Terms & Conditions : Phoenix Partners Group

Terms & Conditions

ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.PhoenixPartnersGroup.com (the “Website”). The Website is owned and operated by Phoenix Partners Group LP whose principal place of business is at 315 Park Avenue South, New York, NY 10010, USA (referred to as “we” or “us”).

Please read the terms below carefully before using the Website. By using or visiting the Website you accept and agree to the terms of this legal notice. If you do not accept these terms, do not use the Website.

Terms of Use

This notice is issued by us.

Introduction
We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

We make no representation that the content in the Website is appropriate for access outside of the United States and the United Kingdom. Those who choose to access the Website from outside the United States and the United Kingdom do so on their own initiative and are responsible for compliance with local laws.
Intellectual Property Rights
1. The contents of the Website are protected by international copyright laws and other intellectual property rights.
2. We, and our affiliates or other third party licensors, are the owners of these rights.
3. All product and company names and logos mentioned on the Website are the trade marks, service marks or trading names of their respective owners, including us.
4. You are permitted to print and download extracts from the Website only for your personal reference, and only provided that:
  - no documents or related graphics on the Website are modified or copied in any way;
  - no graphics on the Website are used separately from accompanying text; and
  - our status (and that of any identified contributors) as the author of any material on the Website is always acknowledged.
  Otherwise, no part of the Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, graphics, video, messages, code and/or software without our express prior written consent.
5. Any commercial use or exploitation of the Website or its content is strictly prohibited.
6. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
Access
1. While we endeavour to ensure that the Website is available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website, the content or services or products available through it, including your access to it.
2. We may restrict certain areas of information accessible via the Website to our approved, registered users. If any area of the Website requires you to register with us, then we may accept or refuse your application for registration (in our absolute discretion). You agree to provide at all times truthful and accurate information in applying to register to use the Website and using any registration granted. Your registration will not be transferable and you are solely responsible for any activity which occurs on or through your user name, password or account, whether or not authorised by you and for keeping secure and confidential such details. You must not disclose your account’s user name or password (or other login details) to any third party. You must change your password immediately if you believe that your registration may have been used without your authorisation.
3. We reserve the right to terminate your access to the Website at any time without notice.
Privacy Policy
1. All data and information relating to you which you provide to us is subject to our Privacy Policy. Please read this Policy.
Acceptable Use
1. You must not use the Website for any unlawful or fraudulent purposes. You must not misuse the Website by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack the Website via a denial-of-service attack.
2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
3. If the Website incorporates a feature allowing you to upload material, then that material will be considered to be non-confidential and non-proprietary and we shall have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We shall also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. We shall have the right to remove any material or posting you make on the Website.
4. Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this clause 5, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.
Disclaimer
1. While we endeavour to ensure that the information on the Website is correct, we do not warrant or represent the accuracy or completeness of the material on the Website. The Website may contain typographical errors or other inaccuracies, or information that is out of date. We are under no obligation to update or correct such material.
2. The Website is not intended to provide investment advice. The content contained in the Website is presented for information purposes only. Nothing contained on the Website should be construed as investment, financial, business, legal or other advice of any kind. Accordingly, the content should not be considered complete nor should it be relied upon without first consulting with a qualified investment professional.
3. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, express or implied warranties, conditions and other terms which but for this legal notice might have effect in relation to the Website.
Liability
1. As set out in clause 6 above, content posted on the Website is not intended to amount to advice on which reliance should be placed. We, and our and its respective affiliates, partners, officers, members, employees and directors shall not be liable for any direct or indirect or consequential loss or damage, nor for any loss of revenue, profit, business, data, goodwill or anticipated savings suffered by any person as a result of reliance on a statement or omission on, or the use of, the Website.
2. To the fullest extent permitted by applicable law, we accept no liability for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website or its contents whether due to inaccuracy, error, omission or any other cause and whether on the part of us and our respective affiliates, partners, officers, members, employees and directors.
3. Where the Website contains links to third party websites and resources, these links are provided for your information only. We have no control over the content of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, products or services (if applicable).
4. If we are liable to you for any reason (other than death or personal injury arising from our negligence), our liability will be limited to an aggregate maximum of $US100.
5. Nothing in this legal notice shall exclude or limit our liability for:
  - death or personal injury caused by negligence; or
  - fraud or fraudulent misrepresentation; or
  - any liability which cannot be excluded or limited under applicable law.
6. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and that it is compatible with the Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for taking sufficient precautions and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Governing law and jurisdiction
This legal notice is governed by and is to be construed in accordance with New York law and the courts of New York shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Website Terms of Use.

Issue Date: 23/8/2007