I. Introduction
The Phoenix Marketing, Inc. Terms and Conditions of Use are designed to preserve trust among users of the Phoenix Marketing, Inc. web site. Each user of our web site must accept these rules:
Each Phoenix Marketing, Inc. user must be a person at least 18 years of age or a legal entity and a resident of the United States. By becoming a user, you certify that you meet these requirements. If you do not meet these requirements, please do not use our services.
By using our web site, you accept these Terms and Conditions of Use and promise to follow the rules described here. If you have any questions, please contact Phoenix Marketing, Inc. at moreinfo@phoenixpromo.com
II. Electronic communications
When you use our web site, you agree that you will not interfere with Phoenix Marketing, Inc.'s electronic communications services. Specifically, you agree that you will not:
Except as otherwise specifically provided on this web site, all comments, data, content, suggestions, ideas, concepts or other information you disclose or offer to Phoenix Marketing, Inc. by or through this web site shall be deemed and remain the property of Phoenix Marketing, Inc.. Phoenix Marketing, Inc. will only use such information in accordance with our Privacy Policy. We hereby incorporate our Privacy Policy by reference.
Terms and Conditions and Privacy Policies on web sites of Phoenix Marketing, Inc. affiliates may vary. You hereby agree to read the policies of each web site.
Security
Phoenix Marketing, Inc. relies largely on electronic communication methods, including e-mail, and electronic data transmission. Phoenix Marketing, Inc. carefully guards the security of these communications by using encryption and firewall technology, but cannot guarantee complete security. As a user of Phoenix Marketing, Inc., you acknowledge and agree to the following:
Content
Your communications with Phoenix Marketing, Inc. may be subject to disclosure by Phoenix Marketing, Inc.. Phoenix Marketing, Inc. does not usually disclose information about users or user communications unless we believe that it is necessary or appropriate t
You warrant that any and all information provided by you to Phoenix Marketing, Inc. is accurate and complete, and you shall update the information you provided as necessary to keep it accurate and complete.
E-mail
With respect to Phoenix Marketing, Inc.'s electronic services, including e-mail, you agreet
Discontinuation of Use of our Web Site This is your sole right and remedy for any dissatisfaction with Phoenix Marketing, Inc. or its policies and practices.
Phoenix Marketing, Inc. reserves the right to terminate your right to use this web site and/or your access to all or part of our services at our sole discretion, without notice, for any reason whatsoever, including but not limited to breach of any agreements with Phoenix Marketing, Inc., including these Terms and Conditions of Use.
Following any such termination, you agree to continue to be bound hereunder to the extent applicable. Any provisions in these Terms and Conditions of Use covering limitation of Phoenix Marketing, Inc.'s liability and users' indemnification of Phoenix Marketing, Inc. continue in effect beyond the termination of your use of the web site.
Phoenix Marketing, Inc. may amend, add to, delete or change these Terms and Conditions of Use, its Privacy Policy or its services at any time by posting such amended terms on this web site. Such changes will be effective twenty-four (24) hours after they are posted. If a change is not acceptable, you may discontinue your use of Phoenix Marketing, Inc.. Your continued use of the web site will be deemed your agreement to any such changes or modifications in the Terms and Conditions of Use or Privacy Policy. These Terms and Conditions of Use may not be otherwise changed except in writing by Phoenix Marketing, Inc. and you.
Phoenix Marketing, Inc. grants users a nontransferable, nonexclusive right and license to access and use the web site for their own internal use.
As a user in Phoenix Marketing, Inc., you acknowledge and agree that:
Indemnification by Users
You hereby agree to indemnify, defend and hold Phoenix Marketing, Inc. harmless of, from and against any claim, dispute, liability, loss, cost or expense including any personal injury arising out of or related t your use of this web site, any breach or claimed breach by you of these Terms and Conditions, any information supplied to Phoenix Marketing, Inc. by or through you, any misuse of any information by you or any transaction to which you are a party, including without limitation the sale, delivery or payment for such transaction, and any use, broadcast, dissemination, sale or publishing of any information provided by you or other users of this web site to Phoenix Marketing, Inc..
Limitation of Liability
The Phoenix Marketing, Inc. web site is provided on an "as-is," "as-available" basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose. Phoenix Marketing, Inc. has no responsibility for and makes no warranties regarding: informational content on this web site or on a linked web site whether or not generated by third parties; the quality, suitability or accuracy of the information or services provided on this web site whether or not generated by third parties; or the non infringement of any intellectual property.
