General Terms & Conditions

USER AGREEMENT:

Welcome to PhoenixMedia.com website.

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 PhoenixMedia.com "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, PhoenixMedia.com'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.

PRODUCT TERMS

:: TURNAROUND
Phoenix Media strives to print your order within time noted on each product after it is placed. Please note that circumstances beyond our control sometimes cause delays. Completion dates are, therefore, an estimate and not a guarantee. The turnaround times are based on our normal business hours (Monday through Friday) so weekends and holidays are not included. Phoenix Media’s cut-off time for new orders is 1:00 pm PST. If an order is received after 1:00 pm, the first day of the turnaround time would start on the following day. Note that some products have extended turn-around times (5-7 days) as noted in the product description area.

:: PRICING:
Prices on this website are subject to change without notice. Quotes are good for twenty (20) days from their original date of creation. All quotes not accepted within thirty (30) days automatically expire without any additional action by Phoenix Media, Inc.

:: CANCELLATION:
Customer may cancel an order before 4 pm of the same day the order was placed. No refunds will be given if that deadline has passed.

:: SUBMITTED FILES:
Customer is responsible for maintaining a copy of the original computer files, artwork and transparencies submitted (“Files”). Phoenix Media, Inc. is not responsible for loss of any kind or damage to media supplied by the client or for errors on supplied artwork furnished by the Customer. Until Phoenix Media, Inc. can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Files submitted are evaluated to determine if the Customer’s job can be completed as requested. Phoenix Media, Inc. will contact Customer regarding its ability to complete the job if problems arise or if further translating, editing, or programming is needed to use the Files. Additional work will be charged at the current rates. Phoenix Media, Inc. is not responsible for losses or damage to Files. Phoenix Media, Inc. will archive a Customer’s File for up to one (1) year.

:: PRODUCT PROOFS:
By default, we do *not* provide proofs of your product. If you would like to receive a hard (or digital) proof of your product, you are required to input this request into the NOTES SECTION of the file upload order form. We are not liable for typography, color, or cutting issues that are due to client’s negligence.

:: DELIVERY:
No quote includes delivery charges for Customer’s materials and supplies or the Customer's supplier to Phoenix Media. Phoenix Media is not responsible for shipping delays and/or damage. Customer obtains title to the work upon delivery to the carrier at Phoenix Media, Inc.’s office and upon payment in full.

:: CLAIMS:
Customer claims for defects, damages or shortages must be made within forty-eight (48) hours after delivery. If no such claim is made, Phoenix Media and the Customer agree that the job has been accepted by Customer. Customer acknowledges through acceptance that Phoenix Media performance has fully satisfied all terms, conditions and specifications.

:: SUBCONTRACT:
Phoenix Media may assign any portion of the work required to another contractor without Customer’s permission.

:: QUALITY OF PRODUCT:
Phoenix Media strives to have all orders free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the order or issue the Customer a refund at our discretion.

:: TRADE STANDARDS: With digital printing and offset printed products, please be advised that colors in the artwork may shift up to 15% even if the artwork is correctly formatted in CMYK. About 90% of our products are printed in a gang-run so it is not possible to do an exact color match. However, we will try our best to get the closest match possible. Artwork provided in RGB may shift more than 15% since a conversion to CMYK may be necessary. In these cases, we cannot be liable for the outcome. Additionally, we allow up to a 1/16-inch for cutting tolerance. Please be advised of this tolerance when setting up the margins of your artwork.

:: SAMPLING:
Customer grants Phoenix Media the right to use Customer's Files and products for samples or advertising purposes. Although we do respect our customers privacy if you would like to keep your files and samples private, please make a note on the order form and we will fulfill your request.

:: RETURNED CHECKS:
All returned checks shall incur a minimum fee of $35. Additionally, Customer shall be liable for all of Phoenix Media, Inc.’s other damages caused directly or indirectly as a result of the returned item.

::RIGHTS OF ARTWORK:
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.

:: CHANGES TO POLICY:
Phoenix Media may modify this policy at any time, and any changes will become effective immediately upon being posted unless stated otherwise.