Terms & Conditions
INTRODUCTION
Please read the following terms and conditions (the “Terms of Use”) carefully before using this website (the “Website”). These Terms of Use set forth the legally binding terms and conditions for your use of the Website and for the services offered and business conducted by Phoenix Performance Products Inc. (the “Company”, “we”, “our”, or “us”) on the Website (the “Services”). By accessing the Website, you agree to be bound by these Terms of Use, as they may be amended from time to time in accordance with the terms provided below. If you do not agree with these Terms of Use, you may not use the Website. We recommend that you keep a printed copy of these Terms of Use for future reference.
The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available on the Website, and all other operating rules, policies, and procedures that may be published on the Website by the Company (including the Customer Care policy), which are incorporated by reference and may be updated by the Company without notice. In addition, some Services offered through the Website may be subject to additional terms and conditions adopted by the Company. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
MODIFICATION OF TERMS AND USES
The Company reserves the right, in its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Website (including, but not limited to, the availability of any feature, database, or content) at any time for any reason and without prior notice. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
REGISTRATION
You may view the Website without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a password and/or screen name (“User ID”). If you open an account, register, purchase products or provide any information to the Company, you agree to provide accurate, complete, and updated information as requested. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use a User ID or password that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is otherwise offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID or password. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Website. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach. By providing the Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Website, special offers, and confirmations and information regarding purchases.
INTELLECTUAL PROPERTY OWNERSHIP & USE
You agree that the Company owns and shall own all right, title and interest, throughout the world, in and to the Website and Service, and all copyrights, trade secrets, trademarks, service marks, trade dress rights, patent and invention rights, and other intellectual property rights associated therewith. Please be aware that as you visit and navigate this Website your use of our Website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.
For international Website users: This Website is hosted in Canada. By using this Website you are subjecting yourself to the laws and jurisdiction of Canada.
TRADEMARKS
You may not use any of the Company’s trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Phoenix Rodeo name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of the Company’s products, services, and programs. Any other trademarks that appear on our Website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
COPYRIGHT
All text, graphics, photographs, logos, button icons images, audio clips, digital downloads, and data compilations appearing on the Website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by the Company and/or its affiliates and are protected by Canada, U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.
NON-CONFIDENTAL INFORMATION
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
ERRORS & INACCURACIES
We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
SHIPMENT OF ORDER
Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on francesvalentine.com. All purchases from phoenixrodeo.com are made pursuant to the terms and conditions found on this Website. Risk of loss and title for items purchased from the Website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
GENERAL RULES OF CONDUCT
As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Terms of Use or law. The Website is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Website.
You shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) use any network monitoring or discovery software to determine the Website’s architecture, or to extract information about usage or users; (iv) harvest or collect User IDs or any Personal Information (as that term is defined in the Privacy Policy) about our Users; (v) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (vi) use any Company-owned mark or product name as a meta-tag or other ‘hidden text’ for search engines in a manner that does not inure to the benefit of the Company; (vii) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (viii) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction and/or to the extent any such source code is open source; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
The Company does not guarantee that any content or services will be made available through the Website. The Company has no obligation to monitor the Website. The Company reserves the right to, at any time, for any reason, and without notice, to remove or block any content, including, but not limited to, any content you may submit, to the Website. Frances Valentine reserves the right not to comment on the reasons for any of these actions.
THIRD PARTY SITES AND MOBILE SERVICES
The Website may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Website. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
You may enable various online services, such as social networking sites, to be directly integrated into your use of the Website. To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. By enabling third party services within the Website, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and the Company’s use, storage and disclosure of information related to you and your use of such services within the Website, please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and the Company will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within or through the Website.
The Website may include certain services that are available via a mobile device, including (i) the ability to browse the Website from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Website or Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
DISCLAIMER OF LIABILITY
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE, ITS CONTENT, OR THE INFORMATION AVAILABLE ON OR THROUGH IT; THEY ARE PROVIDED “AS IS”, WITH ALL FAULTS. EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR ANY OTHER SITE LINKED TO IT. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CONSENT TO ELECTRONIC DELIVERY OF NOTICES
By using the Website, you consent to receive from the Company all communications including notices, agreements, legally required disclosures, or other information in connection with the Website (collectively, “Contract Notices”) electronically. Frances Valentine may provide the electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website.
APPLICABLE LAW AND VENUE
By visiting our Website, you agree that the laws of Canada without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over the Company or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than Canada. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Website, shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
INTEGRATION AND SEVERABILITY
These Terms of Use and other referenced materials are the entire agreement between you and the Company with respect to the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Website and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
December 15, 2022