Terms and Conditions
The Terms and Conditions of Use set forth below create a binding contract between Phenix, LLC (hereinafter "Phenix Automation"), and you, the user of this web site. Please read these terms and conditions carefully before using this web site. Your use of this web site confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this web site.
- This web site is intended only for use by those 18 years of age or older. By accepting these terms and conditions, you certify that you are at least 18 years of age or older, and that you are legally able to enter into a valid contract.
- You agree and warrant that all information you provide to Phenix Automation through this web site, including but not limited to any contact information, billing information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform Phenix Automation promptly of any changes to your account information.
- You agree to accept responsibility for all activities that occur under your account, including all orders placed through your account and password. You agree not to disclose your account password to others.
- By creating an account with Phenix Automation, you consent to receive communications from us electronically via the e-mail address associated with your account. You agree that any and all communications sent to you electronically via the e-mail address associated with your account satisfy any legal requirement that such communications be in writing.
- You acknowledge that your use of the Phenix Automation web site is at Phenix Automation's discretion, and your license to use the web site may be terminated by Phenix Automation at any time. Phenix Automation reserves the right, at its sole discretion, to refuse service, to terminate any user's account and/or to cancel orders placed through the web site at any time.
- The content of the Phenix Automation web site, including all text, graphics and other material displayed on or downloadable from the site, is either the property of, or used with permission by, Phenix Automation, and is protected by the copyright laws of the United States and other countries. The compilation of all the content on the Phenix Automation web site is also protected by the copyright laws of the United States and other countries. No material from the web site may be used, reproduced, distributed, modified, or publicly displayed or performed without the prior written permission of the owner of such material.
- Phenix Automation reserves the right to modify, suspend or discontinue any or all aspects of this web site at any time without notice.
- Phenix Automation, and all related product and service names and logos, design marks, slogans and trade dress are trademarks or service marks of Phenix Automation. Other marks displayed on this web site are the property of their respective owners. Phenix Automation trademarks, service marks, trade dress and other graphics, logos and slogans may not be used without prior written permission from Phenix Automation.
- Phenix Automation grants you a limited, nonexclusive and revocable license to make personal use of the site. This license does not include the right to modify, reproduce, copy or resell any of the content of the Phenix Automation web site; to download or copy any user's account information for the benefit of another party; to bypass any technical measures used to prevent or restrict access to any portion of the web site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the Phenix Automation web site; to violate or attempt to violate the security of the web site, or to interfere with or attempt to interfere with the proper working of the Phenix Automation web site. You agree to use this web site only for lawful purposes and in accordance with the terms and conditions contained herein.
- You are granted a limited, nonexclusive and revocable license to create a hyperlink to the home page of the Phenix Automation web site, so long as the link and the linking page do not portray Phenix Automation or its products or services in a false, misleading, derogatory or otherwise offensive manner. You may not, however, use any of Phenix Automation's logos or other proprietary graphic material in creating such links. Nor may you use Phenix Automation's name or trademarks in metatags or any other hidden text without the express written consent of Phenix Automation. Displaying the Phenix Automation web site or any portion of the Phenix Automation web site in frames or through similar means on another web site is also prohibited without the express written consent of Phenix Automation. Any permitted links to the Phenix Automation web site must comply will all applicable laws, rules and regulations.
- This web site may contain links to web sites that are not owned, operated or controlled by Phenix Automation. All such links are provided as a convenience, and do not in any way constitute Phenix Automation's endorsement or recommendation of the linked web site or the person(s) associated therewith. Phenix Automation is not responsible for any content of any third party web sites, and makes no representations regarding the content or accuracy of material on such sites. If you decide to access any linked web sites, you do so entirely at your own risk.
- In the event that you have any problem with this web site or any content contained thereon, you agree that your sole remedy is to cease using this web site.
- Phenix Automation attempts to ensure that all information on this web site, including information about products and services available for order through the site, is complete, accurate and up to date. However, Phenix Automation makes no guarantees as to the completeness or accuracy of any information on the site, or that the information is up to date. You agree that, should you purchase an item from Phenix Automation that is not as described on the Phenix Automation web site, your sole and exclusive remedy is to return such item in an unused condition for a refund of the purchase price.
- All content, specifications, product information and price information described or depicted on this web site are subject to change at any time without notice. The fact that a product or service is advertised or otherwise included in this web site at a particular time does not imply or warrant that the product or service is or will be available at that or any other time.
