This document (the “Agreement”), along with the Privacy Policy and any other policies or guidelines posted at phoenix-intelligence.com (and associated websites) (the “Websites”), is a contract between you (“you”) and Phoenix Intelligence Inc. (and, where applicable, its affiliates) (“Phoenix Intelligence”) regarding the conditions associated with your use of the phoenixintelligence.com website (and associated websites). You agree to all of the terms and conditions specified in this Agreement by using or accessing the Websites. You must stop accessing or using the Websites if you do not or cannot agree to the provisions of this Agreement at any time.
To access the Websites, you’ll need a compatible Web browser. You understand and agree that Phoenix Intelligence may stop supporting a particular Web browser at any time, and that your continued use of the Websites will necessitate downloading a supported Web browser. You also realize and accept that the Websites’ functionality is dependent on the functionality of your computer equipment and Internet connection.
Phoenix Intelligence also has the right, at its sole discretion and without notice, to suspend or remove access to the Websites. For example, if you do not comply with the terms of this Agreement or use the Websites in a way that could expose Phoenix Intelligence to legal liability, disrupt the Websites, or disrupt others’ use of the Websites, Phoenix Intelligence may suspend or terminate your use of the Websites.
Phoenix Intelligence retains the right to stop the Websites at any time, either temporarily or permanently. Phoenix Intelligence will make commercially reasonable attempts to notify you of such a change.
Phoenix Intelligence and its licensors own all right, title, and interest in and to the Websites and the information they contain, and they will continue to do so. The Websites are protected by copyright, trademark, and other intellectual property laws in the United States and abroad. You may not duplicate, modify, or create derivative works based on the Websites or their content, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Websites or their content unless expressly permitted in this Agreement.As an individual consumer, Phoenix Intelligence provides you a personal, nontransferable, non-exclusive, revocable, and restricted permission to access and use the Websites and Content for your own personal purposes.
To the fullest extent permitted by applicable law, Phoenix Intelligence makes no warranty or representation about the service, including that it will meet your requirements or work in conjunction with any third-party hardware or software, that it will be uninterrupted, error-free, or that all errors in the service will be corrected. The service is provided by Phoenix Intelligence “as is” and “as available.”
To the fullest extent permitted by applicable law, Phoenix Intelligence express warranties and remedies (if any) are exclusive and supersede all other warranties, express or implied, whether in fact or by operation of law, statute, custom, oral or written statements, or otherwise, including, but not limited to, implied warranties of merchantability, availability, performance, compatibility, and others.
To the fullest extent permitted by law, Phoenix Intelligence and its suppliers or licensors will not be liable for any incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized use of any data, whether based on contract, delict or tort (including negligence) or strict liability.Phoenix Intelligence total cumulative obligation to you under this agreement shall not exceed $100 if Phoenix Intelligence is found liable to pay you any damages. If any remedy granted herein fails to achieve its fundamental objective, the aforementioned limits of responsibility will not be altered.
You agree to defend, indemnify, and hold Phoenix Intelligence,Inc its officers, directors, affiliates, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Websites.
Phoenix Intelligence retains the right to make amendments to this Agreement at any moment in order to reflect changes in relevant legislation or our activities. At the bottom of this page, you’ll see the date of the most recent version of this Agreement. You agree to any modifications to this Agreement by continuing to use our Websites.
This Agreement and any dispute between you and Phoenix Intelligence shall be governed by and constructed in accordance with the law of the state of Delaware.
This Agreement is the full and final agreement between Phoenix Intelligence and you with respect to the Websites, and it supersedes and replaces all earlier agreements between Phoenix Intelligence and you with respect to the Websites.
If a court of competent jurisdiction finds a provision of this Agreement to be unlawful, that provision will be severed from this Agreement and will not impact the validity of the Agreement as a whole.
The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.
In case of any questions or comments regarding this Agreement, please communicate via email.
Last Updated: July 12th, 2021
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