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Terms of Use

The information on WWW.PHOENIXASSOCIATES.COM ("the website") is owned by PHOENIX ASSOCIATES LLC ("PHOENIX ASSOCIATES"). These Terms of Use should be read carefully upon visiting or otherwise using the Site. PHOENIX ASSOCIATES reserves the right to modify these Terms of Use from time to time.

ACCEPTANCE OF TERMS
By accessing or otherwise using the website you accept these Terms of Use. If you do not agree with all of these Terms of Use, do not use the website. Use of the website is expressly conditioned upon your assent to all of these Terms of Use.

OWNERSHIP
PHOENIX ASSOCIATES is the trademark of PHOENIX ASSOCIATES. The trademarks, service marks, and logos used in the PDF Catalog are trademarks of PHOENIX ASSOCIATES or others. Nothing in the PDF Catalog shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written consent of PHOENIX ASSOCIATES. The designations ®, ©, TM, SM or any other intellectual property symbols reflect registration and/or use in the context of United States laws as such relate to such intellectual property symbols.
All materials in the website created or provided by PHOENIX ASSOCIATES, including text, graphics, logos, icons, and images, are the property of PHOENIX ASSOCIATES or its content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this website is the exclusive property of PHOENIX ASSOCIATES and is also protected by United States and foreign intellectual property laws. You may view, copy, and print the materials on this website for internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located in the website in any form or by any means without the prior written consent of PHOENIX ASSOCIATES. PHOENIX ASSOCIATES reserves the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Upon revocation or termination of such rights, you must destroy any digital or printed copies obtained from any portion of the website.
If you are interested in reproducing any PHOENIX ASSOCIATES trademark, or any photo, image, text or other copyrighted material owned by PHOENIX ASSOCIATES, please contact Scott Janda at SJANDA@PHOENIXASSOCIATES.COM. Unauthorized use of any such material may violate copyright law, trademark law, and other laws of the United States and other jurisdictions.

CONTENT
While PHOENIX ASSOCIATES uses reasonable efforts to include accurate information in the website, PHOENIX ASSOCIATES does not guarantee the accuracy, integrity, timeliness or quality of any information that is found on, in connection with, or posted to our website. PHOENIX ASSOCIATES has no liability for any such information, including for any errors or omissions in the content of the website.

DISCLAIMER OF WARRANTIES
PHOENIX ASSOCIATES warrants the products shown in the website as set forth in [the written warranties provided with such product and our Terms of Sale]. Nothing in the website is intended to grant any additional product warranty. EXCEPT FOR SUCH WRITTEN WARRANTIES, PHOENIX ASSOCIATES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, THE INFORMATION IN THE WEBSITE, AND THE PRODUCTS SHOWN IN THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOENIX ASSOCIATES MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED, OR TRANSFERRED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, DESIRES, OR NEEDS; AND (iv) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE WEBSITE WILL BE CORRECTED.
You use the website at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. PHOENIX ASSOCIATES assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the website or any of its material.

LIMITATION OF LIABILITY
IN NO EVENT WILL PHOENIX ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF PHOENIX ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OBTAINED, OR TRANSFERRED OR SOUGHT TO BE PURCHASED, OBTAINED OR TRANSFERRED THROUGH OR FROM PHOENIX ASSOCIATES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICE PROVIDED BY PHOENIX ASSOCIATES.

GLOBAL AVAILABILITY & APPLICABLE LAWS
The website may contain references to PHOENIX ASSOCIATES products, services, or programs that are not available in your country. Such references are not intended to announce such products, services, or programs in your country. The use of the website and any claim relating to it or its contents are governed by laws of the state of Ohio, United States of America, and controlling federal law of the United States of America, without regard to conflicts of laws provisions.

GENERAL INFORMATION
The sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio State Courts and the United States federal courts having within their jurisdiction the location of PHOENIX ASSOCIATES's principal place of business, and you and PHOENIX ASSOCIATES agree to submit to personal and exclusive jurisdiction of these courts. Any failure by PHOENIX ASSOCIATES to exercise or enforce any term, provision, or right established by these Terms of Use shall not constitute a waiver of such term, provision, or right. These Terms of Use are the complete and exclusive agreement between PHOENIX ASSOCIATES and you concerning your use of the website, and they supersede and cancel all previous agreements, communication, and other understandings pertaining to your use of the website, except any terms and conditions contained in any other document specifically referenced herein. In the event that any term or provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, the term or provision shall be limited or interpreted in such a manner as to render the remaining terms and provisions valid and enforceable to the maximum extent allowed by law. These Terms of Use do not create an agency, joint venture, or employment relationship, and you do not have the right to bind PHOENIX ASSOCIATES in any respect whatsoever. The terms and provisions of these Terms of Use may not be assigned, transferred, or sublicensed by you; however, PHOENIX ASSOCIATES reserves the right to assign these Terms of Use in part or in whole to any third party. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and do not have any legal or contractual effect whatsoever.

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