Phoenix Marketing, Inc. shall not be responsible for any claim, damages or injury caused by any performance failure, interruption or delay in service of the services offered by this web site. Neither Phoenix Marketing, Inc. nor any of its users, officers, employees, directors, agents, contractors, affiliates, technology partners or providers or content providers (collectively, the "Group") shall be liable for any direct, indirect, special or consequential damages arising out of the use of the services offered by this web site or the services or products furnished by the Group. You hereby release Phoenix Marketing, Inc. and the Group from any liability for any loss, damage, expense or liability incurred by said user by reason of or related to the use of this web site and any information appearing on this web site regardless of how such loss, damage, expense or liability was caused including without limitation the negligence of Phoenix Marketing, Inc. and the Group. Notwithstanding anything herein to the contrary including the limitations on liability set forth herein, each user's recovery against Phoenix Marketing, Inc. shall be limited to any fees paid to Phoenix Marketing, Inc. resulting from such user's use of this web site.
Further, Phoenix Marketing, Inc. and its respective directors, officers, employees, consultants, agents, and representatives will not be liable in any way for (i) any inaccuracy, error, delay in, or omission of any information or the transmission or delivery of information, or (ii) any loss or damage arising from or occasioned by any such inaccuracy, error, delay, omission, nonperformance, or interruption of information or service due either to any negligent act or omission by Phoenix Marketing, Inc. or providers/transmitters of information or to any force majeure (i.e. flood, extraordinary weather conditions, earthquake, or other acts of God; fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction), or any other cause beyond the reasonable control of Phoenix Marketing, Inc. or the information providers/transmitters. Similarly, any links to third party web sites are provided only as a courtesy and Phoenix Marketing, Inc. makes no representations as to the accuracy of the information on such pages. Third party web sites are solely responsible for the content therein.
Notices
Except as explicitly stated otherwise, all notices shall be given by e-mail to moreinfo@phoenixpromo.com (in the case of Phoenix Marketing, Inc.) or to the e-mail address you provide to Phoenix Marketing, Inc. (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address you provide to Phoenix Marketing, Inc.. In such case, notice shall be deemed given three days after the date of mailing.
Phoenix Marketing, Inc. Entire Agreement
These Terms and Conditions of Use set forth the entire understanding and agreement between you and Phoenix Marketing, Inc. concerning the subjects covered above. You understand and agree that use of the services of any entities affiliated with Phoenix Marketing, Inc. will be governed by additional rules and agreements which may substantially differ from this Agreement. These Terms and Conditions and the Privacy Policy of the Phoenix Marketing, Inc. web site, as well as the terms and conditions and privacy policy of any other affiliated or unaffiliated web site, are subject to change without notice.
The Phoenix Marketing, Inc. Terms and Conditions of Use are designed to preserve trust among users of the Phoenix Marketing, Inc. web site. Each user of our web site must accept these rules:
Each Phoenix Marketing, Inc. user must be a person at least 18 years of age or a legal entity and a resident of the United States. By becoming a user, you certify that you meet these requirements. If you do not meet these requirements, please do not use our services.
By using our web site, you accept these Terms and Conditions of Use and promise to follow the rules described here. If you have any questions, please contact Phoenix Marketing, Inc. at moreinfo@phoenixpromo.com
II. Electronic communications
When you use our web site, you agree that you will not interfere with Phoenix Marketing, Inc.'s electronic communications services. Specifically, you agree that you will not:
- Impose an unreasonably or disproportionately large load on our system
- Put any material into the system which contains any viruses, Trojan horses, worms, time bombs, cancel-bots, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Phoenix Marketing, Inc. web site
- Use the Phoenix Marketing, Inc. web site for any illegal purpose
- Harvest or collect any information of other users without a user's specific consent or republish, reproduce or distribute any information provided on Phoenix Marketing, Inc. or any e-mail or communication by or among you and other users
- Impersonate any person or entity or misrepresent your affiliation with a person or entity or communicate under a false name or e-mail address or a name or e-mail address you are not authorized to use
- Act in a way that negatively affects other users
Except as otherwise specifically provided on this web site, all comments, data, content, suggestions, ideas, concepts or other information you disclose or offer to Phoenix Marketing, Inc. by or through this web site shall be deemed and remain the property of Phoenix Marketing, Inc.. Phoenix Marketing, Inc. will only use such information in accordance with our Privacy Policy. We hereby incorporate our Privacy Policy by reference.
