All content available on the Website, including, but not limited to, text, graphics, logos, images, audio clips, data compilations, and any compilation thereof (the “Content”) is the property of PhoenixSongs, our affiliates, our partners, or our licensors, and is protected by U.S. and international copyright laws. The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of PhoenixSongs, our affiliates, our partners/collaborators, or our licensors, in the U.S. and other countries. All Trademarks not owned by us, our affiliates or our partners/collaborators that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by PhoenixSongs. Except as set forth in the limited license in below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make informational, non-commercial use of the Website. This limited license does not include the right to: (i) modify the Website or its contents; (ii) make any use of the Website or its Content other than informational, non-commercial use; (iii) create any derivative work based upon either the Website or its Content; or (iv) remove copyright notices or other proprietary rights notices contained in the Website or its Content. Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law.
Third-Party Content and Links
We are not responsible for the content of any websites linked to or from the Website. Links appearing on our Website to other websites or materials are for convenience only and are not an endorsement, sponsorship or recommendation by us, our affiliates or our partners of the referenced content, product, service or supplier. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including their privacy statements and terms and conditions.
Shipping and Delivery
PhoenixSongs provides products for research purposes only. At this time, PhoenixSongs ships products to locations within the United States and U.S. territories, including, Hawaii, Puerto Rico, Guam, and the U.S. Virgin Islands, as well as most international locations. For international orders, we can use your import broker or FedEx, in case you do not have a broker. It is your responsibility to check with your customs office to verify whether the country to which we are shipping permits the shipment of our products. Please be aware that customs and import duties may be applied when the shipment reaches its destination, and such charges are the responsibility of the recipient of the order and vary from country to country. PhoenixSongs is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. The risk of loss and title for all products ordered on this Website pass to you upon delivery of the products to the shipping carrier.
PhoenixSongs charges sales tax for products ordered on this Website based on the applicable state or local sales tax rate and the location to which the order is being shipped.
You may purchase products from this Website by using any one of the payment options listed during checkout. PhoenixSongs reserves the right to change its payment procedures at any time without prior notice to you.
THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorney fees, resulting from any third-party claim, action or demand resulting from your use of the Website or its Content. You also agree to indemnify us for any loss, damages or costs, including reasonable attorney fees, resulting from your use of software robots, spiders, crawlers or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Information on this Website may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of PhoenixSongs.