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USER AGREEMENT:
Welcome to Phoenix Media Inc.'s website (www.phoenixmediaprinting.com).
If you visit or stop at this site, you accept these
conditions. Please read them carefully.
This User Agreement contains terms and conditions
for the customer's use of Phoenix Media Inc.’s
"www.phoenixmedia.com" website or any
other affiliated website which brought you to this
User Agreement (hereinafter referred to as "website");
use of the website constitutes the customer's (hereinafter
referred to as "customer") acceptance of
these terms and conditions. For a fee or other consideration,
and provided that the customer fully complies with
this User Agreement, Phoenix Media Inc.’s (hereinafter
referred to as "Phoenix Media") grants to
the customer a non-exclusive, non-transferable, and
limited right of access to and display of the www.phoenixmedia.com
website. Additionally, Phoenix Media grants you a
limited license to access and make personal use of
this website and not to download (other than page
caching) or modify it, or any portion of it, except
with express written consent of Phoenix Media. This
license does not include any resale or commercial
use of this website for its contents. The license
does not include any downloading or copying of account
information for the benefit of another merchant. The
license does not include the use of data mining, robots
or similar data gathering and extraction tools. This
license does not include any collection and use of
any products, descriptions, prices or derivative use
of this website or its contents. This website or any
portion of this website may not be reproduced, duplicated,
copied, sold, resold, visited or otherwise exploited
for any commercial purpose without the express written
consent of Phoenix Media. Customer may not frame or
utilize framing techniques to enclose any trademark,
logo or other proprietary information (including images,
text, page layout or form) of Phoenix Media and Phoenix
Media’s affiliates without Phoenix Media’s
written consent. Customer may not use any meta-tags
or any other “hidden text” utilizing Phoenix
Media’s name or trademarks without the written
consent of Phoenix Media. Any unauthorized use terminates
the permission or license granted by Phoenix Media.
I. Terms Conditions and Service Fees: Project information
databases and other key features of the website are
accessible or available only through the purchase
of products or services through the website and may
not be available simply by browsing or visiting this
website.
A. If customer agrees to pay, using a valid payment
method (Visa, Mastercard, American Express or electronic
check) which Phoenix Media accepts or product charges,
service fees, other charges, and applicable taxes
incurred by the customer for purchased services. Phoenix
Media reserves the right to modify fees, other charges,
or to introduce new fees upon posting the new charges
or fees on its website, by e-mail, or conventional
mail to registered customers without any advance notice.
B. In addition to paid charges incurred from Phoenix
Media, customer is responsible for costs associated
with connecting to the internet and website which
are not included as part of the service. These fees
may include, but are not limited to, telephone access
lines (including long-distance charges, when applicable)
and Internet Service Provider (ISP) fees.
C. Customer represents to Phoenix Media that information
provided is accurate, current, and complete; this
information includes, without limitation, the company
name, contact name, address, telephone number(s),
fax number, e-mail address, and applicable payment
data (i.e. credit card number and expiration date).
Failure to comply with this provision, or falsification
of any data may result in refusal, suspension or termination
of purchasing rights and any other available remedies
being undertaken by Phoenix Media.
D. The customer agrees to update registration data
promptly in the event of any known or suspected unauthorized
use of the information, or of any known or suspected
breach of security, including loss, theft, or unauthorized
disclosure of the customer's credit card information
or password. In the event of this breach of security,
the customer remains liable for costs until registration
data is modified or restored.
E. The customer acknowledges and warrants to Phoenix
Media that the customer is at least eighteen (18)
years of age and has the legal right and ability to
enter into this User Agreement and to use the website
in accord with its terms and conditions. Further,
the customer agrees not to assign, transfer or sublicense
rights as a customer to the website services, and
agrees to be financially responsible for all usage
or activity associated with the customer's account.
F. As part of the registration process, the customer
will select a password. This password is for the customer's
individual use only, the individual customer is solely
responsible for maintaining the confidentiality of
any password used to access the Phoenix Media website
services, is responsible for any related costs restricting
access to your computer, and agrees that Phoenix Media
will have no obligations with regard thereto. Customer
is responsible for all activities that occur under
customer’s account or password.