Terms and Conditions and Privacy Policies on web sites of Phoenix Marketing, Inc. affiliates may vary. You hereby agree to read the policies of each web site.
Security
Phoenix Marketing, Inc. relies largely on electronic communication methods, including e-mail, and electronic data transmission. Phoenix Marketing, Inc. carefully guards the security of these communications by using encryption and firewall technology, but cannot guarantee complete security. As a user of Phoenix Marketing, Inc., you acknowledge and agree to the following:
- All data, including e-mail, electronic communications, and personal data, when transmitted via the Internet, network communication facilities, telephone, or any other electronic means, may be accessed by unauthorized third parties
- Phoenix Marketing, Inc. is not responsible for notifying you of any upgrades, fixes, or enhancements to any data protection software or for any compromises of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet
Content
Your communications with Phoenix Marketing, Inc. may be subject to disclosure by Phoenix Marketing, Inc.. Phoenix Marketing, Inc. does not usually disclose information about users or user communications unless we believe that it is necessary or appropriate t
- Comply with applicable law or valid legal processes
- Protect the rights, reputation, or property of Phoenix Marketing, Inc. or third parties
- Protect the physical safety of an individual
- Investigate a violation of these Terms and Conditions of Use
You warrant that any and all information provided by you to Phoenix Marketing, Inc. is accurate and complete, and you shall update the information you provided as necessary to keep it accurate and complete.
With respect to Phoenix Marketing, Inc.'s electronic services, including e-mail, you agreet
- Notify us promptly of any changes to your e-mail address
- Accept electronic communications from Phoenix Marketing, Inc. at the e-mail address you specify
- You agree that any change of electronic or postal address that you submit will be effective two (2) business days after receipt by Phoenix Marketing, Inc.
Discontinuation of Use of our Web Site This is your sole right and remedy for any dissatisfaction with Phoenix Marketing, Inc. or its policies and practices.
Phoenix Marketing, Inc. reserves the right to terminate your right to use this web site and/or your access to all or part of our services at our sole discretion, without notice, for any reason whatsoever, including but not limited to breach of any agreements with Phoenix Marketing, Inc., including these Terms and Conditions of Use.
Following any such termination, you agree to continue to be bound hereunder to the extent applicable. Any provisions in these Terms and Conditions of Use covering limitation of Phoenix Marketing, Inc.'s liability and users' indemnification of Phoenix Marketing, Inc. continue in effect beyond the termination of your use of the web site.
Phoenix Marketing, Inc. may amend, add to, delete or change these Terms and Conditions of Use, its Privacy Policy or its services at any time by posting such amended terms on this web site. Such changes will be effective twenty-four (24) hours after they are posted. If a change is not acceptable, you may discontinue your use of Phoenix Marketing, Inc.. Your continued use of the web site will be deemed your agreement to any such changes or modifications in the Terms and Conditions of Use or Privacy Policy. These Terms and Conditions of Use may not be otherwise changed except in writing by Phoenix Marketing, Inc. and you.
Phoenix Marketing, Inc. grants users a nontransferable, nonexclusive right and license to access and use the web site for their own internal use.
