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Terms and Conditions of Use

 

The Phoenix Company of Chicago www.phoenixofchicago.com website terms and conditions. Last Updated: March 25, 2009

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions apply to your use of this website, and do not alter in any way the terms or conditions of any other agreement you may have with The Phoenix Company of Chicago, Inc., its subsidiaries or affiliates.

HOTLINKS

The www.phoenixofchicago website may contain links to other websites.  By clicking on the underlined terms (or “hotlinks”), you will be leaving the www.phoenixofchicago.com website and entering an Internet site outside The Phoenix Company of Chicago control.  The Phoenix Company of Chicago neither endorses nor is responsible for the content of such sites nor the product or services advertised therein.  Likewise, the owners of the targeted websites do not necessarily endorse nor are responsible for the content of www.phoenixofchicago.com

RESTRICTIONS ON USE

Material from www.phoenixofchicago.com and any other World Wide Web site owned, operated, licensed, or controlled by The Phoenix Company of Chicago Corporation or any of its related, affiliated, or subsidiary companies (together, “The Phoenix Company of Chicago”) is protected by copyright and may be protected by other restrictions.  Such material may not be copied distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of The Phoenix Company of Chicago EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices.  Modification or use of the materials for any other purpose violates The Phoenix Company of Chicago intellectual property rights.  The material in this site is provided for lawful purposes only.  If you download software from our site, the software, including all images, files, contained in or generated by the software, and accompanying data (together the “Software”) are deemed to be licensed to you by The Phoenix Company of Chicago.  Neither title nor intellectual property rights are transferred to you, but remain within The Phoenix Company of Chicago, who owns full and complete title.  You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

DISCLAIMER OF WARRANTIES

While The Phoenix Company of Chicago uses reasonable efforts to include accurate and up-to-date information in www.phoenixofchicago.com, The Phoenix Company of Chicago makes no warranties or representations as to its accuracy.  The Phoenix Company of Chicago assumes no liability or responsibility for any errors or omission in the content of the site.  The material in this site could include technical inaccuracies or typographical errors.  The Phoenix Company of Chicago may make changes or improvements at any time.  The Phoenix Company of Chicago does not warrant that use of text, images or content displayed on this website will not infringe the rights of third parties not owned by or affiliated with The Phoenix Company of Chicago.  THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW.  THE PHOENIX COMPANY OF CHICAGO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE PHOENIX COMPANY OF CHICAGO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERUPPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE PHOENIX COMPANY OF CHICAGO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, YOU (AND NOT THE PHOENIX COMPANY OF CHICAGO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

RESTRICTION OF LIABILITY

The Phoenix Company of Chicago will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.  The Phoenix Company of Chicago will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence by The Phoenix Company of Chicago or an authorized Phoenix representative has been advised of the possibility of such damages, or both.  The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.  The Phoenix Company of Chicago total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

SUBMISSIONS

Any Communication or material that you transmit to the site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as nonconfidential and nonproprietary.  Anything you transmit or post becomes the property of The Phoenix Company of Chicago or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.  All remarks, suggestions, ideas, graphics, or other information communicated to The Phoenix Company of Chicago through this site (together, the “Submission”) will forever be the property of The Phoenix Company of Chicago.  The Phoenix Company of Chicago will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of similarities that may appear in future The Phoenix Company of Chicago operations or products.  Without limitation, The Phoenix Company of Chicago will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere.  Except as noted below this paragraph, The Phoenix Company of Chicago will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.  Personally identifiable information that may be received at this site is provided voluntarily by the visitor to this site.  This information is intended for use only by The Phoenix Company of Chicago.  The Phoenix Company of Chicago is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products using such information.

JURISDICTION

Except as described otherwise, all materials in www.phoenixofchicago.com are made available only to provide information about The Phoenix Company of Chicago.  The Phoenix Company of Chicago controls and operates this site from its headquarters in Wood Dale, Illinois, United States of America and makes no representation that these materials are appropriate or available for use in other locations.  If you use this site from other locations you are responsible for compliance with applicable local laws.  Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders.  If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law.  If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.  This is the entire agreement between the parties relating to the use of this site.  The Phoenix Company of Chicago products and services are available in many parts of the world.  However, the www.phoenixofchicago.com site may describe products and services that are not available worldwide.

TRADEMARKS

The following trademarks are owned by The Phoenix Company of Chicago corporation and its affiliates: “THE PHOENIX COMPANY OF CHICAGO,” “PALCO CONNECTOR,” “PALCO,” “MIL-CON,” “SHANGHAI PHOENIX,” The Phoenix Company of Chicago Bird Logo, and “PkZ.”  The Phoenix Company of Chicago may revise these Terms and Conditions at any time by updating this posting. 

 

 

Copyright © 2008 The Phoenix Company of Chicago Corporation.  All rights reserved.