II. Assignment of Agency for Lien Services:
Included as a feature are the Phoenix Media Services
(“services”) which is an option utilized
at the sole discretion of the customer. Agreement
to the conditions of this feature does not obligate
the customer to use the services and applies only
when the option is selected by the customer for an
individual project. In the event that the customer
selects the option to make use of the services for
a specific project, the customer hereby grants Phoenix
Media limited authority to act in the customer's behalf
as an agent of the customer in the preparation, signing,
and service of the pre-lien notices, 30 day intent
to lien notices, mechanic liens, claims for liens,
or related lien claims and to complete the requested
declarations of service for and on behalf of the customer
applicable to that project.
By acceptance of this User's Agreement, customer expressly
acknowledges and agrees to the following terms and
conditions:
A. Phoenix Media is in the business of assisting person(s)
who have or will provide labor, professional services
and/or furnish materials, machinery, fixtures, and/or
tools in the construction, alteration, and/or repair
of buildings or other structures and improvements
in filing Preliminary Notices, Liens, Bond Claims;
and
B. On behalf of the customer Phoenix Media shall cause
to be served to the owner or reputed owner, the original
contractor or reputed contractor, the construction
lender, if any, or reputed construction lender, if
any, and the person with whom the customer (the claimant)
has contracted for the purchase of those items with
a written notice as requested by customer. A copy
of each document completed and served shall be provided
to the customer concurrently with the service of requested
documents.
C. The fee for services is listed in the information
provided in the Fees area of the website. When the
services are selected by the customer, the order process
requires that the customer provide credit card or
other acceptable billing information. Customer acknowledges
that Phoenix Media will charge the customer's credit
card account, or other established billing account,
a fee for each individual services selected by the
customer. In the event that Phoenix Media is unable
to charge the customer's credit card account, or other
established billing accounts are delinquent, Phoenix
Media reserves the right to suspend the customers
request until such time that the credit card allows
the charge, other billing account discrepancies are
resolved, or alternative billing or fee arrangements
are made by the customer. If Phoenix Media receives
a dispute notice or chargeback after providing services
to the customer, Phoenix Media may charge the customer,
and customer agrees to pay, a fee of $750 to cover
Phoenix Media’s cost in obtaining payment for
services rendered to, or products purchased by, customer.
III. Indemnification:
The customer hereby agrees to indemnify, defend, and
hold harmless Phoenix Media from and against any and
all liability and costs incurred in connection with
customer's use of this website. The customer shall
cooperate as fully as reasonably required in the defense
of any claim. Phoenix Media reserves the right, at
its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by the customer and the customer shall not in any
event settle any matter without the written consent
of Phoenix Media.
IV. Copyright and Trademarks:
The website design and structure, including without
limitation logos, images, software, text, database
function, and services are the exclusive property
of Phoenix Media which retains all rights, title,
and interest in said content. Customer may not download,
display, reproduce, create works from, transmit, sell,
distribute, or in any way exploit the website or any
portion thereof without prior written consent from
Phoenix Media. The customer agrees not to interrupt,
or attempt to interrupt, the operation of the website
in any way. All content on this website is protected
by United States and international copyright laws.
V. Disclaimer of Warranty:
EXCEPT AND UNLESS EXPRESSLY SET FORTH HEREIN, THE
WEBSITE (INCLUDING ALL FUNCTION, CONTENT, SOFTWARE,
SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE
OR ACCESSED) ARE PROVIDED “AS AVAILABLE”,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, OR
NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, PHOENIX MEDIA MAKES NO WARRANTIES AND SHALL
NOT BE LIABLE FOR THE USE OF THE WEBSITE UNDER ANY
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE
BY PHOENIX MEDIA. PHOENIX MEDIA DOES NOT WARRANT THAT
THE FUNCTIONS AT THE SITE, THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT
THE WEBSITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA
FOR PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING
E-MAIL OR OTHER COMMUNICATIONS OR THE SERVER(S) ON
WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. PHOENIX MEDIA DOES NOT WARRANT
THAT THE WEBSITE IS COMPATIBLE WITH INTERNET BROWSERS
OTHER THAN MICROSOFT'S INTERNET EXPLORER©. CUSTOMER
EXPRESSLY AGREES THAT CUSTOMER'S USE OF THIS SITE
IS AT CUSTOMER'S SOLE RISK.