As a user in Phoenix Marketing, Inc., you acknowledge and agree that:
- These Terms and Conditions of Use are governed by the laws of the State of New Jersey as applied to agreements entered into and performed entirely within New Jersey between New Jersey residents. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service. Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred
- Both parties submit to personal jurisdiction in New Jersey and any cause of action arising under these Terms and Conditions of Use and involving Phoenix Marketing, Inc. and/or its users will be brought exclusively in a court in Sussex County, New Jersey
- If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions of the Terms and Conditions of Use will continue to be enforced
- Headings in this text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of the section in which they appear
- You agree that if you or others breach these Terms and Conditions of Use and Phoenix Marketing, Inc. fails to act on that violation, Phoenix Marketing, Inc. retains its right to act with respect to subsequent or similar breaches
- All content included on the Phoenix Marketing, Inc. web site, including any screens, audio clips, software, configurations, text, compilation of content, icons, logos, images and information appearing thereon or in connection with this web site, including the name and Phoenix Marketing, Inc. domain, the Phoenix Marketing, Inc. logo and the trademark Phoenix Marketing, Inc., (collectively, the "Protected Property") is the property of Phoenix Marketing, Inc. or its content suppliers and are protected by intellectual property protections, including trademark and copyright laws
- The compilation of all contents on this web site is the exclusive property of Phoenix Marketing, Inc., and is protected by U.S. and international copyright laws
- All software used on this web site is the property of Phoenix Marketing, Inc., its subsidiaries or its software suppliers and is protected by U.S. and international copyright laws
- The content and software on this web site may be used as a resource for personal use only. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the content of this web site is strictly prohibited
- Phoenix Marketing, Inc.'s trademarks may not be used in connection with any product or service that does not belong to Phoenix Marketing, Inc. Phoenix Marketing, Inc.'s trademarks may not be used in connection with any product or service that is likely to cause confusion among users or visitors to this web site or customers or in any manner that disparages or discredits Phoenix Marketing, Inc. or its subsidiaries
Indemnification by Users
You hereby agree to indemnify, defend and hold Phoenix Marketing, Inc. harmless of, from and against any claim, dispute, liability, loss, cost or expense including any personal injury arising out of or related t your use of this web site, any breach or claimed breach by you of these Terms and Conditions, any information supplied to Phoenix Marketing, Inc. by or through you, any misuse of any information by you or any transaction to which you are a party, including without limitation the sale, delivery or payment for such transaction, and any use, broadcast, dissemination, sale or publishing of any information provided by you or other users of this web site to Phoenix Marketing, Inc..
Limitation of Liability
The Phoenix Marketing, Inc. web site is provided on an "as-is," "as-available" basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose. Phoenix Marketing, Inc. has no responsibility for and makes no warranties regarding: informational content on this web site or on a linked web site whether or not generated by third parties; the quality, suitability or accuracy of the information or services provided on this web site whether or not generated by third parties; or the non infringement of any intellectual property.
Phoenix Marketing, Inc. shall not be responsible for any claim, damages or injury caused by any performance failure, interruption or delay in service of the services offered by this web site. Neither Phoenix Marketing, Inc. nor any of its users, officers, employees, directors, agents, contractors, affiliates, technology partners or providers or content providers (collectively, the "Group") shall be liable for any direct, indirect, special or consequential damages arising out of the use of the services offered by this web site or the services or products furnished by the Group. You hereby release Phoenix Marketing, Inc. and the Group from any liability for any loss, damage, expense or liability incurred by said user by reason of or related to the use of this web site and any information appearing on this web site regardless of how such loss, damage, expense or liability was caused including without limitation the negligence of Phoenix Marketing, Inc. and the Group. Notwithstanding anything herein to the contrary including the limitations on liability set forth herein, each user's recovery against Phoenix Marketing, Inc. shall be limited to any fees paid to Phoenix Marketing, Inc. resulting from such user's use of this web site.
Further, Phoenix Marketing, Inc. and its respective directors, officers, employees, consultants, agents, and representatives will not be liable in any way for (i) any inaccuracy, error, delay in, or omission of any information or the transmission or delivery of information, or (ii) any loss or damage arising from or occasioned by any such inaccuracy, error, delay, omission, nonperformance, or interruption of information or service due either to any negligent act or omission by Phoenix Marketing, Inc. or providers/transmitters of information or to any force majeure (i.e. flood, extraordinary weather conditions, earthquake, or other acts of God; fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction), or any other cause beyond the reasonable control of Phoenix Marketing, Inc. or the information providers/transmitters. Similarly, any links to third party web sites are provided only as a courtesy and Phoenix Marketing, Inc. makes no representations as to the accuracy of the information on such pages. Third party web sites are solely responsible for the content therein.
Notices
Except as explicitly stated otherwise, all notices shall be given by e-mail to moreinfo@phoenixpromo.com (in the case of Phoenix Marketing, Inc.) or to the e-mail address you provide to Phoenix Marketing, Inc. (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address you provide to Phoenix Marketing, Inc.. In such case, notice shall be deemed given three days after the date of mailing.
Phoenix Marketing, Inc. Entire Agreement
These Terms and Conditions of Use set forth the entire understanding and agreement between you and Phoenix Marketing, Inc. concerning the subjects covered above. You understand and agree that use of the services of any entities affiliated with Phoenix Marketing, Inc. will be governed by additional rules and agreements which may substantially differ from this Agreement. These Terms and Conditions and the Privacy Policy of the Phoenix Marketing, Inc. web site, as well as the terms and conditions and privacy policy of any other affiliated or unaffiliated web site, are subject to change without notice.