Terms of Use
Last Updated April 2014
Introduction
Welcome to www.phillipsonline.com. The www.phillipsonline.com (the “Site”) is comprised of various web pages operated by Phillips and Associates (“P & A”). By using our website, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site. From time to time, we may update these terms; when we have updated these terms, the last updated date will change. If you continue to access this site after it has been updated, you accept the changes.
This Agreement constitutes the entire and only Agreement between P & A and each user of this website regarding the subject matter of this agreement. If any part of this agreement is invalid, that does not mean that the entire agreement is invalid.
www.phillipsonline.com is an ecommerce site, selling services and information designed for non-profit institutions and organizations.
Privacy
Your use of www.phillipsonline.com is subject to P & A’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities to occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that P & A is not responsible for third party access to your account that results from theft or misappropriation of your account. P & A and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Purchases
If you purchase services or products from this site, you must provide a valid credit or debit card. We reserve the right to cancel any order for any reason at our discretion. If your order is cancelled, we will issue a credit to your account in the amount of the charge.
Cancellation/Refund Policy
You can cancel your membership with Phillips Online for any reason provided you have not downloaded any content and you will receive a full refund. Please contact us at info@phillipsol.com with any questions.
Trademarks
You may not copy or use any of our trademarks, trade names and/or logos that are on this website without expressed written permission from P & A or other third party owners.
Third Party Websites
You leave our website by clicking onto a link from a third party website. This link is provided as a convenience and P & A is not responsible for that third party website content. You use these links at your own risk. P & A is not responsible for loss or damage incurred by you as the result of these third parties.
Disclaimer, Limitation of liabilities
As a reminder, you agree that you are using this website at your own risk. P & A does not warrant that this website will be error free; we cannot guarantee that if you download materials from our site that they will be error free and will not damage your computer. The maximum amount of liability for any reason will be for the amount that you paid for a product. You agree that P & A is to be held harmless against any and all claims resulting from use of our website. These provisions are for the benefit of P & A and we have the right to enforce these provisions directly against you on our behalf.
P & A and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. P & A and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implies 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 P & A 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 site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if P & A or any of its supplies has been advised of the possibility of damage. 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 sits, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the site.
Site Usage
You agree to use our website in the manner in which it is intended. You will abide by all laws, including laws regarding privacy, stalking, patent and trademarks. You agree that you will not use the site to disrupt or in any way harm this website. If you post any content, you further agree that it will not infringe on any other person’s rights, including but not limited to privacy. Your content will not be any form of harassment, indecency, obscenity, or abuse of any kind. You promise not to upload viruses, junk mail, spam, or programs designed to injure the functionality of any other website, computer, server, etc.
You may not copy any content from this website without written permission from P & A.
This website complies with the laws of the United States; if you live outside of the United States, you use this site at your own risk and you must be aware of your local laws regarding usage of this website.
Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and in accordance with the laws of the State of California in the United States.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law in in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The Parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any punitive class, collective, and/or representative proceeding such as I the form of a private attorney general action against the other. Any and all claims against this website must be filed within one (1) year of after the claim arose, or it will forever be barred.
Change to Terms
P & A reserves the right, in its sole discretion, to change the Terms under which www.phillipsonline.com is offered. The most current version of the Terms will supersede all previous versions. P & A encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
P & A welcomes your questions or comments regarding the Terms:
Phillips & Associates
P.O. Box 241040
Los Angeles, California 90024
Email: info@phillipsol.com
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