Terms of Use

PAXIS Institute LLC

Web Sites (hereinafter “Sites”):

Paxpartner.org,
Goodbehaviorgame.org,
Paxis.org,
Paxtools.org

Mobile Apps (hereinafter “Apps”):

PAX-UP! Partners,
PAX-UP! Observers,
PAX-UP! Teachers,
PAX-UP! Families,
PAX Tools

Use of any of our Sites or our Apps constitutes use of PAXIS’ Services (hereinafter “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT USE OUR SERVICES.

PAXIS is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Services and can be found here: https://www.goodbehaviorgame.org/privacy-policy

The terms “we,” “us,” and “our” refer to PAXIS.
The terms “You” and “your” refers to you, as a user of our Services.

1. REGISTRATION TO USE OUR SERVICES

If you are a user who registers to use any of our Services, you will create a personalized account which includes a unique username and a password to access the Services and to receive messages from us. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your account.

2. YOUR RIGHTS TO USE OUR SERVICES

Subject to your compliance with these Terms of Use, PAXIS grants to you a limited, non-transferable, non-sublicensable, non-exclusive license during the Term to 1) access the Sites and Apps that make up the Services in order to use the Sites and Apps in accordance with their functionality and any related documentation; 2) to use any Materials provided within these Sites and Apps; and 3) to generate and use Reports as allowed by the functionality and as further set out below (collectively, the “Use Rights”).

You expressly acknowledge and agree that your Use Rights are subject to the following conditions: 1) You shall not copy, modify, duplicate, publish, distribute, display, create derivative works of, or alter physical or electronic characteristics of the Services or any related Materials or Reports unless expressly permitted, as indicated in the Documentation; 2) You agree to use the Services and related Materials and Reports in accordance with these Terms of Use and all federal, state and local laws and regulations. You understand and agree that the Services and related Materials and Reports are meant to be used as tools to supplement you in advancing student engagement and achievement and are not intended or designed to be used alone or to replace your professional judgment. You assume all responsibility for the use or misuse of the Services and related materials and Reports. Subject to your compliance with these Terms of Use, you may print, copy, display and otherwise distribute Materials and Reports to which you have access, provided, however, that such actions are in compliance with your obligations under all applicable laws, regulations, and professional standards and obligations. You represent and warrant that you have obtained the necessary permissions from third parties (including, for example, from students and parents) relating to your use of Materials and Reports. You hereby release PAXIS from any claim or liability relating to your use of Materials and Reports. Your rights in and to the Services and related Materials and Reports are limited to those set out in this Section 2 and you acknowledge and agree that any other use of the Services and related Materials and Reports is strictly prohibited.

3. OUR RIGHTS TO USE YOUR SUBMITTED INFORMATION AND FEEDBACK

By providing Submitted Information through your use of the Services, You grant PAXIS a royalty-free, non-exclusive, transferrable, sub-licensable, worldwide license to use the Submitted Information for all purposes contemplated under these Terms of Use as well as the Documentation and the Sites and Apps functionality. You further acknowledge and agree that, in certain instances, other users of the Services (such as a related System Administrator, district or school) may be able to review your Submitted Information. PAXIS does not claim ownership in Submitted Information and retains only those rights reasonably necessary in order to provide the Services and as otherwise contemplated under these Terms of Use and the functionality and Documentation related to the Services. Submitted Information that we receive from you is subject to our Privacy Policy.

By providing feedback, comments, ideas or suggestions about the Services or related Materials and Reports (collectively “Feedback”), you grant us the right to use and exploit your Feedback in any manner, and without compensation to you, for as long as we deem warranted and you acknowledge and agree that you have no expectation of review, compensation or other consideration for any Feedback you provide.

By providing Submitted Information and/or Feedback, you represent and warrant that you either own such Submitted Information and Feedback or that you have obtained or have obtained any necessary consent needed in order to grant the rights to PAXIS contemplated under these Terms of Use and related Documentation. As to the consent required for students’ personal information, The Family Educational Rights and Privacy Act, 20 USC §1232g, and the Protection of Pupil Rights Amendment (hereinafter “FERPA”) allows schools to share student records that may contain students’ personal information with certain service providers when the service provider is acting as an agent of the school and is performing services that would otherwise be performed by the school’s own employees, without the necessity of obtaining parental consent for such disclosure. We comply with FERPA by giving the school direct control over the students’ personal information and refraining from re-disclosing or using any such personal information for any other reason than to provide our Services. We rely on our compliance with FERPA as the basis for consent to receive any student personal information provided to us by any district, school, administrators or teachers. We will comply with access requests as required by FERPA.

