Legal Notice  


All information on this Web site is copyrighted ©2017 by Damien Corporation.

ALL RIGHTS RESERVED

While reasonable efforts have been taken in the preparation of this index to assure

its accuracy, Damien, Inc. assumes no liability resulting from any errors

or omissions in this index or from the use of the information herein.

 


Subscription Agreement


                                  

 

This Agreement between The Damien Corporation (“Damien”) and the Subscriber

identified below sets forth the terms and conditions on which Damien will provide

Subscriber with access to Q-DEX On-Line® , its on-line legal

service (“Service”). 

     A. Q-DEX On-Line® Service.

      1. Service.

          a.  Access. Damien will provide Subscriber with access to the Service via

               its Internet web site on payment of the fee indicated below:

 

          730 Consecutive Days Non-Refundable Single-User License

          Subscription  $2,500.00

          365 Consecutive Days Non-Refundable Single-User License

          Subscription  $1,500.00

          30 Consecutive Days Non-Refundable Single-User License

          Subscription  $ 175.00

 

         Upon payment via credit card, or by check via arrangement with Damien Corp.,

         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

         use parameter.

 

          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

              to its then-current Privacy Policy.  

          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

              Service.

      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

              own risk.

          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

          status.

      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.

 

      E. Indemnification

      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. 

      F. Term.

     

      This Agreement will commence upon payment of the subscription fee

      identified in Section A and continues for the subscription period identified

      in Section A.

 

      G. Termination.  

      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

          business. 

      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. 

      H. Miscellaneous. 

      1. Entire Agreement. This is the parties’ entire agreement; it supersedes all

          previous understandings or agreements between them with respect to its

          subject matter. 

      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

          via e-mail. 

      8. Severability and Validity. If part of this Agreement is held to be void or

          unenforceable, the remainder will remain in effect.

 


The Damien Corporation Privacy Policy    


 

Last Update: February 1, 2017

 

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.

 

Use of Cookies- We use temporary cookies on this site to ensure the integrity of the registration process and maintain log-in capability. A cookie is a small text file that is placed temporarily into memory on your hard disk by the Q-DEX On-Line® application. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies.  Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other Web sites you visit.

 

Your Consent

 

We may revise this Privacy Policy from time to time, therefore you should review the current policy from time to time. By using this Site, you

agree to our use of the information we collect about you as set forth in this Privacy Policy. If you do not agree, you should not use this Site. If

you have any questions about this Privacy Policy, contact us at: damien@qdex.com. 

 

Links to Other Web Sites

 

This policy covers this Site only. When you use a link to go from our Site to another web site, our Privacy Policy is no longer in effect. We are

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.

 

Questions

 

Questions regarding this Privacy Policy, our practices, or your dealings with this Site should be directed to: damien@qdex.com.