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.
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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org.
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
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.
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: email@example.com