PAX Training LLC Terms of Service Effective: Monday, February 14, 2024

1. Agreement Overview

These Terms of Service (“Terms”) constitute a legal agreement between you (“User”, “Company”, “Organization”, “you,” or “your”) and PAX Training LLC (“PAX,” “we,” “our,” or “us”), a company incorporated in the state of Kansas, United States.

By accessing or attempting to access the PAX Platform, using PAX products, Services, memberships, or other offerings (collectively, the “Services”), establishing a membership, or accessing the PAXTraining.com website—including creating a login, posting or downloading content, making any kind of purchase, or otherwise manifesting agreement in any manner—you acknowledge and agree to be legally bound by these Terms and any subsequent updates.

If you do not agree to be bound by these terms, you are prohibited from using or accessing the Website, Platform, and all other Services. These Terms apply to all users, including but not limited to Individual Users, Business Entities, and other organizations.

PAX reserves the right to modify these Terms at any time as outlined in the Modifications to Terms section. You are responsible for checking for updates, and continued use of PAX Services after changes are posted constitutes acceptance of those changes.

2. Definitions

For clarity, the following definitions apply:

“PAX” – Refers to PAX Training LLC.
“Services” – Refers to all PAX memberships, PAX Platform, courses, consulting, or additional products and services as additionally defined in the Scope of Services section of these Terms.
“User” – Any individual and/or organization using PAX Services or the PAX Platform.
“Administrator” – A designated individual(s) within a multi-user membership responsible for managing users and access.
“Website” – Refers to the PAXTraining.com website and any derivative website on which these Terms are posted or other websites that are owned or operated by PAX.
“PAX Customer Support.” – The customer service department of PAX. Information on contacting this department can be found on our contact page: https://paxtraining.com/contact/
“Privacy Policy” – Refers to the privacy practices and policies governing the collection, use, storage, and disclosure of user data by PAX. The full policy is available at https://paxtraining.com/privacy-policy/.

3. Scope of Services

The Services of PAX include but are not limited to the following:

Memberships (“Membership”): One or more of the paid memberships offered by PAX for either a single user or multiple users. Memberships provide access to the PAX Platform and associated training courses.The type of membership, such as multiple or single user, and what is included in each, such as the specific course or system features, are defined on the membership page (https://paxtraining.com/memberships/) of the PAX Website.
Certain Memberships may also offer Membership Add-Ons for a separate monthly or one-time fee. These Add-Ons provide access to additional courses, features, or services.
PAX Platform (“Platform”): The online training platform used as part of PAX Memberships to administer and monitor online courses, training, and records.
Training Materials: Proprietary training courses and programs including but not limited to courses included with PAX Memberships, paid membership add-ons, and stand-alone materials such as Office staff and management training, the Entry-Level Driver Training (ELDT) Complete Training Program, and third-party content provided by partners, affiliates, or other third parties.
Pro Services: Services such as training program import, training content development, video production, and various other consulting services that may be governed by additional or subsequent agreements that extend or supersede these terms.

Third-Party Content: Training Materials provided by third-party providers, affiliates, or partners. Certain third-party content may require eligibility verification. Administrators may be asked to provide proof of their relationship with a third-party partner (e.g., an insurance company, association, or vehicle manufacturer) in order to gain access to specific content. Access to such content may be denied or withheld if verification cannot be made and/or confirmed with the third-party provider.

PAX Services and information on the PAX website are for educational purposes only, and we do not offer any legal, medical, tax, or other professional advice. Additionally, unless explicitly indicated as such, PAX Services are NOT meant to replace in-person training and/or any driving test, licensing requirements, regulatory, or legal obligations. Both individuals and their employers should ensure that proper and valid licenses are held as required by federal, state, and local laws regarding the type of work or actions being performed.

4. Membership Terms

Accurate & Up-to-date Information

Users must provide accurate and complete information when establishing a Membership and maintain up-to-date information as long as their Membership is active. Failure to do so may result in suspension or cancellation. This includes but is not limited to:

Name, email, phone number, billing address.
Multi-user memberships additionally require the company name and designated billing contact information.

Minimum Age Requirement

Only those at least 18 years old may use PAX Services, including the PAX Platform.

