TERMS OF USE

BY USING OUR SITE, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Thank you for visiting www.paxenpublishing.com (this “Site”).  This Site is owned and operated by Paxen Publishing, LLC (“Paxen Publishing,” “we,” “our” or “us”).  By accessing and using this Site and/or the services provided through this Site, you agree to these Terms of Use (the “Terms of Use”).  If you do not agree, you may not use this Site or the services provided through this Site.

Use of the site and Acceptance of Terms.

Please carefully review the Terms of Use of this Site and the terms of our Privacy Policy located at https://www.paxenpublishing.com/privacy-policy/ before using this Site, or any goods or services related to our Site. These Terms of Use contain important information regarding your legal rights, remedies and obligations. They include various limitation and exclusions. By using this Site, you agree to be bound by, and acknowledge your acceptance of these Terms of Use.

If you do not agree to these Terms or Use, or if you do not agree with our Privacy Policy, please do not use the Site or any services offered through the Site. By accessing, browsing, submitting information to, downloading forms or catalogs, accessing materials and information, ordering products or otherwise using the Site, you acknowledge and agree to be bound to these Terms of Use. Paxen Publishing does not knowingly collect information from minors. Minors should only use this site under the supervision of an adult.

From time to time, we may update these Terms of Use. For significant changes, we will notify you by posting a prominent notice on our Site indicating at the bottom of the Terms of Use when it was most recently updated.  As such, we encourage you to please check the Terms of Use periodically for material changes. You agree to be bound by all the provisions of these Terms of Use that are displayed on the Site on the date you use the Site. Your continued use of the Site, indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the Site on the date of such use.

PAXEN PUBLISHING SERVICES

The Site services consist of certain services focused on creating learning tools to open educational and employment doors, including through the sale of certain products, including but not limited to, books, curriculum, and online learning tools (the “Services”).  More information about the Services is available at: https://www.paxenpublishing.com/home.html Paxen Publishing reserves the right at any time and from time to time to modify, change, alter, discontinue or cancel this Site, the Services or any part thereof with or without notice. You agree that Paxen Publishing will not be liable to you or to any third party for any such changes.

ACCOUNT REGISTRATION

To use certain of the Services, you may wish to register with Paxen Publishing by creating an individual user account and obtaining a password.  You are solely responsible for maintaining the confidentiality of your account and password and for all activities and liabilities associated with your account and password.  If you become aware of any unauthorized use of your account or password, you should immediately notify Paxen Publishing of such unauthorized use.  You may not transfer your account to any other person or entity. You are not required to register or create an account with Paxen Publishing. Voluntary creation of an account with Paxen Publishing will allow you to save certain information, for your convenience, for future use of the Site.

RESTRICTIONS ON USE

You acknowledge that this Site, the Services, any underlying technology used in connection with this Site and/or the Services, and all software, material, information, graphics, animations, audio, video, photos, and other data (the “Content”) available on this Site or through the Services provided by Paxen Publishing, its licensors or approved third-party providers are the copyrighted works of such third parties. Except as may otherwise be specifically provided in these Terms of Use you may not use, copy, distribute, republish, upload, post or transmit any Content without the prior written consent of Paxen Publishing. Modification of the Content for any purpose may violate Paxen Publishing’s or its licensor’s intellectual property rights. The Content on this Site is provided for lawful purposes only.

SUBMISSIONS

All personally identifiable information, content, reviews, suggestions, ideas, graphics, or other information that you upload or otherwise make available through this Site or the Services (together, the “Submissions”), is and remains your property. Paxen Publishing’s obligations to protect any personally identifiable information are detailed in Paxen Publishing’s Privacy Policy.  By uploading, posting or otherwise making available any Submissions, you automatically grant and/or warrant that as the owner of such Submissions you have granted Paxen Publishing, a perpetual, royalty-free, fully-paid up, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, store, disclose consistent with the terms of the Privacy Policy, and transmit the Submissions through the Site and/or the Services, for any and all commercial and non-commercial purposes. You also permit any other user of the Services to access, view, store, and reproduce the Submissions to the same extent as Paxen Publishing permitted herein. You acknowledge that you are responsible for all Submissions that you submit, and you, not Paxen Publishing have full responsibility for the Submissions, including its legality, reliability, appropriateness, originality, and/or copyright.

Any Submission posted to the Site will be deemed NOT CONFIDENTIAL. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submissions.

In addition to the warranty and representation set forth above, by posting a Submission, you warrant and represent that (a) you are the copyright owner of your submission or you have the permission of the copyright owner and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use.

