Terms of Use
Phoenix Terms of Use / Legal
Disclaimer
OUR WEBSITES AND THE MATERIALS ON OUR WEBSITES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED.
Limitations of Liability; Indemnity
IN NO EVENT SHALL Phoenix Engineering Systems BE LIABLE FOR ANY
DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS
OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITES OR THE
MATERIALS CONTAINED IN, OR ACCESSED THROUGH, OUR WEBSITES. You agree
to defend, indemnify and hold harmless Phoenix Engineering Systems
and its affiliates and their respective officers, directors,
employees and agents from and against any liabilities, losses,
costs, claims, expenses, damages, causes of action or demands,
including without limitation reasonable legal and accounting fees,
arising or resulting, or alleged by a third party to be arising or
resulting from your use of any information or material from our
websites or your breach of any of these Terms of Use. The provisions
of this paragraph shall indefinitely survive the termination of this
agreement.
Applicable Law
These Terms of Use shall be governed by and construed in accordance
with the Federal Laws of Australia, applicable to agreements made
and entirely to be performed within such province, without resort to
its conflict of law provisions. By accessing and/or placing orders
under our websites, you acknowledge that you have read, understood
and agreed to be bound by these Terms of Use and by all applicable
laws and regulations, including Australian export control laws and
regulations. Visitors who do not agree with these Terms of Use
should not access or place orders through our websites. You agree
that any action at law or in equity arising out of or relating to
these Terms of Use shall be filed only in
Termination
Notwithstanding any of these Terms of Use, Phoenix Engineering
Systems reserves the right, without notice and in its sole
discretion, to terminate your license to use our websites, and to
block or prevent future access to and use of our websites.
Severability
If any provision of these Terms of Use shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect the
validity and enforceability of any remaining provisions.
Miscellaneous
These Terms of Use apply exclusively to your access to, and use of,
our websites and do not alter in any way the terms or conditions of
any other agreement you may have with Phoenix Engineering Systems
for products, services or otherwise. Phoenix Engineering Systems
reserves the right to change any and all content contained on our
websites at any time without notice. Reference to any products,
services, processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof by Phoenix
Engineering Systems.