TERMS OF USE

Operating Policies.

You agree to comply with the operating policies set forth below, which are the rules that govern user activity in connection with this website, as they are amended from time to time. These operating policies govern your conduct and activities on this website. Violations of the operating policies or other provisions of this agreement may also result in termination or suspension of your access to this website or under certain circumstances, legal action against you.

Users are responsible for their own use of this website. You may not, under any circumstances, do any of the following:

1.) use www.phoenixnational.com and its services to collect debts based on information submitted by you which is inaccurate or not current and up to date. It is your sole responsibility to manage your accounts and ensure that all information submitted to Phoenix National Service Inc. is accurate, current and to immediately inform Phoenix National Service Inc. when debts have been collected;
2.) intercept or attempt to intercept email or other private communications not intended for you;
3.) upload files that contain a virus or corrupted data;
4.) use the website in a manner that adversely affects the availability of its resources to other website users;
5.) act, or fail to act, in your use of the website, in a manner that is contrary to applicable law or regulation.

Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

Acceptance Procedure.

By accessing materials on this website, you agree with all terms and conditions of this Agreement. We reserve the right, at our sole discretion, to change this Agreement and our Privacy Policy from time to time, and your access to this website will be deemed to be your acceptance of this Agreement and Privacy Policy, and any changes thereto.

Privacy Policies.

We consider our users' privacy to be of utmost importance. Please see our Privacy Policy for a detailed description of our information gathering and dissemination practices for the website

Operation.

We reserve complete and sole discretion with respect to the operation of the website and its services. We reserve the right to change Product pricing, terms, specifications and warranties without notice. We also reserve the right to withdraw, suspend or discontinue any functionality or feature of the website at any time. All sales are final. We will not accept order cancellation requests. We will resolve mistakes in any order on a case by case basis.

Content. 

Although we make every effort to ensure the correctness of data, we disclaim responsibility for any errors or omission, such as unintended inaccuracies or typographical errors, in the materials. You also understand that we cannot and do not guarantee or warrant that to the extent made available to you, files available for downloading will be free of viruses, worms, Trojan horses or other code that contain contaminating or destructive properties. Our press releases, announcements, and postings to this website may contain forward-looking statements that involve risk and uncertainties. They do not constitute an offer to sell or an obligation to buy any security.

 Links

The Site may provide, or third parties may provide, links to non-Phoenix National Service Inc's World Wide Web sites or resources. Because Phoenix National Service Inc. has no control over such sites and resources, you acknowledge and agree that Phoenix National Service Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Phoenix National Service Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Permitted Use.

This website is protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within the website is the proprietary information of Phoenixnational.com and its content providers, and phoenixnational.com and its content providers retain all right, title, and interest in the content. You have a nonexclusive, non-transferable, limited, revocable right to use the website solely for your informational and business use. You may not use the website for any other purpose without our express prior written consent. You are granted a limited license to print copies of any content posted at this website, but only for your informational and business use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on this website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to author attribution or copyright notices are prohibited. Use of any of our trademarks as Meta tags on any other website is also strictly prohibited. You may not display the website or portions thereof in things (framing) without our express written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing or linking to immediately cease.

Disclaimer of Warranty.

While we use reasonable efforts to include accurate and up to date information on this website, errors or omissions sometimes occur. We reserve the right to correct errors and/or update the content on this website at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and you have been charged. THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THIS WEBSITE. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

INDEMNIFICATION.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PHOENIXNATIONAL.COM, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, OR ANY ACTIVITY RELATED TO THIS WEBSITE.

WAIVER, RELEASE AND LIMITATION OF LIABILITY.

YOU AGREE THAT PHOENIX NATIONAL SERVICES INC., THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THIS WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PHOENIX NATIONAL SERVICES INC, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE PHOENIX NATIONAL SERVICES INC, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER SERVICES PROVIDED BY PHOENIX NATIONAL SERVICES INC, EVEN IF PHOENIX NATIONAL SERVICES INC, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party's Rights.

The provisions in the Disclaimer of Warranty (7), Indemnification (8) and Waiver, Release and Limitation of Liability (9) paragraphs are for the benefit of Phoenixnational.com and its officers, directors, employees, agents, licensors or suppliers and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Termination.

We may terminate your right to use this website at any time, with or without cause. Phoenix National Service Inc’s right to terminate at any time includes, but is not limited to, Phoenix National Service Inc’s right to refuse to accept for processing any account submitted by you for any reason.

Miscellaneous.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises. In the event of a dispute, the parties agree to meet and confer. If such dispute is not resolved, then the parties shall move to binding arbitration which shall be governed by the American Arbitration Association and shall be brought in Jacksonville, Florida. The prevailing party is entitled to reasonable attorney’s fees and costs. Judgment on the arbitration award may be entered by any court of competent jurisdiction. Phoenix National Service Inc.’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Phoenix National Service Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Complete Agreement.

Except as expressly provided herein, these terms and conditions constitute the entire agreement between you and Phoenix National Service Inc. with respect to the use of the website and content. Your use of this website is also subject to Phoenix National Service Inc.’s Privacy Policy. The provisions of this Agreement are severable and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity and enforceability of the remaining provisions hereof.