The Phoensight.com website (“Website”) provides information on Phoensight and its services. Any use of the Website is subject to the following Phoensight Terms and Conditions of Use (“Terms and Conditions”), as well as to Phoensights’s Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. When you access any part of the Website, you agree that you have read, understood, and agree to be bound by these Terms and Conditions concerning your use of the Website.

  1. General. Phoensight may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time and without notice to you. Under no circumstances will Phoensight be liable for any such change, modification, suspension, improvement or discontinuance.  If you do not agree with any of these changes, you may terminate your account as set forth in Section 14.
  2. Registration. By registering with Phoensight, you represent and warrant that the information you provide to Phoensight in connection with any registration process is true and accurate, and that you will promptly notify Phoensight if any of that information changes. Phoensight may use the information that you provide during the registration process, in particular your email address:  (a) to communicate with you about the Website and Phoensight Services, including without limitation, any changes to Phoensight’s Privacy Policy or other policies; (b) respond to your emails to us regarding Phoensight services; and (c) for all other purposes stated in Phoensight’s Privacy Policy. Phoensight reserves the right to terminate your access to and use of all of the Phoensight websites if you provide false or inaccurate information.
    If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify Phoensight of any unauthorized uses of your account or any other breaches of security. Phoensight will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  3. Responsibility of Website Visitors. Phoensight has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Phoensight does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Phoensight disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Phoensight does not have any control over those non- Phoensight websites and webpages, and is not responsible for their contents or their use. By linking to a non- Phoensight website or webpage, Phoensight does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Phoensight disclaims any responsibility for any harm resulting from your use of non- Phoensight websites and webpages.
  5. Copyright Infringement and DMCA Policy. As Phoensight asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Phoensight. Phoensight will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Phoensight or others, Phoensight may, in its discretion, terminate or deny access to and use of the Website or Service. In the case of such termination, Phoensight will have no obligation to provide a refund of any amounts previously paid to Phoensight.
  6. Trademarks. Phoensight, the Phoensight.com logo and all other trademarks, service marks, graphics and logos used in connection with Phoensight.com, or the Website are trademarks or registered trademarks of Phoensight or Phoensight’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Phoensight or third-party trademarks.
  7. Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of Phoensight and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
  8. Communications with Phoensight. All notices and other communications to Phoensight required under this Agreement should be directed to the Phoensight contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing.
  9. Limitation of warranties of Phoensight, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and Phoensight, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Phoensight makes no representations and warranties regarding uptime for the Website. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Phoensight, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
  10. Limitation of liability of Phoensight, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Phoensight, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Phoensight, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Phoensight, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Phoensight during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 11 represents a reasonable allocation of risk.
  11. General Representation and Warranty. You represent and warrant that your use of the Website and Service will be in accordance with the Phoensight Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
  12. Indemnification. You agree to defend, indemnify and hold harmless Phoensight, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
  13. Termination. Phoensight may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website in its sole discretion, for any reason or no reason at all, with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use this Website. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to Phoensight.
  14. Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
  15. Security. In using the Website you agree not to:
    • attempt to misuse the Website. This includes, but is not limited to, denial of service, harmful or malicious destruction of data, and password cracking;
    • attempt to circumvent security. This includes, but is not limited to, scanning the Website with intent to breach security;
    • attempt to access or tamper with others’ access or accounts to the Website.
  16. Miscellaneous. These Terms and Conditions constitute the entire agreement between Phoensight and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Phoensight, or by the posting by Phoensight of a revised version. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Phoensight may assign its rights under these Terms and Conditions without condition.  These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.