You acknowledge that Paxen Publishing is not responsible for the accuracy of any Submissions. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such Submissions originated. This means that you, and not Paxen Publishing, are entirely responsible for all Submissions that you post to the Site.

SECURITY MEASURES

Paxen Publishing has taken reasonable steps and has employed industry-standard practices and technology to ensure the integrity and confidentiality of personally identifiable information; but because even the most secure computer system can be violated, Paxen Publishing cannot guarantee absolute security.

IMPORTANT: Please keep in mind that whenever you voluntarily disclose information about yourself in the public domain, it is likely to be collected and used by third parties. These third parties may use your information to contact you or for unauthorized purposes. Also, please remember that no one can guarantee the absolute security of information transmitted electronically.

OBLIGATIONS OF SITE VISITORS

You agree not to do any of the following while visiting or using the Site or any Services provided by or through the Site:

  • restrict or inhibit any other user from using and enjoying the Site or the Services;
  • impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Paxen Publishing;
  • post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
  • post or transmit comments containing harassing or offensive language or engage in disruptive activities online;
  • post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
  • post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters” or any other form of solicitation on the Site or through the Site or the Services;
  • post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights;
  • post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
  • solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
  • violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
  • access or use password protected, secure or non-public areas of the Site or the Services without authorization;
  • frame, repackage, or otherwise redistribute any portion of the Site or the Services; or
  • use the Site or any Services to collect personally identifying information about users of the Site or the Services, or conduct any activity in violation of the Paxen Publishing Privacy Policy.

Paxen Publishing may terminate your access to the Site and/or the Services at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in Paxen Publishing’s sole and absolute discretion.   Paxen Publishing will not be liable to you or any third party as a result of such termination. The terms and conditions provided in these Terms of Use will survive any such termination.

THIRD PARTY WEBSITES AND DOWNLOADABLE MATERIALS

This Site may contain downloadable materials and links to external sites.  Paxen Publishing is not responsible for, and has no control over, the content of any such third party owned downloadable materials or external sites. You understand that Paxen Publishing cannot and does not guarantee or warrant that files or software of any kind, from any source, that are available for downloading through this Site or the Services or through third party websites linked to this Site, will be free of infection, viruses, worms, Trojan horses or other code or defects that contain or incorporate contaminating or destructive properties. Links to other websites do not imply an endorsement of the materials, products, content, or ideas  displayed on, or disseminated at or through those websites, nor does the existence of a link to another of Paxen Publishing’s other sites imply that the organization or person publishing at that website endorses any of the materials or ideas at this Site. Paxen Publishing reserves the right to disable links from third-party websites to any of Paxen Publishing’s Sites at any time without prior notice.

PRIVACY POLICY

Our policies concerning the use of your personal information are set forth in our Privacy Policy available at https://www.paxenpublishing.com/privacy-policy/ “Privacy Policy”).  The terms of the Privacy Policy are incorporated herein by this reference.  Please carefully review the information contained in the Privacy Policy.  By using this Site, the Services and/or the materials or Content provided through this Site or the Services, you agree to waive and release Paxen Publishing from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of the Privacy Policy.

INDEMNIFICATION

You agree to indemnify and hold Paxen Publishing, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of any content you submit, post to, email, or otherwise transmit through this Site and/or Services, your use of this Site and/or the Services, your connection to this Site or the Services, or your breach of these Terms of Use or any applicable terms and conditions of sale.

TERMINATION

You may discontinue your participation in and access to the Services at any time. You acknowledge and agree that Paxen Publishing may terminate or block your use of all or part of this Site and/or the Services, without prior notice and for any reason or no reason at all.  You agree that upon termination or discontinuance for any reason, Paxen Publishing may delete all information related to you on the Services and may bar your access to the Site and/or your use of the Services.

PAYMENT TERMS

With respect to any products, materials or services ordered or purchased from Paxen Publishing by phone, mail or email, or through the Site, the terms of payment for such products or services are within Paxen Publishing’s sole discretion. Such sales will be governed by the terms and conditions of sale, provided to you at the time of purchase. Unless otherwise agreed to by Paxen Publishing, payment is due at the time of purchase.  Your order is subject to cancellation by Paxen Publishing at any time and for any reason in Paxen Publishing’s sole discretion.

ORDERING METHODS

ONLINE

Use the product categories to browse through our products. When you find an item to purchase, indicate the quantity and click the “Add to Cart” button. When you are ready to checkout, log into your account or use our “guest checkout” feature. You must have a purchase order number and a credit card to complete the transaction. All transactions are made using a secure site to protect your information. If you have a promotion code, be sure to enter it where indicated at checkout.

PHONE

Call us toll free at 866-547-1895. Our customer service representatives are ready to assist and answer any questions. For quicker processing, have your item number ready when you call.

