Legal Notice

Terms and Conditions of Use

Effective Date: January 25, 2002

This Agreement states the terms and conditions by which Phoenix Industries, LLP (us, we, our, Phoenix) makes available this web-based service (the "Service") to users of the Service ("Users"). By using this service, each User agrees to these terms and conditions.

The Web is an evolving medium and the Service may be modified. We may change the terms of this Agreement from time to time. By continuing to use the Service after we post notice of any such changes, each User also agrees to accept the new terms.

Submission of Data.

By submitting data to Phoenix Industries, LLP for incorporation into the Service, submitting Users warrant that they have the right to provide such data to us without infringing any rights of any other person and agree to defend and hold us harmless from any claims arising out of our use of such data in connection with the Service. Users grant us the right to use such data in any manner deemed useful by us; including to maintain the data in one or more databases, to process and manipulate the data, to create derivative works based on the data, and to distribute the data in whole or in part, including in the form of derivative works, to authorized recipients.

Use of Data.

The Service includes content and functionality that may contain or be based on, data provided to us by other Users, including both Phoenix customers and third parties. Users agree that Phoenix does not and cannot warrant the accuracy, completeness or currentness of such data. Users agree that they will accept the Service and the data contained in and provided by the Service "as is," and that Phoenix will not be liable in any way to such Users, or any other persons, for any claims arising out of data provided to the Service by others.

Intellectual Property.

The Service and the content available on the Service is the property of Phoenix or its licensors, and may be protected by copyright, trademark and other intellectual property laws. Users may use the Service consistent with the terms of this Agreement, but agree not to claim any ownership interest in the Service or its content by virtue of such use. Users may not use any trademark or service mark appearing on the Service without the prior written consent of the owner of the mark.

DISCLAIMER OF WARRANTIES AND LIABILITY.

Because of the nature of the World Wide Web as a developing medium of communication, Phoenix cannot guarantee that the Service will be provided without delays, omissions, interruptions, inaccuracies and other problems, many of which may not be within Phoenix's control. Therefore, this Service is provided by Phoenix, and may be used by any User, only on the following conditions:

EACH USER AGREES THAT IT IS SOLELY RESPONSIBLE FOR ITS USE OF THIS SERVICE. BECAUSE OF THE NUMEROUS POTENTIAL SOURCES OF CONTENT AND FUNTIONALITY AVAILABLE THROUGH THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE SERVICE. IF ANY USER RELIES ON THIS SERVICE OR ANY CONTENT OR FUNCTIONALITY AVAILABLE THROUGH THIS SERVICE, IT DOES SO AT ITS OWN RISK.

THIS SERVICE IS PROVIDED TO USERS "AS IS." PHOENIX INDUSTRIES, LLP AND ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR FUNCTIONALITY AVAILABLE THROUGH THE SERVICE. NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL PHOENIX OR ITS OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO USERS OR ANY THIRD PARTIES FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. EACH USER AGREES THAT THE LIABILITY OF PHOENIX AND THEIR OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL OR EQUITABLE CLAIM IN ANY WAY CONNECTED TO THIS SERVICE SHALL NOT EXEED THE AMOUNT PAID TO PHOENIX BY THE USER DURING THE PREVIOUS TEN (10) DAYS FOR USE OF THE SERVICE.