Payment Terms

Membership fees consist of the following:

A One-Time Setup Fee that must be paid before a membership can be established or to upgrade between memberships.
An ongoing Per User Monthly Fee based on the number of active users during the previous billing cycle.

A membership will only remain active as long as the Per-User Monthly Fee is paid.

Additionally, some memberships may have a minimum billing threshold based on either a fixed amount or an amount correlated with a minimum number of users, regardless of the actual number of active users during the previous billing cycle.

By establishing and/or maintaining an active membership, you provide permission to process the Per User Monthly Fees automatically each month within the first 3 (three) business days of each month to your primary billing method. If for any reason that payment declines or otherwise fails, you provide permission for the processing of up to 3 (three) subsequent retry attempts within 15 (fifteen) business days directly after the initial attempt.

Upgrading & Downgrading

Memberships may be upgraded at any time by paying the difference between the One-Time Setup Fee actually paid and the current One-Time Setup Fee of the desired new membership.

The upgrade cost is based on the actual amount paid when the current membership that is to be upgraded was established, including any discounts or promotions that were applied at that time. As a result, if the initial setup fee was discounted, the amount due for the upgrade may be higher than the difference between setup fees.

Memberships may also be downgraded at any time. However, unless explicitly covered by the Refund Policy Section of these Terms, a downgrade will result in the forfeiture of any One-Time Setup Fees paid.

Upon successfully completing an upgrade or downgrade, the new membership fully replaces the previous one. All features, billing, and terms of the new membership will apply immediately, including but not limited to the Per User Monthly Fee, any applicable minimums, and access to features or services specific to the new membership. However, depending on the timing of a downgrade, a pro-rated amount for the ongoing Per User Monthly Fee may be due in order to complete the downgrade.

Pricing Adjustments

PAX reserves the right to adjust ongoing Per User Monthly Fees after providing the membership billing contact with at least 60 (sixty) days’ notice of changes via:

At least 2 email notifications to the primary billing contact.
Platform announcements whenever available.

Since the One-Time Setup Fee is only due when a membership is established or upgraded, it may be adjusted at any time without prior notice.

Individual Login Information

You may be provided with a login or be required to create one for certain aspects of the PAX Website and/or PAX Platform. This login is personal to you, and you cannot share it or allow any other person to utilize your login. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your account. You must immediately notify PAX Customer Support in the event that you learn of or have reason to suspect unauthorized use of your login or any other breach of security.

You also agree to provide truthful and accurate information during the registration process. PAX may refuse to grant a particular username to you for any reason, including, without limitation, in the event PAX determines that such username impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

Administrator Responsibilities

Administrator(s) of multi-user memberships are responsible for:

Adding and removing users as needed.
Ensuring all users comply with these Terms.
Keeping membership and user information accurate and up to date.
Promptly addressing any violations of these Terms within their membership.

Additionally, it is the sole responsibility of the Administrator(s) to ensure that employees who are no longer employed or should no longer have access to the PAX Platform are set to inactive. Refunds or credits will not be issued for users who should have been removed from the PAX Platform.

Administrators must verify that all registered users are at least 18 years old before granting access to the PAX Platform.

Declined Payments

In the event of a declined or failed payment on Per User Monthly Fees, Users will have 25 (twenty-five) calendar days from the day of the declined payment to update their payment details so that the payment may be processed.

If the issue is not resolved within 25 (twenty-five) calendar days, the account will be temporarily suspended, and users within the membership will not be able to log in until the membership is brought current by paying any past or currently due amounts. If a membership remains unpaid for 3 (three) consecutive calendar months, will become inactive.

Credits

Credits may be applied to memberships in certain situations or as part of promotions. These credits can be used the same as any other payment method and, unless otherwise stated or indicated, do not expire. Anytime a purchase or fee is applied to a membership, credits will be applied first before using any other payment method on file. Additionally, credits are non-refundable, non-transferable and cannot be redeemed for cash value.

Company Directory

Active multi-user memberships are eligible to be listed in the PAX Company Directory. Memberships that are inactive, suspended, or have past-due balances will not be listed. If a payment declines or the membership’s status changes, the listing will automatically be removed and will not reappear until the membership is brought current or the issue has been resolved.

PAX reserves the right to verify, correct, or remove inaccurate information and withhold listings that may be offensive, derogatory, or otherwise violate these Terms. PAX Members may also opt not to be listed in the directory or update their listing at any time by contacting PAX Customer Support.