BY MAIL

Send your purchase order or completed order form to the following address:

Paxen Publishing

2194 Highway A1A, Suite 208

Indian Harbour Beach, FL 32937

BY EMAIL

Complete the order form and scan to your Account Executive.

INDIVIDUAL ORDERS

For purchases from an individual, prepayment is required in the form of a credit card. We accept American Express®, Discover®, MasterCard®, and Visa®. We also accept money orders and/or checks made payable to Paxen Publishing.

RESELLERS

In order to protect the security and integrity of materials that are intended to be used and administered only by professional educators, it is the policy of Paxen Publishing to ship certain materials only to teachers, schools, school districts and home schools. Individuals placing orders may be asked to furnish a teaching certification in order to ensure against students ordering teacher materials and to protect our customers. When ordering, include your school address and position.  Authorized resellers of Paxen Publishing and its subsidiaries are required to order materials using the agreements and procedures applicable to them.

METHODS OF PAYMENT

All orders require a prepayment unless you’re using an organization purchase order. We accept the following credit cards: American Express®, Discover®, MasterCard®, and Visa®.

PRICES

Prices quoted are school prices and apply to the education customers of Paxen Publishing. Prices are subject to change without notice and do not include transportation charges unless otherwise stated. Additionally, prices do not include sales tax. Applicable sales tax, if any, will be added to the invoice unless an appropriate tax exemption certificate has been furnished to Paxen Publishing. All orders will be filled at the prices in effect upon receipt of your order.

Non-educational customers may obtain the list price by calling Paxen Publishing at 866-547-1895.

PAYMENT TERMS

Accounts must be paid net 30 days. Purchasers who do not have accounts should include payment with the order, including 10.5% to cover shipping service fees, and tax if applicable. A tax-exempt certificate must be received to apply tax-exempt status to new accounts. Purchase order numbers are required if billing a public-school district.

CREDIT CARD ORDERS

For credit card orders on VISA®, MasterCard®, Discover® Card, or American Express®, you may order through the Site or call our customer service department at 866.547.1895. You will need to provide the name as it appears on the credit card, credit card number, cardholder’s full billing address, expiration date of the card, security (CVV) code, and a daytime phone number. All credit card orders must include shipping service fees plus applicable sales tax.

PURCHASE AUTHORIZATION

By ordering Products, Purchaser represents and warrants that it has complied with any and all of its own requirements necessary to authorize the purchase.  Purchaser is solely responsible for all purchase decisions, including purchase order authorization and guarantee of payment.

TRANSPORTATION AND HANDLING COSTS

For catalog orders, we ship F.O.B. shipping point (whether a Paxen Publishing facility or a third party facility). Shipping costs quoted are estimates and may vary from the actual costs. The cost of shipping is calculated by taking the school price and adding 10.5%. Minimum charge $10.00.  Please allow three weeks for normal delivery. Expedited delivery is available for an additional fee.

RETURNS OF PRODUCTS

All materials in saleable condition may be returned for credit or a full refund (minus shipping charges) within 60 days of purchase.  Materials returned after 60 days of purchase will be subject to a 20% restocking fee.  All returns require an approved Return Merchandise Authorization (RMA).  To obtain an RMA, please contact us by phone at 866.547.1895, or via email at customerservice@paxenpublishing.com.  When returning merchandise, please include the original packing slip, a copy of your original invoice, and the approved RMA form. If no invoice, packing slip or return authorization is included, there will be a 20% restocking charged to the account.  For your protection, properly package the merchandise to prevent damage, and send the materials by an insurable method.  All software is non-returnable once opened.  We do not accept returns for materials purchased prior to one year earlier, or for materials that are out of print. Please ship authorized returns to:

BRM c/o Paxen Publishing

401 Commerce Blvd

Oldsmar, FL 34677

 

REVIEW COPIES

Before requesting a review copy, visit the product page of our website to see sample pages for all products by clicking “look inside” under the product cover image. If you still need to see more, call us a call at 866-547-1895 or contact your regional sales consultant.

Paxen Publishing prohibits reproduction of our materials, unless otherwise stated. To request permission to photocopy, duplicate, reprint, or otherwise reuse our material, please contact us.

EQUAL OPPORTUNITY CLAUSE

Pursuant to Presidential Executive Order 11246, as amended by Presidential Executive Order 11375, the Vietnam Era Veterans’ Readjustment Act of 1974 and the Rehabilitation Act of 1973 as amended, Paxen Publishing does not, and Purchaser shall not engage in any discriminatory practices based on race, color, religion, national origin, or physical or mental handicap.  To the degree they are applicable, the following provisions are incorporated herein by reference and are binding upon Paxen Purchasing and Purchaser as if set forth fully at length herein: 41 CFR 60-1.4; 41 CFR 60-250.4 and 41 CFR 60-741.4.

