Phoenix TS Terms of Use

Last Revised April 25, 2013

AGREEMENT BETWEEN USER AND PHOENIX TS
The Phoenix Technology Solutions, LLC (“Phoenix TS”) Web site is comprised of various web pages operated by Phoenix TS (“Sites”). Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your accessing or use of the Sites constitutes your agreement to all such terms, conditions, and notices.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Phoenix TS for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify you and Phoenix TS for violations of these Terms of Use. This agreement contains disclaimers and other provisions that limit Phoenix TS liability to you.

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will govern. However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

TERMS OF USE MODIFICATION
Phoenix TS reserves the right to change the terms, conditions, and notices under which Sites are offered, including but not limited to the changes associated with the use of the Sites. While we make reasonable efforts to provide accurate and timely information about Phoenix TS on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Phoenix TS.

PRIVACY
Please read the Phoenix TS Privacy Statement carefully to understand how Phoenix TS collects, uses and discloses personally identifiable information from its users.

LINKS TO THIRD PARTY SITES
The Sites may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Phoenix TS and Phoenix TS is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Phoenix TS is not responsible for webcasting or any other form of transmission received from any Linked Site. Phoenix TS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Phoenix TS of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, you warrant to Phoenix TS that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, hack, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites. You may not falsely identify yourself, pretend to be someone else, or impersonate others while using the Sites, nor may you seek or obtain other persons’ information, documents, training certificates, etc. You will use the Sites ethically, lawfully, and responsibly.

USE OF COMMUNICATION SERVICES
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, other message or communication facilities designed to enable you to communicate with the public at large or with a group, and/or interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or the Sites, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses or passwords, without their consent.
• Violate any applicable laws or regulations.
By using the Sites, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:
• Unless specifically requested by Phoenix TS, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters).
• Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers.
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any content, you represent and warrant that you have the lawful right to distribute and produce such content.
• Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity.
• Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content.
• Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law.
• Viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files.
• Content that, in the sole judgment of Phoenix TS, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of Phoenix TS, other users or third parties.

Phoenix TS has no obligation to monitor the Communication Services. However, Phoenix TS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Phoenix TS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Phoenix TS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Phoenix TS’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Phoenix TS does not control or endorse the content, messages or information found in any Communication Service and, therefore, Phoenix TS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, instructors, and hosts are not authorized Phoenix TS spokespersons, and their views do not necessarily reflect those of Phoenix TS. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Phoenix TS does not control, take responsibility for or assume liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Phoenix TS liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The Communication Services areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the Communication Services areas at your own risk. If you become aware of content that you believe violates these Terms of Use (with the exception of copyright infringement which is addressed in the Digital Millennium Copyright Act Notice section), you may report it by emailing info@phoenixts.com. Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms of Use. Although Phoenix TS has no obligation to screen, edit or monitor any of the content posted on the Sites, Phoenix TS reserves the right, and has absolute discretion, to remove, screen or edit any content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any content you post or store on the Sites at your sole cost and expense.

If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized access.

MATERIALS PROVIDED TO PHOENIX TS OR POSTED ON SITES
Phoenix TS does not claim ownership of the materials you provide to Phoenix TS (including feedback and suggestions) or post, upload, input or submit to any Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Phoenix TS, its affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Phoenix TS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Phoenix TS’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Separate and apart from the Submissions you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Phoenix TS, our Sites and our products (collectively, “Ideas”). Ideas, whether posted to the Sites or provided to Phoenix TS by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Phoenix TS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, INSTRUCTIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PHOENIX TS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PHOENIX TS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, INSTRUCTIONS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, INSTRUCTIONS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PHOENIX TS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, INSTRUCTIONS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHOENIX TS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, INSTRUCTIONS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHOENIX TS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

LINKS
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray Phoenix TS in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Phoenix TS’ logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Phoenix TS trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Phoenix TS or any third party.

Phoenix TS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites. Such sites are not under the control of Phoenix TS and Phoenix TS is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Phoenix TS and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Phoenix TS of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Phoenix TS, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any Submissions or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.

TERMINATION/ACCESS RESTRICTION
Phoenix TS reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Phoenix TS as a result of this agreement or use of the Sites. Phoenix TS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Phoenix TS’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Phoenix TS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Phoenix TS with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Phoenix TS with respect to the Sites. A printed version of this Terms of Use agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND LIMITED LICENSE
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein (if any) are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Phoenix TS logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Phoenix TS or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of Phoenix TS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

TRADEMARK INFORMATION
Phoenix TS and the Phoenix TS logo are trademarks of Phoenix TS. All other Phoenix TS trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Phoenix TS or its affiliates or licensors. In countries where any of the Phoenix TS trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, Phoenix TS claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Phoenix TS or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact Phoenix TS by sending an e-mail to info@phoenixts.com to request written permission to use trademarks, indicia of origin and materials on the Sites for purposes other than stated in these Terms of Use or for all other questions relating to the Sites. All rights not expressly granted are reserved.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Sites are: Copyright 2020 by Phoenix TS and/or its suppliers. All rights reserved.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement at info@phoenixts.com.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

In accordance with the DMCA and other applicable law, Phoenix TS has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Phoenix TS may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

JURISDICTION AND COMPLIANCE WITH LAWS
To the maximum extent permitted by law, access to and use of the Sites and these Terms of Use are governed by U. S. federal law and/or the laws of the State of Maryland, without resort to conflict of law provisions of Maryland. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms of Use shall be instituted only in a state or federal court located in Montgomery County, Maryland, U.S.A. You and Phoenix TS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

CANCELLATION POLICY
In the rare case that Phoenix TS cancels a scheduled class, Phoenix TS shall immediately contact the student for rescheduling into a future class date. Optionally, the customer may choose to receive a class voucher that can be used to register for any of our course offerings and future class dates. At customer request, a refund can be provided to the payer of the original transaction. All refunds are processed via check and can take up to 30 days to be received.

Should a student, or sponsoring organization or government entity, choose to cancel a registration or withdraw from a class, the customer shall receive a class voucher that can be used to register for any of our course offerings and future class dates. Please note that this is the only option should such a situation take place within 10 business days from the class start date. Outside of 10 business days from the class start date, the customer may request a refund. The refund will be provided to the payer of the original transaction. All refunds are processed via the original payment method, whether by check or credit card, and can take up to 15 days to be received. If portal access was granted and the student accesses relevant class portal content, this constitutes class attendance and, even in the event that the class is more than 10 business days from the class start date, will result in the customer forfeiting a refund for the class. Should the student wish to reschedule the class to a later date, the student will be considered a “no-show” for the original class date with eligibility to audit a later class date. Audit students are subject to seat availability of future classes.

Training and exam vouchers, flex plans, and flex packs are not refundable, but are transferable.
In the rare case that Phoenix TS discontinues a product offering, Phoenix TS shall provide the customer a credit voucher that can be applied towards any other Phoenix TS product or offering. At customer request, a refund can be provided to the payer of the original transaction. All refunds are processed via the original payment method, whether by check or credit card, and can take up to 15 days to be received.

Once the date of a registered class has arrived or the customer has begun to take advantage of the service or product (whether in whole or in part) sold by Phoenix TS, the above options are no longer relevant as the service or product purchased is deemed to have been delivered. The only exception to this policy is when disruption, cancellation, or discontinuance of access to the purchased service or product results from a natural act, government orders, or a condition invoked by Phoenix TS.

CONTACT US
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the sites.

You may contact us at: info@phoenixts.com