Accessibility

PAX is committed to making the PAX Platform accessible for all users, including individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA) and other relevant accessibility laws. If you encounter accessibility barriers or need specific support or accommodations, please contact PAX Customer Support for assistance.

Term & Cancellation

Unless otherwise stated, all memberships automatically renew each month and remain in full effect unless canceled.

Memberships may be canceled at any time and for any reason by an authorized officer of the company or organization that has the membership or, in the event of a single-user membership, the User who established the membership. This can be done by contacting PAX Customer Support. However, depending on the time notice is provided and usage up to that point, a pro-rated ongoing Per User Monthly Fee may be due. Additionally, membership fees are non-refundable except as outlined in the Refund Policy Section of these Terms. If a refund is requested during an eligible period and granted, the membership will also be canceled as a condition of the refund.

Memberships may also be canceled by PAX in the event of any of the following:

Non-payment of ongoing Per User Monthly Fees.
Unresolved or past due balances owed.
Violations of these Terms or applicable laws.

If any of these occur, efforts will be made to contact the Administrator or billing contact for the membership and provide ways for them to resolve the issue and maintain their membership. However, it is the sole responsibility of the person, company, entity, or organization responsible for the membership to remedy the issue in order to keep their membership in good standing.

In the event that a past-due amount is not paid within 3 (three) calendar months, PAX may employ a collection agency, attorney, or other third party to collect any amounts due. Once this action is taken, the person, company, entity, or organization responsible for the amount due will incur reasonable fees and interest to cover the associated costs incurred by PAX in collecting the past-due amount.

Additionally, PAX reserves the right to terminate any membership or suspend access to the Services at its sole discretion and without cause upon 30 (thirty) days’ written notice.

Voluntary Temporary Suspension

PAX reserves the right to provide voluntary temporary suspension or to temporarily modify membership terms in order to assist members dealing with:

A natural disaster.
Major unexpected or unanticipated business disruption.
Other exceptional circumstances.

If you believe you should qualify for a temporary suspension or temporary modification of membership terms, you must contact PAX Customer Support and provide written information on your unique situation. PAX has sole discretion to approve, deny, or partially approve any requests on a case-by-case basis.

Membership Re-Activation

Memberships that are inactive through cancellation or other means for 3 (three) or more calendar months may be subject to the following fees in addition to any amounts already due in order to be reinstated:

$49 reactivation fee for individual memberships
$99 reactivation fee for multi-user memberships

Data Retention

If a membership is canceled or temporarily suspended, PAX will retain all the records associated with it for at least 12 (twelve) months or as required under the PAX Privacy Policy or other legal requirements and obligations. After this time, PAX is under no obligation to store or maintain any data associated with the membership.

Once a PAX membership has been canceled, users, including Administrators, will no longer be able to log in. Although PAX will retain the data, the only way to access it will be to reinstate the membership.

After the retention period has expired, PAX is under no obligation to retain any information or data related to the membership and may delete the data at any time.

Individuals’ requests to retrieve their personal certificates of completion will be reviewed on a case-by-case basis; however, only current, non-expired certificates will be provided to individuals.

5. Refund Policy

PAX offers a 100% satisfaction guarantee during the first 30 days of a multi-user-based PAX Membership, upgrades between multi-user-based memberships, and other products, services, and courses explicitly designated as being covered under this policy. If you feel that the product or service does not meet your expectations within this timeframe, you may request a refund.

Refund requests must include feedback explaining the reason for dissatisfaction. Approval is subject to review based on engagement metrics. For memberships, an approved refund results in immediate cancellation of the membership. For courses and other online services, an approved refund results in the immediate loss of access.

In the event of an approved refund for a physical product, it may be required to be returned at the User’s expense. The User is responsible for ensuring it is delivered to the proper address and includes any identifying information such as a Return Merchandise Authorization (RMA) code or printout. Additionally, the initial cost of shipping and handling will be deducted from the final refund amount.

Our 30-day guarantee is a singular offer, valid once per person, business entity, and/or organization. This stipulation upholds the fairness and integrity of our Platform and Services, deterring potential misuse from recurrent enrollments and refunds. If the 30-day guarantee is used, PAX reserves the right at its sole discretion to refuse all future purchases of Memberships or any PAX product or Services. If a subsequent purchase is allowed after the use of the 30-day guarantee, the purchaser relinquishes the right to exercise the guarantee again.

