Last updated November 29, 2024
These terms of use (“Terms”) govern your use of each Website operated, maintained or otherwise made available by Phoenix IT Solutions Inc (collectively, the “Website”) for or on behalf of itself and its affiliates (collectively, “Phoenix IT Solutions Inc,” “we” or “us”).
ACCEPTANCE OF TERMS
Please read this agreement carefully. By accessing or using the Website, you represent that you are at least 18 years of age and you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement or you are under 18 years of age, you may not access or use the Website. If you are accessing or using the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case “You” or “Your” will refer to such entity. Phoenix IT Solutions Inc’s Privacy Policy at https://phxitsolutions.com/privacy-policy (“Privacy Notice”) is incorporated by reference into this Agreement.
Phoenix IT Solutions Inc reserves the right to change or modify any of the terms and conditions of these Terms or any of its other policies relating to the Website at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Website, and you waive any right to receive specific notice of such changes or modifications. Continued use of the Website following the posting of changes or modifications constitutes and confirms your acceptance of such changes or modifications. We may, at any time and without notice, modify or discontinue all or part of the Website or refuse to provide access to some or all of the Website in our sole discretion.
DISCLAIMER
The materials on the Website are provided for informational purposes only. They do not constitute legal advice, nor do they necessarily reflect the opinions of Phoenix IT Solutions Inc or any of its attorneys, employees or clients. While we endeavor to include only accurate and current information on the Website, we make no representations or warranties that such information is correct, complete or up-to-date.
USER GUIDELINES AND RULES OF CONDUCT
While using the Website, you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section, and you are responsible for your User Content.
You agree that you will not:
Communicating with us through the Website form or otherwise (including by email) in connection with a matter, does not alone create privileged or confidential communication.
While Phoenix IT Solutions Inc does not intend this Website to be advertising, it may be considered advertising in your jurisdiction.
ACCOUNT REGISTRATION AND CREATION
You may need to apply for and be granted a user account with a unique username and password to access or use certain features mentioned in your managed services agreement. By creating an account, you must provide accurate, current and complete information as may be requested by us, you must maintain and promptly update such information so that it remains accurate, current and complete, and you consent and agree that we may verify any such information you provide. Phoenix IT Solutions Inc reserves the right to deny or revoke a user account or limit access to features within the Website in its sole discretion.
By registering for an account, you consent to receive communications from Phoenix IT Solutions Inc, and Phoenix IT Solutions Inc may communicate with you by email, by posting notices on the Website, or by using any other contact information you may provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
SMS and MMS Policy
Our website form may require you to provide information about you, your phone number, and your email address. It is not a requirement but optionally, you may Opt-In to receive communication via SMS and MMS Text Communications, by clicking the check box before submitting your inquiry. If you agree ot the SMS Policy and choose to Opt-In, you may Opt-Out at any time by texting STOP and you will no longer receive text message communications.
USER-SUBMITTED CONTENT
Certain features of the Website may permit you to submit documents, materials, information, feedback, data, questions, comments, suggestions, reviews, photographs, video and other user-submitted content (collectively, “User Submissions”). You may not use false contact information or impersonate any person or entity, or otherwise mislead as to the origin, authorship, source, sponsorship, endorsement or affiliation of any User Submissions you submit. We reserve the right (but do not assume the obligation) to remove or edit User Submissions for any reason in our sole discretion, but we do not regularly review posted content.
You are solely responsible for the User Submissions submitted using your user account. If you choose to make any of your personally-identifiable information or other information available through or in connection with your use of the Website, you do so at your own risk.
By submitting User Submissions, you represent and warrant that: such User Submission is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise violate the rights of others; you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; your User Submissions does not violate these Terms and will not cause injury to any person or entity; and you have the written consent, release, and permission to use each name and likeness of each identifiable individual person in your User Submissions to enable and allow their inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms.
By submitting a User Submission, you hereby grant Phoenix IT Solutions Inc, non-exclusive, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, distribute, publish, prepare derivative works of, display, perform and otherwise exploit the User Submissions in furtherance of its business, including in connection with the Website. You hereby acknowledge that you have received good and valuable consideration in exchange for the license granted hereunder and that you are not entitled to any further compensation for any use or other exploitation of any User Submission.
Phoenix IT Solutions Inc will not sell your information to a third party for marketing purposes.