- While Phenix Automation makes every effort to provide accurate pricing information, any prices listed on the Phenix Automation web site should be considered estimates only. The listed price may differ from the actual price of the item at the time of purchase due to any number of factors, including but not limited to typographical errors, an error in pricing or product information, or a price increase or decrease between the time the order is placed and the time the purchase is made. Prices for items cannot be confirmed until after an order is placed. If the actual price of an item you order is lower than that listed on the site, Phenix Automation will charge you the lower amount and ship the item. Should the actual price be higher, Phenix Automation may, at its discretion, either contact you about the discrepancy to see if you still wish the item at the higher price or cancel the order and notify you of the cancellation and the reason therefore.
- All purchases made from this web site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- After placing an order, you may receive an e-mail acknowledgement of that order from Phenix Automation. This acknowledgement does not constitute Phenix Automation's acceptance of the order or a confirmation of an offer to sell a product or service. There may be certain orders that Phenix Automation is unable to accept or fill, including but not limited to orders which call for shipment of goods to an address in violation of posted shipping restrictions for those goods. Phenix Automation reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Further, Phenix Automation reserves the right, without prior notice, to limit the order quantity on any product or service. Phenix Automation may also require additional information or verifications before processing certain orders. Should your entire order or any portion thereof be cancelled, or should Phenix Automation require additional information from you before processing the order, Phenix Automation will contact you. In the event that your credit card was charged for an order that is later cancelled, Phenix Automation will issue a credit to your credit card in the amount of the charge.
- You acknowledge that any purchases you make through the Phenix Automation web site are also subject to and governed by Phenix Automation's Standard Terms of Sale, which are hereby incorporated into these Terms and Conditions of Use. A copy of the Standard Terms of Sale can be accessed here. You hereby represent that any products ordered through this web site will be used only in a lawful manner.
- All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to Phenix Automation on or through this web site or any e-mail address associated with this web site (collectively, "User Submissions") shall be and remain the property of Phenix Automation. Your disclosure or submission of User Submissions shall constitute an assignment to Phenix Automation of all worldwide right, title and interest in any to all copyrights and other intellectual property rights in the User Submissions. You represent and warrant that you own or otherwise control all the rights to any User Submissions you make to Phenix Automation, and that use of the information or content you supply does not violate the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify Phenix Automation or its affiliates for all claims resulting from or related to content you supply. You further represent and warrant that any User Submissions you make to Phenix Automation will not contain libelous or otherwise unlawful, threatening, abusive or obscene material; will not contain software viruses or other harmful devices, and will not be part of any mass mailing or other form of spam.
- THIS WEB SITE IS PROVIDED BY Phenix Automation ON AN "AS IS" AND "AS AVAILABLE" BASIS. Phenix Automation MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Phenix Automation DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEB SITE AND ANY AND ALL PRODUCTS AND SERVICES INCLUDED, LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE.
BY USING THE Phenix Automation WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Phenix Automation DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF Phenix Automation ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, Phenix Automation DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND Phenix Automation WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
Phenix Automation WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF Phenix Automation HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, Phenix Automation WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON Phenix Automation'S COMPUTERS AND/OR SERVERS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- You agree to indemnify, defend and hold harmless Phenix Automation from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site.
- This web site is created and maintained by Phenix Automation in the State of New York. You agree that the laws of the State of New York will govern these Terms and Conditions of Use, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this Agreement or your use of the Phenix Automation web site must be brought in the state or federal courts located in Monroe County, New York, and you hereby consent to the exclusive personal jurisdiction of such courts.
- Phenix Automation reserves the right to revise these Terms and Conditions of Use at any time. Any changes to the Terms and Conditions of Use will be included in a revised version of this document. You should visit this page from time to time to review the then current Terms and Conditions, and should cease using the web site if you do not agree to be bound by the terms and conditions contained herein.
- This Agreement represents the entire understanding between the parties regarding your use of the Phenix Automation web site, and supersedes all other agreements, express or implied, between them. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Phenix Automation's failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
- If you have any questions or comments about the Phenix Automation web site, we invite you to call our customer service department at 585-641-0535.
Phenix Automation reserves the right to change these Terms and Conditions at any time. By checking the box below all users are bound by these Terms and Conditions and any changes thereto.
Address inquiries concerning usage of Phenix Automation trademarks, copyrights, designs, or patents to:
PO Box 14585
Rochester, NY 14614