Engagement Metrics for Refunds

We encourage members to explore our courses. However, if a User or multiple users go through a significant portion of or complete all courses within the 30-day window and then seek a refund, we’ll request detailed feedback. This feedback is instrumental in helping us grasp the root of any dissatisfaction and enhance our Platform and/or Services. It also helps us in determining the legitimacy of the refund request. Refunds under these circumstances will be granted at the sole discretion of PAX, particularly if we have reason to believe that the refund request might be an attempt to use our Services without cost.

Refund evaluations may consider the following:

Number of users added to the platform
Total courses accessed and/or completed
Percentage of courses accessed or completed.
Time spent engaging with materials.
Test or quiz attempts.

We may also use any additional metrics at our discretion to determine the legitimacy of the refund request.

Refund Processing

Refunds will be issued at PAX’s sole discretion using the original payment method or may be provided as a credit if the refund does not result in the closure of the associated membership. The actual time to process a refund may vary. Pro-rated refunds, if applicable, will be determined based on Usage and time remaining in the billing cycle.

Approved refunds will be processed within 10 (ten) business days. PAX is not responsible for any additional processing time of any banking institutions involved, such as the time it may take for the amount to appear on a credit card statement. Additionally, in the event the original payment method cannot be used for the refund, PAX has sole discretion over the timing and method of providing the refund, including increasing the time needed for processing.

Exclusions

Separate refund policies may govern products and/or services outside of PAX Memberships or those included in separate agreements, invoices, or quotes. If applicable, refund policies for these products and/or services will be defined in any associated agreements or terms.

Due to the nature of individual or single-user memberships, where individual certification constitutes a large part of the overall value, these membership types are excluded from our 30-day Guarantee and are not eligible for a refund after the first certification of completion for a course(s) has been issued.

Refunds are not available for completed Pro Services. If a membership includes Pro Services as part of its One-Time Setup Fee, the portion of that fee attributed to Pro Services is non-refundable. This is determined by comparing the One-Time Setup Fee of the membership that includes Pro Services to a comparable membership that does not include them.

Refunds are also not available for:

Services rendered or products provided under separate agreements unless explicitly stated in their associated agreement.
Previously rendered services or past invoices.
Any purchase that occurred more than 30 (thirty) days prior to the request for a refund.

6. User Conduct & Content Policy

All Users must:

Comply with all applicable laws and these Terms.
Avoid sharing harmful, malicious, or unauthorized content.
Use the platform ethically and responsibly.

Prohibited behaviors include harassment, hacking, circumventing security features, or unauthorized access. Violations may result in immediate termination of a User’s login or Membership cancellation without refund and reporting to the appropriate authorities where warranted.

PAX reserves the right to moderate, remove, or restrict content, individual logins, and memberships at its sole discretion if such content:

Violates applicable laws, these Terms, or ethical guidelines.
Contains unauthorized, harmful, or misleading information.
Creates risk for PAX, its partners, or users.

PAX’s content moderation is primarily reactive, relying on user reports, but PAX reserves the right to proactively remove content or suspend accounts at its discretion.

User-Uploaded Content

Users may upload text, videos, files, and other materials to the platform. By uploading content, you grant PAX a non-exclusive, royalty-free, perpetual, worldwide license to host, display, and distribute the content solely within the platform’s functionality. Additionally, you certify that you have the legal right to use such content and take full responsibility in the event that you do not have such rights.

Uploaded content must:

Be lawful, ethical, and appropriately authorized.
Not infringe on intellectual property rights.
Comply with all applicable laws and these Terms.

Additionally, Users must ensure that their uploaded content does not violate intellectual property rights as outlined in the Intellectual Property Section of these Terms.

Moderation and Reporting

Content moderation is reactive. PAX reviews violations as reported. Users can report content issues by contacting PAX Customer Support. Reports are typically acknowledged and/or reviewed within 5 (five) business days.

Right to Report

Although every effort to protect the privacy of organizations and individuals is made, in the event that illegal activity or adding and abetting of illegal activity is taking place on or being facilitated via the PAX Platform, via PAX Services, or using PAX infrastructure, PAX reserves the right to report this information to the appropriate authorities.