4. CODE OF CONDUCT

The purpose of PAXIS’ materials, trainings, and software is to increase peace, productivity, health and happiness at individual, group and population level, and our software is explicitly designed to further those purposes. Thus,

You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

You will not post information that is malicious, libelous, false or inaccurate;

You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

You will not submit material that you know contains viruses, Trojan Horses, or other computer programming routines that are intended to damage, interfere with or misappropriate any data from the Services.

You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

You hereby agree that we have the right to determine whether your submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

5. INTELLECTUAL PROPERTY

You acknowledge and agree that PAXIS and our licensors retain ownership of all intellectual property rights of any kind related to the Services and related materials and Documentation, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

PAXIS respects the intellectual property rights of others and requires that its users do the same. If you believe that any Materials, Documentation or other content available within the Services constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”)to respond to such concerns, as follows:

Email: Info@PAXIS.org

Mail: PAXIS Institute LLC
PO Box 31205
Tucson, AZ 85751

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

1. WARRANTY DISCLAIMER

THE SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

2. LIMITATION OF LIABILITY AND WAIVER OF CONSEQUENTIAL DAMAGES

PAXIS’S TOTAL LIABILITY FOR LOSS OR DAMAGE RELATING TO THESE TERMS OF USE, THE SERVICES AND RELATED MATERIALS AND REPORTS AND YOUR USE OR INABILITY TO USE THE SERVICES AND RELATED MATERIALS AND REPORTS, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU TO PAXIS FOR USE OF THE SERVICES DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE ACTION OR CLAIM. THIS IS YOUR EXCLUSIVE DAMAGES REMEDY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAXIS, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

3. TERM AND TERMINATION

Term. The term of these Terms of Use begins on the earlier of (i) the date you electronically accept these Terms, and (ii) the date you first begin to use the Services (the “Term”). Unless terminated earlier pursuant to this Section 8 (Term and Termination), the Term shall continue for as long as PAXIS continues to provide you with access to the Services or as otherwise set out in an applicable Order Form.

Termination for Breach. Either party shall have the right to terminate these Terms of Use if the other party breaches any of its obligations under these Terms of Use and fails to cure the same within thirty (30) days after receipt of written notice of default

Survival. The following provisions shall survive the expiration or termination of these Terms of Use: Section 3, 4, 5, 7 and any other provision that by its nature or intent should survive the termination of these Terms of Use, shall survive any termination of these Terms of Use.

4. CHANGES TO OUR TERMS OF USE

We reserve the right to change these Terms of Use and our Privacy Policy at any time. We will notify you of significant changes to our Terms of Use by sending a notice to the primary email address specified in your account or by placing a prominent notice on our Sites and/or Apps. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Sites and/or Apps and these Terms of Use for updates. If any provisions of these Terms of Use are found to be illegal or unenforceable, the remaining provisions shall be enforced to the maximum extent possible. These Terms of Use may not be waived, amended or modified without the prior written permission of PAXIS.

5. INCORPORATION AND ORDER OF PRECEDENCE

The Privacy Policy for our Sites and our Apps are incorporated herein and should be read in conjunction with these Terms of Use. The Terms of Use and Privacy Policy constitute the entire agreement between PAXIS and you and supersede all other communications, both oral and written, on this subject. In the event of any conflict or inconsistency between any terms and conditions contained in these Terms of Use and our Privacy Policy, the conflict shall be resolved by giving precedence to the applicable term or condition first in the Privacy Policy and then second in these Terms of Use.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

6. GOVERNING LAW

These Terms of Use and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of Arizona, without regard to conflict of law provisions.

7. CONTACT US

If you have any questions regarding these Terms of Use, please contact us at:

Email: Info@PAXIS.org

Mail: PAXIS Institute LLC
PO Box 31205
Tucson, AZ 85751

Last Updated: These Terms of Use were last updated on October 1, 2019.