TERMS & CONDITIONS OF USE FOR PHIATON CORPORATION
UPDATED: JULY, 2015
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE COMMENCING YOUR VIEWING OR USE OF THIS WEB SITE.
1. Acceptance of Terms & Conditions: The following are terms and conditions of a legal agreement between you and Phiaton Corporation (“Phiaton”). By accessing, browsing, or using this Web Site, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, please do not use this Web Site. This Web Site and other Phiaton web sites that may be linked to this site or affiliated with this site (collectively “the Site”) and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively “Content”), is intended for the lawful use of Phiaton’s customers, employees and members of the general public. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these terms and conditions on behalf of yourself or any party you represent. You acknowledge you have read, and agree to be bound by these terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
2. Restrictions on Use of Content: The unauthorized copying, displaying or other use of any Content from this Site is a violation of the law. You acknowledge having been advised that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, “Rights”). In addition to Phiaton’s Rights in individual elements of the Content, Phiaton or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the Web Site terms and conditions. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Phiaton’s prior express written consent which consent may be withheld in Phiaton’s sole and absolute discretion.
3. Trademarks & Service Marks: The trademarks and service marks displayed on this Site are registered and unregistered trademarks of Phiaton and may not be copied, imitated or used, in whole or in part, without the prior written permission of Phiaton or, if applicable, its licensor. In addition, Phiaton custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Phiaton. Phiaton trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Phiaton. “Phiaton” and all other Phiaton marks and logos, and the Phiaton products and services described in this Site, are either trademarks, service marks, or registered trademarks of Phiaton, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Phiaton. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Phiaton. You may not use any metatags or any other “hidden text” utilizing a Phiaton name, trademark, or product name without Phiaton’s express written consent.
4. Submission of Information: By using the Site, you agree not to do any of the following:
(a) Upload to, distribute or otherwise publish through this Site any message, information, text or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (b) Upload or transmit any information that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market; (c) Upload or transmit any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) Upload to, distribute or otherwise publish through this Site any information such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or (e) Disseminate any harmful information of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
5. Phiaton’s Privacy Statement: Phiaton’s collection and use of personally identifiable information about you is subject to our Privacy Statement. For more information, see our full privacy statement for this Site by selecting the Privacy Statement link on our Site.
6. Linking to this Site: All links to this Web Site must be approved in writing by Phiaton, except that Phiaton consents to links in which the link and the pages that are activated by the link do not:
(a) create frames around any page on this Web Site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Phiaton; (c) imply that Phiaton approves or endorses you, your Web Site, or your service or product offerings; and (d) present false or misleading impressions about Phiaton or otherwise damage the goodwill associated with the Phiaton name or trademarks. As a further condition to being permitted to link to this Site, you agree that Phiaton may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any Phiaton trademark.
7. Third-Party Web Sites: Phiaton makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party web sites or services accessible by hyperlink from this Site, or third-party web sites linking to this Site. Such linked web sites are not under the control of Phiaton and Phiaton is not responsible for the content of any such linked web site or any link contained in a linked web site, or any review, changes or updates to such web sites. Phiaton is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Phiaton of the web site or any information contained therein. When leaving the Phiaton Site, you should be aware that Phiaton’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that third-party web site.
8. Authorized Access/Passwords: If you use any part of this Site that requires a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password are compromised in any manner, you should notify Phiaton immediately. Phiaton reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Phiaton may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Phiaton be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Phiaton under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.
9. Confidential Information: Phiaton does not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to Phiaton will be deemed NOT to be confidential. By sending Phiaton any information or material, you grant Phiaton an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Phiaton is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to Phiaton for the purpose of receiving products or services will be handled in accordance with our privacy policies.
10. Disclaimer of Warranty: PHIATON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PHIATON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHIATON SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED ON OR THROUGH THIS SITE OR ON THE INTERNET GENERALLY. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. PHIATON HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
11. Limitation of Liability: PHIATON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF PHIATON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, PHIATON’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
12. Indemnification: You agree to indemnify, defend, and hold harmless Phiaton, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to this Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the terms and conditions set forth herein by you, or your violation of any rights of a third party.
13. Revisions: Phiaton reserves the right to modify any of the terms or conditions set forth in this Site, without notice to you, in our sole discretion from time to time and only Phiaton has the right to do so. If any of the terms or conditions are changed, we will post the new terms on the Site. Any changes or modification will be effective upon posting of the terms as revised, and your use of the Site following the posting will constitute your acceptance of the new terms and conditions.
14. Changes, Misprints & Errors: Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that Content in this Site (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this Site is inaccurate or when we recognize abuse of our policies. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two (2) years from your date of purchase you may contact Phiaton customer service for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
15. Termination: Notwithstanding any of these terms and conditions, Phiaton reserves the right, without notice and in its sole discretion, to terminate your access to this Site, and to block or prevent future access to and use of this Site if you violate any of the terms or conditions set forth herein. The terms and conditions set forth herein shall survive any termination of this agreement with you.
16. Other Terms & Conditions:
a. Choice of Law & Venue: These terms and conditions shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within California, without resort to its conflict of law provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these terms and conditions, and/or arising out of your use of this Site, shall be filed and adjudicated only in the federal or state courts located in the County of Orange, State of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
b. Legal Equivalency: This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
c. Severability: If any provision of this Site is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
d. No Waiver: No waiver, express or implied, by Phiaton of any breach of or default of any of the terms set forth herein will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.