7. Data Collection and Privacy

PAX collects, stores, and uses data collected in accordance with PAX’s Privacy Policy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms.

PAX employs industry-standard security measures to protect user data, including encryption, access controls, and routine security audits. In the event of a data breach affecting user information, PAX will notify affected users as required by applicable law.

PAX collects the following data:

Registration details: Name, email, phone number, billing address.
Browser data: IP address, cookies, and device information.
Platform activity: Logins, Actions, Course progress, time spent on each course, and testing attempts.

The data collected is used for operational purposes, including:

Enhancing user experience and Platform functionality.
Monitoring platform security.
Providing insights to improve training materials.

Data Sharing and Opt-In Programs

There may be offerings or programs that require additional opt-in to access. When opt-ed into one of these offerings or programs, data may be shared with affiliates or partners to verify eligibility for discounts or exclusive content and/or access specific training content or materials. Consent to opt-in may be given verbally, electronically, in written form, or any other method that would imply affirmative consent to opt-in, for example, using a promo code associated with a trade association or other third party when establishing a membership or making a purchase.

When you opt into these programs, courses, or materials, ongoing data may be shared with the third-party content provider, partner, or affiliate. You may revoke your opt-in at any time; however, revoking your opt-in may result in a loss of access to related content or materials. Additionally, even after opt-out, PAX reserves the right to continue to share anonymized data as required for revenue-sharing, other partnerships, and/or as required in the course of normal business.

For complete privacy practices, refer to our Privacy Policy.

8. Intellectual Property

PAX retains all rights to its training materials, branding, and platform content.

Users may not reproduce, redistribute, or modify proprietary content.

Third-party content remains the property of its original owner and is subject to separate licensing agreements.

Unless otherwise specifically noted in these Terms, images, trademarks, service marks, logos, and icons displayed on the Website, Platform, or in PAX Services, including, without limitation, Trademarks and all materials related to PAX Services, are the copyrighted property of PAX and/or its licensors and may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated or distributed to any other party in violation of these Terms. Trademarks owned by third parties are the property of those respective third parties.

Any unauthorized use of any content, whether owned by PAX or other third parties, may violate copyright, trademark, privacy, and publicity laws, as well as communications regulations and statutes.

You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, or redistribute the intellectual property found in the PAX Platform, Services, Website, or any part thereof or grant any other person or entity the right or access to do so.

You acknowledge that the Platform, Services, and/or Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds, or other material provided by PAX or third parties that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed.

Third-Party Content

Content provided by third parties, partners, or affiliates remains the property of its respective owners. Unauthorized sharing, redistribution, or piracy of any content on the platform, including third-party content, is strictly prohibited.

Additionally, any third party’s views, opinions, methods, and processes do not necessarily reflect those of PAX. PAX takes no responsibility for the content, information provided, or recommended practices in third-party content. PAX is not responsible for the functionality, security, or reliability of third-party integrations, services, courses, or APIs. Users engaging with third-party services assume all associated risks.

User-uploaded or Generated Content

Users retain ownership of content they upload or create, but PAX is granted a non-exclusive, royalty-free, worldwide license to use, host, and distribute such content within the Platform as necessary to provide Services.

Any and all feedback submitted by Users to PAX becomes PAX’s property for use in service improvement without compensation.

Intellectual Property Disputes

If you believe that content on the PAX Platform infringes your intellectual property rights, you may submit a written notice to PAX Customer Support with the following:

Identification of the copyrighted/trademarked work.
Proof of ownership.
Description of the allegedly infringing content.
Your contact information.

PAX reserves the right to remove or restrict content while a claim is under review.

9. Dispute Resolution

Complaints or disputes must be submitted in writing to PAX Customer Support. Complaints are typically acknowledged within 10 (ten) business days, and resolutions are provided within 30 (thirty) business days.

Disputes are resolved at PAX’s discretion. Arbitration may be required, following the rules of the American Arbitration Association (AAA). Proceedings will occur in Johnson County, Kansas, United States, unless both parties agree otherwise. Before initiating arbitration, both parties agree to attempt mediation in good faith through a neutral third party. If mediation fails, arbitration will proceed under the rules of the American Arbitration Association.

Each party shall bear its own legal costs and arbitration fees, except in cases where the arbitrator determines the claim was filed in bad faith, in which case the non-prevailing party shall cover arbitration costs.

