All information on this Web site is copyrighted ©2020 by Damien, LLC.
ALL RIGHTS RESERVED
While reasonable efforts have been taken in the preparation of this index to assure
its accuracy, Damien, LLC. assumes no liability resulting from any errors
or omissions in this index or from the use of the information herein.
This Agreement between Damien, LLC (herein Damien) and the Subscriber
identified below sets forth the and conditions on which Damien will provide
Subscriber with access to Q-DEX On-Line® , its on-line legal
A. Q-DEX On-Line® Service.
a. Access. Damien will provide Subscriber with access to the Service via
its Internet web site on payment of the fee indicated below:
Upon payment via credit card, or by check via arrangement with Damien.
Damien will attach an access code to the Subscriber’s chosen user name and
password to be used in accessing the Service and grant to Subscriber a
personal, non-exclusive, non-transferable license to access the Service for the
Subscriber’s own, internal purposes. Subscriber may also print content from the
Service in connection with such use, provided that proprietary notices are not
altered or removed and that the amount of data printed falls within a reasonable
b. Ownership. Subscriber acknowledges that as between Subscriber and
Damien, Damien owns all rights in its web site, the Service, and the
information provided through the Service. Damien reserves all rights
not expressly granted.
c. Restrictions on Use. Subscriber will comply with any rules regarding use
of the Service that Damien posts on its web site. Subscriber may not
modify, copy, distribute, transfer, transmit, lend, sell or license the
Service or any information obtained through the Service and may
not grant any rights granted to it hereunder to a third party or provide
access to the Service to a third party. Subscriber acknowledges that
Damien may monitor its access to and use of the Service, pursuant
d. Modifications to Subscription Agreement. Damien may modify this
Agreement by posting an amendment on its web site. Subscriber’s
access or use of the Service after the posting of an amendment will
constitute agreement to the amendment.
e. Cessation and Security. Subscriber acknowledges that Damien may, in
its sole discretion, temporarily or permanently cease to operate the
Service, or terminate or restrict Subscriber’s access and use of the
2. Operation and Security.
a. Operation. Damien will use commercially reasonable efforts to make the
Service accessible 24-hours per day, seven days per week. However,
Damien reserves the right to temporarily suspend or limit all or part of
the Service or access thereto, for maintenance, upgrades, or causes
beyond its reasonable control. Subscriber acknowledges that Damien
will have no liability to Subscriber or any third party in connection with
such suspension or limitation.
b. Security. Damien will provide security and protection for the Service,
including maintaining firewalls, using passwords and other security
devices to limit unauthorized access, and implementing virus protection.
3. Accuracy. Damien will use commercially reasonable efforts to communicate
information relating to the Service accurately and will promptly correct
errors that come to its attention.
B. Subscriber’s Obligations.
1. Payment. Subscriber’s access to and use of the Service is conditioned on
payment of the subscription fee identified in Section A.
2. User Name and Password. Subscriber is responsible for all use of
Subscriber’s user name and password. Subscriber shall immediately notify
Damien of any unauthorized disclosure or use of Subscriber’s user name
and password or access to the Service.
3. Subscriber Conduct.
a. Subscriber acknowledges that Damien is not its fiduciary or legal
advisor and further acknowledges that Subscriber is solely
responsible for its access and use of the Service, which is at its
b. Subscriber will not: (1) disrupt or interfere with the web site or
Service; (2) intentionally transmit viruses or other harmful or disruptive
devices; or (3) take action that imposes an unreasonable or
disproportionately large load on the Service.
4. Subscribers Claiming Tax Exempt Status. Subscribers claiming tax exempt
status and supplying an “E” number certify that they are tax exempt under
§501(c)(3) of the Internal Revenue Code and shall indemnify Damien for
any tax, interest and penalties Damien may incur as a result of Subscriber
supplying inaccurate or incorrect information regarding its tax exempt
C. Disclaimers of Warranty
1. “As Is”. The Services are provided “as is”.
2. Disclaimer of Warranties. Damien disclaims all warranties of any kind,
including without limitation, warranties of merchantability,
non-infringement, and fitness for a particular purpose. Neither
Damien nor its directors, officers, employees, or agents make any warranty
as to accuracy, timeliness, completeness, performance or availability of the
Service, or delays, omissions, or interruptions in the Service. Damien has
not given and will not be liable in connection with any warranties, express
or implied, that the Services will: (a) meet Subscriber’s requirements; or
(b) be uninterrupted, timely, secure, or error-free or virus-free.
