Welcome to the Phoenix Defense, LLC (a Delaware Company) and affiliated group companies (Phoenix Logistics, LLC; Riptide Software, Inc; Phoenix Defense Ventures, LLC; Phoenix Defense Germany, GmbH; and PLI Manufacturing, LLC) website at phx-defense.com. Please review the following agreement between us and you, the user of our website. Your use of our site signifies your agreement to be bound by these Terms of Use. If you do not agree to be bound by these Terms and Conditions, you may not access the site. These Terms of Use may be updated by Phoenix Defense at any time, so please check back frequently for changes. Your continued access or use of the phx-defense.com website signifies your conclusive acceptance of the modified agreement.
Part I. TRADEMARK & OWNERSHIP
The trademarks, logos, and service marks displayed on the phx-defense.com website (collectively, the “Marks”) are proprietary to Phoenix Defense, LLC and others. Phoenix Defense and any other such trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without the owner’s prior written consent.
Unless expressly stated otherwise on the phx-defense.com website, all content, images, and materials appearing on the website (collectively, the “Content”) are the sole property of Phoenix Defense and are protected by U.S. and international copyright laws and treaties. You may not use, reproduce, display, or sell any Content without Phoenix Defense’s prior written consent.
Part II. TERMINATION OF SERVICES/WEBSITE
Phoenix Defense may modify or discontinue its website, or the services provided here at any time, with or without notice to you. Phoenix Defense will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms of Use will survive any termination of this website, or any services provided here.
Part III. DISCLAIMER
Your use of our website is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the website is provided to you “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND PHOENIX DEFENSE HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. PHOENIX DEFENSE MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE PHX-DEFENSE.COM WEBSITE IS ACCURATE OR COMPLETE, OR THAT THE PHX-DEFENSE.COM WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.
Part IV. ADDITIONAL LIMITATIONS
Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Phoenix Defense may also make improvements and/or changes in the products and/or the programs described in this website at any time without notice. Phoenix Defense assumes no responsibility regarding the accuracy of the information that is provided by Phoenix Defense and use of such information is at the recipient’s own risk. Phoenix Defense provides no assurances that any reported problems may be resolved with the use of any information that Phoenix Defense provides. By furnishing information, Phoenix Defense does not grant any licenses to any copyrights, patents or any other intellectual property rights. Phoenix Defense does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Phoenix Defense will be deemed NOT to be confidential. By sending Phoenix Defense any information or material, you grant Phoenix Defense an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Phoenix Defense 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. For more detail on Phoenix Defense’s privacy policy, see Phoenix Defense Privacy Policy on this website.
Part V. GLOBAL AVAILABILITY/CONTRACTS
Information Phoenix Defense publishes on the World Wide Web may contain references or cross references to Phoenix Defense products, programs and services that are not announced or available in your country. Such references do not imply that Phoenix Defense intends to announce such products, programs or services in your country. Contact Phoenix Defense directly for information regarding the products, programs and services which may be available to you.
Phoenix Defense’s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Phoenix Defense off this website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Part VI. LINKS TO THIRD PARTY SITES
Our website may contain links to other Internet websites or resources. When you access a non- Phoenix Defense website, please understand that it is independent from Phoenix Defense and that Phoenix Defense has no control over the content on that website. In addition, a link to a non- Phoenix Defense website does not mean that Phoenix Defense endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. You acknowledge and agree that Phoenix Defense is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our website does not imply that we endorse the linked site. You use the links at your own risk.
Part VII. LIMITATION OF LIABILITY
If you do not agree with our Terms of Use, or if you are not satisfied with our website or the services provided here, your sole remedy is to discontinue your use of the phxlogistics.com website. PHOENIX DEFENSE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE PHX-DEFENSE.COM WEBSITE, OR ANY HYPER-LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PHOENIX LOGISTICS, INC. HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THIS WEBSITE.
Part VII. DISCLAIMERS AND LIMITATIONS
SOME JURSIDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
Part IX. INDEMNITY
You agree to defend, indemnify, and hold harmless Phoenix Defense its officers, directors, employees, agents, and affiliates, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the phx-defense.com website, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.
Part X. GOVERNING LAW & JURISDICTION
These terms will be governed by and construed in accordance with the laws of the State of Arizona, excluding the body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms of Use or your use of phx-defense.com website shall be brought only in a federal or state court in Maricopa County, Arizona, and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except for other agreements or terms appearing on the phxlogistics.com website, these Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. In the event of any claim arising under these Terms of Use, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, court costs, and expert fees.
ADDITIONAL INFORMATION
This website is owned and operated by Phoenix Defense, LLC, Gilbert, Arizona. Any questions relating to this website or these Terms of Use may be directed to customer service. Thank you for your interest in Phoenix Defense.
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