VI. Limitation of Liability:
THE CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK
OF LOSS RESULTING FROM USE OF DATABASE FILES, INFORMATION,
COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING
WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED
BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL
PHOENIX MEDIA, OR ANY PROVIDER OF TELECOMMUNICATIONS
OR NETWORK SERVICES FOR PHOENIX MEDIA, BE LIABLE FOR
ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO
THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR
SERVICES, EVEN IF PHOENIX MEDIA OR THEIR PROVIDERS
OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL
LIABILITY OF PHOENIX MEDIA IS LIMITED TO THE AMOUNT,
IF ANY, ACTUALLY PAID BY THE CUSTOMER. THE CUSTOMER
HEREBY RELEASES PHOENIX MEDIA FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND/OR CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO A PARTICULAR CUSTOMER AND CERTAIN
CUSTOMERS MAY HAVE ADDITIONAL RIGHTS. CUSTOMER EXPRESSLY
ACKNOWLEDGES AND AGREES THAT PHOENIX MEDIA IS NOT
ENGAGED IN LEGAL SERVICES.
VII. Modifications:
A. Phoenix Media has the right to modify the User
Agreement and any policies affecting the website.
Any modification is effective immediately upon posting
to the website, or via e-mail, or via conventional
mail. Continued use of the website following notice
of any modification to the User Agreement shall be
conclusively deemed an acceptance of all such modification(s).
The customer's only right with respect to any dissatisfaction
with any modifications made pursuant to this provision,
or any policies or practices of Phoenix Media in providing
the website, including without limitation (1) any
change in the structure or design, or (2) any change
in the amount or type of fees associated with the
services, is to not use the website.
B. Phoenix Media has the right to modify, suspend
or discontinue the website or any portion thereof
at any time, including the availability of any area
of the website, including without limitation the services.
Phoenix Media may also impose limits on certain features
and services or restrict access to parts or all of
the Phoenix Media Site without notice or liability.
VIII. General:
This User Agreement constitutes the entire agreement
between the customer and Phoenix Media with respect
to the website and related services and supersedes
any and all prior agreements between the customer
and Phoenix Media. Failure by Phoenix Media to enforce
any provision of this User Agreement shall not be
construed as a waiver of any provision or right. Interpretation
and enforcement of this User Agreement shall be governed
by the laws of the state of Oregon, without regard
to principles of conflicts of laws. In any such action,
the prevailing party shall be entitled to recover
all legal expenses incurred in connection with the
action, including but not limited to its costs, both
taxable and non-taxable, and reasonable attorney's
fees. In the event that any portion of this User Agreement
is held unenforceable, the unenforceable portion shall
be construed in accordance with applicable law as
nearly as possible to reflect the original intentions
of the parties, and the remainder of the provisions
shall remain in full force and effect. This Agreement
has been made entirely within the state of Oregon.
IX. Disputes:
Any controversy or claim arising out of or relating
to this Agreement, including, without limitation,
the making, performance, or interpretation of this
Agreement, shall be settled by arbitration. Unless
otherwise agreed, the arbitration shall be conducted
in Portland, Oregon, in accordance with the then-current
Commercial Arbitration Rules of the American Arbitration
Association. The arbitration shall be held before
a single arbitrator (unless otherwise agreed by the
parties). The arbitrator shall be chosen from a panel
of attorneys knowledgeable in the field of business
law in accordance with the then-current Commercial
Arbitration Rules of the American Arbitration Association.
If the arbitration is commenced, the parties agree
to permit discovery proceedings of the type provided
by the Oregon Rules of Civil Procedure both in advance
of, and during recesses of, the arbitration hearings.
The parties agree that the arbitrator shall have no
jurisdiction to consider evidence with respect to
or render an award or judgment for punitive damages
(or any other amount awarded for the purpose of imposing
a penalty). The parties agree that all facts and other
information relating to any arbitration arising under
this Agreement shall be kept confidential to the fullest
extent permitted by law.
X. Privacy:
Please review our Privacy Notice, which also governs
a customer's visit to this website to understand Phoenix
Media's practices.