Class-Action Waiver

By using PAX Services, you waive the right to participate in any class-action lawsuit against PAX. Disputes must be resolved as outlined in these Terms.

10. Modifications to Terms

PAX reserves the right, at its discretion, to update, change, modify, add, or remove portions of these Terms at any time by posting such changes to this page. Any changes will be effective immediately upon posting. Notifications of significant changes will be posted on the platform whenever this functionality is available.

Users are responsible for reviewing these Terms periodically. Continued use of PAX Services constitutes acceptance of updates to these Terms.

Furthermore, you understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review them. Continued use of PAX Services or Platform constitutes acceptance of updates to these Terms.

11. Regulatory Compliance

The User is responsible for understanding and adhering to all relevant local, state, and federal regulations related to the work they will be performing and how they relate to the PAX Website, Services, or Platform. Furthermore, the User assumes all responsibility for ensuring their training complies with applicable regulations. PAX is not liable for any breaches or repercussions resulting from non-compliance.

12. Service Availability & Uptime

PAX strives to provide 99.9% uptime for the PAX Platform, Website and Services, but does not guarantee uninterrupted access or a specific uptime. Response times for technical support inquiries are generally within the same business day or by the following business day.

PAX is not responsible for service disruptions due to:

Scheduled maintenance.
Unforeseen outages (server failures, cyberattacks).
Third-party hosting or connectivity failures.
Internet infrastructure outages or failures.
Connectivity issues related to the User’s internet connection.
Or any other cause of service disruption.

In the event of an outage lasting 2 or more continuous business days, PAX may, at its sole discretion, provide a prorated credit based on memberships or Users affected, but no guarantee of service continuity is made. No refunds or credits will be provided for temporary or intermittent service disruptions.

13. Interpretation

When a reference is made in these Terms to an article, section, paragraph, clause, schedule, or exhibit, such reference shall be deemed to be to these Terms unless otherwise indicated. The headings contained herein and on the exhibits are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms or the schedules. Whenever the words “include,” “includes”, or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.”

14. Indemnity

Indemnification by Users

Users agree to indemnify, defend, and hold harmless PAX, its affiliates, officers, employees, agents, contractors, licensors, and third-party content providers (collectively, the “Indemnified and Released Parties”) from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

User Reliance on PAX Services – Any claim that a User’s use of PAX’s training materials, courses, or Services resulted in an accident, injury, financial loss, regulatory non-compliance, or other damages. Users acknowledge that PAX does not warrant compliance with any regulatory requirements and that they are solely responsible for ensuring any training is appropriate for their needs.
Failure to Adhere to Regulatory Requirements – Any claim or enforcement action arising from a User’s failure to comply with applicable laws, regulations, or licensing requirements.
User-Generated Content – Any claim that content uploaded by a User to the PAX Platform infringes intellectual property rights, violates applicable laws, or contains false or misleading information.
Third-Party Content Disputes – Any claim related to the use of training materials, courses, or content provided by third-party licensors or partners through PAX Services.

Users voluntarily assume all risks associated with the use of PAX Services and, to the fullest extent permitted by law, waive any right to seek damages, claims, or legal recourse against PAX.

By using PAX’s Services, Users expressly release and forever discharge the Indemnified and Released Parties from any and all claims, demands, causes of action, damages, or liabilities arising from or related to their use of the Website, Platform, or Services, even if caused by the negligence of the Indemnified and Released Parties.