INTELLECTUAL PROPERTY

The Site and relevant content of the Site, including all books, content and materials sold through the Site, are protected by copyright, trademark and other laws of the United States. Paxen Publishing, and its licensors, exclusively own all right, title and interest in and to the Site and content and any materials that may be available or downloaded such as data, articles or other information, including all associated intellectual property rights. All trademarks, service marks, and logos referenced or appearing on the Site are the property of Paxen Publishing or their respective owners. The Sites’ content, including but not limited to, all books, curriculum, photographs, graphics, videos and other imagery, may not be used, copied, downloaded, republished, reproduced, adapted, modified, distributed, licensed, sold, transferred, transmitted, streamed, broadcasted or otherwise exploited without Paxen Publishing’s prior express written permission. Paxen Publishing’s names, trademarks, service marks, and logos that appear on the Site may not be used in any manner or for any purpose without Paxen Publishing’s prior express written permission.

Copyright Notice

Our materials, including all posts, contained on the Site are copyrighted materials of Paxen Publishing, LLC Copyright © 2018. All rights reserved.

COPYRIGHT ACT AGENT

We respect the intellectual property rights of others, and require that the people who use this Site and/or the Services do the same. If you believe that your work appears on this Site or the Services and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Copyright Agent: privacy@paxenpublishing.com

TRADEMARK INFORMATION

All trademarks used on this Site or the Services, including, but not limited to trademarks used on this Site or the Services that may not be owned by Paxen Publishing, are the property of their respective owners.

GENERAL TERMS AND CONDITIONS

These Terms of Use will be governed and interpreted in accordance with the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law.  If any party institutes a lawsuit or other action or proceeding pertaining to these Terms of Use, any right or obligation of any party hereunder, or any breach of these Terms of Use, then the sole and exclusive venue and jurisdiction for filing and maintaining any such lawsuit or other action or proceeding shall be in the Courts sitting in Orange County, Florida or the U.S. Middle District of Florida and each of the parties waives the right to institute or maintain any such suit, action or proceeding in any other courts or forums whatsoever.  By using the Site you consent and submit yourself to the personal jurisdiction of such court. You agree that in the event of a breach by you of any provision of these Terms of Use, Paxen Publishing shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling Paxen Publishing to each and every remedy available at law or in equity for a breach of this Agreement by you. If any part of these Terms of Use is deemed to be unlawful, void, or unenforceable, that part will be severed and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with any applicable terms and conditions of sale and the Privacy Policy constitute the entire agreement between the parties relating to the use of this Site and the Services.  Paxen Publishing may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on the Site.

DISCLAIMER; NO WARRANTY

THE CONTENT AND MATERIAL ON THIS SITE AND/OR THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PAXEN PUBLISHING MAY MAKE CHANGES TO THIS SITE OR THE SERVICES AT ANY TIME.  THIS SITE, THE SERVICES AND THE CONTENT AND MATERIALS ON THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  PAXEN PUBLISHING MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL EVER BE AVAILABLE FOR USE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAXEN PUBLISHING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES AND ALL MATERIAL AND CONTENT OFFERED THROUGH THE SITE AND/OR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PAXEN PUBLISHING DOES NOT WARRANT THAT THIS SITE OR THE SERVICES, THE FUNCTIONS CONTAINED ON THIS SITE OR THE SERVICES, OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS SITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE IMPLEMENTED PROCEDURES TO PREVENT SUCH CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER AND ITS DATA. PAXEN PUBLISHING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THIS SITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL PAXEN PUBLISHING BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, STOLEN INFORMATION OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, THE SERVICES, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS, CONTENT OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE MATERIALS, CONTENT, PRODUCTS OR SERVICES OFFERED ON THIS SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL PAXEN PUBLISHING, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, THE SERVICES OR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE OR THE SERVICES.  TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  PAXEN PUBLISHING’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THIS SITE AND THE SERVICES, THE MATERIALS AND CONTENT ON THIS SITE OR THE SERVICES OR YOUR ACCESS OR USE OF THIS SITE, THE SERVICES OR THE MATERIALS AND CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES.

Severability; Waiver

If any provision of these Terms of Use are found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties. Paxen Publishing’s failure to enforce strict performance of any provision of these Terms of Use, or to penalize any violation of these Terms of Use, does not constitute a waiver of future violations.

These Terms of Use are effective as of: May 31, 2018.