Terms of Use

Updated March 1, 2017

Welcome to phoenixisrising.org (the “Site”), a website operated by Phoenix is Rising, Inc (“PIR”, “we”, “us”, or “our”). If you are reading this agreement, you are probably familiar with our website, buttons, menus or tools (collectively, the “PIR service”).

The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us whether you are a visitor (a “Visitor”) to this Site. Unless otherwise indicated, “you” means Visitors.

Please read these terms of use carefully. By accessing the site you agree to be bound by these terms of use. If you do not wish to be bound by these terms of use, you may not access of this site.

Changes

As the PIR Service and PIR offerings evolve, we may need to modify these Terms from time to time. You agree that we may modify these Terms at any time. Therefore, you should review these Terms regularly to learn about any changes. Your ongoing use of phoenixisrising.org after we post changes to this Agreement means that you accept the new Terms.

Your Responsibility

You have the following responsibilities when you use this website. You must comply with all applicable laws and these Terms. You may not violate the rights of others.

General Rules of Conduct

It is our goal to make the use of our Site and Services a good experience for all of our Users. With this in mind, we have formulated these rules of conduct.

You agree not to, nor allow anyone accessing the Site to

­ Conduct or promote any illegal activities while using the Site;
­ Upload, distribute, post, transmit or otherwise make available, including through the website, any Content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
­ Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
­ Load or transmit any form of virus, worm, Trojan horse, or other malicious code;
­ Promote or advertise any item, good or service that (i) violates any applicable federal, state, or local law or regulation, or (ii) PIR determines, in its sole discretion, is inappropriate to be promoted through the Site;
­ Use the Site to generate unsolicited email advertisements or spam;
­ Use any automatic, electronic or manual process to access, search or harvest information from the Site, or to interfere in any way with the proper functioning of the Site.

­ Use the Site to stalk, harass or harm another individual;
­ Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or Services, or any content contained on any such web page for commercial use without our prior express written permission;
­ Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
­ Mirror or frame the Site or any portion of the Site, place pop­up windows over its pages, or otherwise affect the display of its pages.

Data Rights and Privacy Policy

We know that your privacy and the security of your information are important. For this reason, we have created a Privacy Policy that describes our collection, use and disclosure of information.
Our Privacy Policy is located here.

By using the website, you agree to this policy.

Modifications to the Site and Services

We reserve the right to modify or discontinue the Site with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site. If you object to any such changes, your sole recourse will be to cease access to the Site. Continued access to the Site following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.

Disclaimer of warranties

WE PROVIDE phoenixisrising.org “AS­IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF PHOENIXISRISING.ORG. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON­INFRINGEMENT.

Liability Limitation

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF PHOENIXISRISING.ORG IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE OR PIR, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless us, our owners, employees,

representatives and agents from all liabilities, claims, and expenses ­­ including attorney’s fees ­­ that arise from your use or misuse of PHOENIXISRISING.ORG.

General Terms

These terms make up the entire agreement between you and us regarding your use of phoenixisrising.org. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. You agree that the laws of the State of Florida govern these terms and any claim or dispute that you may have against us. You further agree that any disputes or claims that You may have against Us will be resolved by a court located in Palm Beach County, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court finds that any provision or portion of these terms is unenforceable, the remainder of these terms will continue in full force and effect