15. Limitation of Liability

No Liability for Indirect or Consequential Damages
To the fullest extent permitted by law, PAX shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of business, reputational harm, regulatory fines, legal costs, damages to third parties, or any claim arising out of or related to the use, inability to use, or reliance on the Website, Platform, or Services, regardless of whether PAX has been advised of the possibility of such damages.Under no circumstances shall PAX, its affiliates, officers, employees, or contractors be liable for any damages or claims of any kind. Users expressly waive all rights to bring any claim against PAX for any reason arising from or related to these Terms, except where such waiver is prohibited by applicable law.
Users Assume All Risk
By using any PAX Service, the User assumes full and complete responsibility for all actions and results stemming from training provided. PAX does not accept liability for:
- Any accidents, incidents, injuries, or damages arising from reliance on its training materials;
- Any failure by the User to comply with laws, regulations, or industry standards;
- Any inaccuracies, omissions, or outdated content in training materials.
No Liability for Third-Party Content
PAX provides access to certain training materials, courses, and content created by third parties. PAX does not warrant the accuracy, reliability, legality, or applicability of such content and shall not be liable for any claims arising from a User’s reliance on third-party materials.
Users Are Responsible for Adapting Materials
All training materials, courses, and other content provided through PAX Services are meant as general training resources and must be reviewed and adapted by Users to their specific needs, industry practices, resources, and regulatory requirements.
No Guarantee of Compliance
PAX’s Services are designed as educational tools and, unless otherwise stated or indicated, are not a substitute for legal or regulatory compliance. Users assume full responsibility for compliance with all applicable laws and regulations.
User Assumes All Risk
By using any PAX Service, the User assumes full and complete responsibility for all actions and results stemming from the training provided. PAX is not liable for any accidents, incidents, or legal disputes arising from the use of its Services.
User’s Obligation to Verify Training Suitability
All PAX Services and Training Materials are provided as general educational resources and must be individually reviewed and adapted by Users to their specific industry, work environment, and compliance needs. Users are solely responsible for determining whether the training meets applicable legal, safety, or regulatory requirements.
External Links
The PAX Website, Platform, or Services may provide, or third parties may provide, links to other websites or resources on the Internet. Because PAX has no control over such websites or resources, you acknowledge and agree that PAX is not responsible for the availability of such external websites or resources, and PAX does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. You further acknowledge and agree that PAX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such website or resource. PAX strongly encourages you to review any separate terms of use and privacy policies governing the use of these third-party websites and resources.

16. No Warranties

No Express or Implied Warranties

OUR WEBSITE, PLATFORM, SERVICES, TRAINING MATERIALS, AND ANY THIRD-PARTY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. EXCEPT TO THE EXTENT PROHIBITED BY LAW, PAX, ITS AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
SATISFACTORY QUALITY
NON-INFRINGEMENT
QUIET ENJOYMENT
ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE

PAX MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, PLATFORM, SERVICES, TRAINING MATERIALS, OR THIRD-PARTY CONTENT.

PAX DOES NOT WARRANT THAT THE SERVICES WILL BE:

UNINTERRUPTED, ERROR-FREE, OR SECURE,
FREE FROM DATA LOSS, ALTERATION, OR CORRUPTION,
SUITABLE FOR ANY SPECIFIC PURPOSE OR REGULATORY REQUIREMENT, OR
ACCURATE, RELIABLE, OR LEGALLY COMPLIANT WHEN IT INCLUDES THIRD-PARTY CONTENT.

AS STATED IN THE LIMITATION OF LIABILITY SECTION OF THESE TERMS, PAX IS NOT LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON ITS SERVICES.

No Guarantee of Training Effectiveness

PAX does not guarantee that any training materials, courses, or Services will achieve specific learning outcomes, competency levels, or performance improvements. Training effectiveness depends on individual comprehension, application, and adherence to workplace policies.

No Guarantee of Updates or Accuracy

While PAX may periodically update training materials, it makes no guarantees that all information will remain current, complete, or error-free. Users are responsible for ensuring they are using the most recent and applicable version of any training material.

No Warranties for Third-Party Content

PAX does not own or create all training content available on its Platform. Some courses and materials are provided by third-party licensors. PAX does not warrant the quality, accuracy, legality, or applicability of any third-party content, and Users access such content at their own risk.

17. Force Majeure

PAX shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to:

Natural disasters (earthquakes, floods, hurricanes, pandemics),
Acts of war, terrorism, cyberattacks, or labor disputes,
Government orders, regulations, or infrastructure failures.

If a Force Majeure event occurs, PAX may suspend or modify affected services without liability.

18. Governing Law & Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Kansas without regard to its choice or conflict of laws provisions. User hereby consents to exclusive jurisdiction and venue in the state and federal courts sitting in Johnson County, Kansas.

19. Severability

In the event any provision of these Terms is determined to be invalid or unenforceable by the ruling of an arbitrator or court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

20. General

The failure of either party to enforce the provisions hereof shall not be construed as a waiver of such provisions.

Nothing in these Terms shall be deemed to create any joint venture, joint enterprise, or agency relationship.