OWNERSHIP, CONTENT, AND THIRD-PARTY WEBSITES
The Website and all elements that comprise the Website, including all text, audio, video, graphics, HTML, multimedia, scripts, applets and all other content are owned by Phoenix IT Solutions Inc, including the intellectual property rights therein or licensed to us, with the exception of elements provided by partners, content providers, advertisers, and user contributors, as noted, that may also be protected by copyright or trademark or other rights. Phoenix IT Solutions Inc’ trademarks and trade dress may not be used without our express written consent and may not be used in a manner that is likely to cause confusion, or in any manner that disparages or discredits Phoenix IT Solutions Inc.
The Website may contain links to other Websites operated by third parties. We make no representations or warranties regarding any Websites, information or content that may be accessible through the Website that is not maintained, controlled or created by Phoenix IT Solutions Inc. We do not endorse these Websites and are not responsible for such Websites, information and content.
NO WARRANTIES AND LIMITATION OF LIABILITY
The Website is provided on an “as is” and “as available” basis only, and we make no representations or warranties of any kind, express or implied, as to the operation of the Website or its content, including User Submissions. Without limiting the foregoing, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the Website, its servers, email or other communications sent from or on our behalf are free of viruses or other harmful components. While we use reasonable efforts to include accurate, complete and up-to-date information on the Website, we make no representations or warranties as to its accuracy and assume no liability or responsibility for any errors or omissions in the Website, and we reserve the right to change, correct or update the Website at any time in our sole discretion without notice. While we endeavor to make access and use of the Website safe and secure, we cannot and do not represent or warrant that the Website is or will be free of viruses or other harmful components or that we can guarantee absolute security for information within in the Website. You are advised to use commercially-recognized software to detect and disinfect viruses and other harmful components from any download, and you agree that we shall not be responsible for unauthorized access to or use of such information by hackers or others who have obtained access through illegal, unauthorized or unintended means.
Phoenix IT Solutions Inc shall not be liable under any circumstances or under any legal theory for any direct, indirect, incidental, consequential, special or punitive damages or for lost revenues or profits, business failure or loss arising out of your use of or reliance in any way upon the Website, regardless of whether or not we have been advised of the possibility of such damages or losses and regardless of the theory of liability arising out of, in connection with, related to, or resulting from your use of or inability to use the Website or any products or services identified, promoted, reviewed, or otherwise mentioned or identified on the Website. In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability in such jurisdictions shall be limited to the extent permitted by law, and the terms limiting our liability shall in any case be interpreted to limit our liability to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless Phoenix IT Solutions Inc and all of its members, officers, directors, shareholders, employees, agents and other representatives from and against any and all liability, loss or cost (including attorneys’ fees) arising out of, or related in any way to, your access to or use of the Website or and any breach by you of these Terms.
TERMINATION
We reserve the right, without notice, in our sole discretion and in addition to our other rights and remedies, to terminate these Terms without notice. Upon termination of these Terms, the License granted to you shall terminate immediately and we may block or otherwise prevent further access to and use of the Website. We further reserve the right in our sole discretion to discontinue the Website or any part thereof at any time and without notice.
COPYRIGHT COMPLAINTS
Phoenix IT Solutions Inc respects copyright law and expects users of the Website to do the same. Unauthorized copying or distribution of content is an infringement of the copyright holder’s rights. Phoenix IT Solutions Inc may elect to prosecute anyone who infringes upon its copyright, or other intellectual property rights. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
Please contact us at the following address to make a claim or if you have any questions regarding a claim:
Phoenix IT Solutions Inc
ATTN: LEGAL DEPT
530 E McDowell Road #107-296
Phoenix, AZ 85004
WEBSITE POLICIES, MODIFICATION, OTHER TERMS
Please review all of our other policies available on the Website, including our Privacy Policy. These policies also govern your access to and use of the Website and constitute a part of these Terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions in the Terms.
By using the Website, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Phoenix IT Solutions Inc relating to, arising out of or concerning the Website. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. You agree that any claim or cause of action arising out of your use of the Website or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Phoenix IT Solutions Inc to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
Any dispute arising out of or in connection with these Terms or your use of the Website or your access to or links to this Website shall be resolved by arbitration. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent to the non-exclusive jurisdiction of the courts of the state and federal court located within Maricopa County, Arizona for any action to compel arbitration, to enforce the award of the arbitrators or at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and both parties agree to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers, which may or may not apply. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
TESTIMONIALS
Testimonials found on this Website are actual client reviews of Phoenix IT Solutions Inc. We appreciate our clients and their willingness to share their experiences.
© Copyright 2024, Phoenix IT Solutions Inc. All Rights Reserved. No portion of this Website may be reproduced, copied or revised without written permission.
Copyright © 2024 Phoenix IT Solutions, Inc - All Rights Reserved.
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