D. Limitation of Liability.
Damien will not be liable for any claim for indirect, incidental, special,
consequential, or punitive damages including loss of business, profits,
revenues, use, data or other intangibles, even if Damien has been
advised of the possibility of such damages. Damien will not be liable for
any damages suffered by Subscriber including from loss of data, delay,
non-delivery or mis-delivery of content, errors, down-time or any other
interruptions, regardless of cause. Damien’s total liability to Subscriber for all
claims of any kind, regardless of legal theory, will not exceed the subscription
fee identified in Section A.
Subscriber will indemnify, defend and hold harmless Damien, its directors,
officers, employees and agents from and against any and all claims
(including attorney’s fees and expenses) resulting from or arising out of its
access and use (including any unauthorized use) of the Service.
This Agreement will commence upon payment of the subscription fee
identified in Section A and continues for the subscription period identified
in Section A.
1. Events of Termination. Damien may terminate this Agreement immediately
on written notice to Subscriber if Subscriber breaches any of its obligations
under this Agreement. Damien may also terminate this Agreement
immediately on written notice should Damien Corporation cease doing
2. Effects of Termination. Upon termination of this Agreement, Damien will
cancel Subscriber’s user name and password and Subscriber will have no
further right to access the Service.
1. Entire Agreement. This is the parties’ entire agreement; it supersedes all
previous understandings or agreements between them with respect to its
2. Assignment. Damien may assign any of its rights and obligations under
this Agreement without consent.
3. Governing Law. This Agreement will be governed by laws of the State
of Illinois, without regard to its choice or conflict of law rules. Any action
arising out of a dispute between the parties must be brought in the state
or federal courts in Chicago, Illinois. Subscriber irrevocably submits itself
to the jurisdiction and venue of those courts for purposes of such action
and waives any objections to such jurisdiction or venue.
4. Relationship. This Agreement will not create an agency, joint venture,
partnership, employment relationship, or franchise between the parties.
Subscriber will pay any present or future sales, use, excise, lease,
value-added, or other similar tax, applicable to the Service.
5. Force Majeure. Damien will not be liable for a delay or inability to perform
its obligations under this Agreement if the delay or nonperformance is
caused by circumstances beyond its reasonable control.
6. Remedies Cumulative/Waiver. The rights, powers and remedies in this
Agreement or otherwise existing will be cumulative and a party’s exercise
or failure to exercise any of such rights, powers, or remedies will not
preclude their subsequent exercise by such party. Neither party will be
deemed to have waived any rights under this Agreement because of any
contrary custom or practice of the parties.
7. Notices. Communications under this Agreement will by duly given
8. Severability and Validity. If part of this Agreement is held to be void or
unenforceable, the remainder will remain in effect.
Last Update: May 15, 2020
The Information We Collect
When you visit our Site you may provide us with two types of information:
(1) personal information that you knowingly disclose, collected on an individual basis, and
(2) Site use information, collected on an aggregate basis.
Personal Information-We collect personally-identifiable information, such as your name, e-mail address, office or home address,
telephone number, credit or debit card information (actually collected by third part credit card processor), and other similar information,
only when you voluntarily provide it. When you order products or services through our Site, including subscribing to the Q-DEX On-Line®
service, you may voluntarily provide your credit card information and contact information. Your credit card information is encrypted and
relayed to a third party credit card processor who then sends an authorization code back to the Site. We may retain your other information
but will not use it for any reason except in connection with the reason that you provided it. For example, if you send us an e-mail message,
we may keep a copy of your message, including your e-mail address, and our response. If you are a Q-DEX On-Line® subscriber, you will
be assigned user identification and a password, which we may monitor pursuant to the Subscription Agreement.
Site Use Information- Our servers automatically collect site use information, such as the domain name relating to your Internet access,
operating system being used (e.g., Macintosh, Windows), browser being used (e.g., Netscape, Internet Explorer), web site that referred your
to the Site, and other similar information. This information is aggregated to show the number, time and dates of visits to the Site, average time
spent on the Site pages viewed, and other similar information. We use this to evaluate and improve the content of our Site.
We do not sell, share, transfer or otherwise disclose your information to third parties, except to a third party credit card processor (only when
you are using a credit card to make a purchase) or where the law requires disclosure.
Links to Other Web Sites
not responsible for the privacy policies of web sites linked to or from our Site or for the information or content of those web sites.