Terms of Use

 

Terms of Service: 

Welcome to Phoenix Program (“Website”).  We at Phoenix Program, hope you find the Website and any services and/or features provided informative and useful. As a condition to and in consideration of access to and use of the Website and the services and features provided. you, also referred to throughout these Terms of Service as “you”, “your” and “user”, agrees to be bound by these Terms of Service, hereafter referred to as “TOS” along with the Phoenix Program Privacy Policy, which is fully incorporated into these TOS, which you the user hereby agrees to abide by as a condition of use. These TOS constitute a legally binding agreement hereby entered into by and between you and Phoenix Program. Any use of or access to the Website and/or any services provided, shall constitute acceptance of and agreement to be bound by the TOS. IF YOU DO NOT WISH TO BE BOUND BY THE TOS, DO NOT ACCESS THIS WEBSITE.

 

MODIFICATION: Phoenix Program reserves the right to modify, alter and/or discontinue, whether temporarily or permanently, any service, or any part thereof, with or without prior notice, at any time in its sole discretion. In addition, Phoenix Program shall not be held liable to any user or any third party for any such alternation, modification, suspension and/or discontinuance of services, or any part thereof. Continued use of the Website and/or services provided, after such posting of any modification of these TOS shall constitute acceptance of such modification. Therefore, frequent review of these TOS should be made by you to ensure awareness of all terms and policies currently in effect. Should you not agree to the changes and/or modifications, you must stop using Phoenix Program Website and any services provided.

 PRIVACY POLICY: Phoenix Program respects your privacy. By using the Website and/or the services and features provided herein, you the user, understand and consents to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information, which is described in the Phoenix Program Privacy Policy in more detail.

MINORS: Persons under 18 years of age (or the applicable age of majority, if greater than 18 years of age) are not permitted to use the Website. Phoenix Program does not knowingly solicit or collect information from persons under 18 years of age. Therefore, by using the Website you affirm that you are 18 years of age or older and is fully able and competent to enter into these TOS.

USE OF THE WEBSITE: Phoenix Program authorizes you to view or download the files, documents, text, photographs, images, audio, video, and any other materials accessed through or made available for use or download through the Website (collectively, “Content”) solely for your personal, noncommercial use. You may not copy, distribute, modify, create derivative works of, reproduce, publish, or use, in whole or in part, any Content for any commercial or other purposes except as explicitly authorized by these TOS. You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider, or robot, to access, extract or download any content from the Website, unless expressly authorized to do so by Phoenix Program.

USER CONDUCT: You agree to access and use the Website and/or services only for lawful purposes. User is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Website and services, (ii) the use of any networks or other services connected to the Website, and (iii) any means by which you connect to the Website and services. You acknowledge that you are solely responsible for the substance of everything submitted and/or posted by you to the Website. You agrees not to:

(a) restrict or inhibit any other user from using and enjoying the Website and/or its services;

(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;

(c) post or transmit any information, or other material which violates or infringes in the rights of others, including material which is an invasion of private or publicity rights, or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or holder of such rights;

(d) post or transmit any information, or other material which contains a virus or other harmful components;

(e) claim a relationship with or to speak on behalf of any business, association, institution or

other organization for which you are not authorized to do so;

(f) copy and/or collect any content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent:

(g) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the application programming interface, any website code, or any software used to provide the Website and/or its services;

(h) use the Website and/or its services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

RIGHT TO REGULATE: Phoenix Program retains the right to regulate access to and use the Website and/or its services in its sole discretion. You agree not to bypass any such regulation. You further agree that Phoenix Program is not liable for regulating or not regulating, and no action or inaction by Phoenix Program shall constitute a waiver of any right to regulate.

PROPRIETARY RIGHTS: You herein acknowledge, understand and agree that all of Phoenix Program trademarks, copyright, trade name, service marks and other Phoenix Program logos, trademarks, logos, service marks (collective “Marks”) and any brand features and names are the sole property of and shall remain, the property of Phoenix Program. You herein agree not to display and/or use in any manner Phoenix Program logo or Marks.

DISCLAIMOR & LIABILITY: To the full extent permitted by law, Phoenix Program, and its officers, directors, employees, agents, licensors,  and successors in interest (collectively “Phoenix Program”) (1) make no promises, warranties, or representations as to the Website and/or its services, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide the Website and/or its services on an “AS IS” and “AS AVAILABLE” basis and any risk of using the Website and/or its services is assumed by User; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice.

CHOICE OF LAW & FORUM: These TOS shall be governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these TOS shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and further agrees to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. You agree and waive all respective rights to trial by jury. It is acknowledged and agreed that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website and/or its services, must be filed within two (2) years of the date in which it arose or the time in which it could have been reasonably discovered or shall be forever barred.

CONTACT US:

Phoenix Program 

956 3 Mile Rd NW, Grand Rapids, MI 49544

Telephone: 8554246812

Email: support@myphoenixprogram.com