BY ACCESSING, DOWNLOADING AND USING THE APP, YOU AND YOUR COMPANY/EMPLOYER ARE BOTH LEGALLY BOUND BY THESE TERMS OF USE.
The mobile app obtains the information you provide when you download the app. Such information may include your name, email address, user name, and password. In addition, the app may collect certain information automatically, such as the type of mobile device you use, the device unique ID and IP address, your mobile operating address, the type of browsers you use, and information about the location of your mobile device. You can stop all collection of information by the app by uninstalling it.
Subject to applicable laws and regulations, Phoenix Lab may change these Terms of Use at any time without notice. Changes will be posted on the Phoenix Lab App and such changes shall be effective immediately. You agree to review the App periodically to be aware of any such amendments. Your continued use of the App after such amendments have been made shall constitute acceptance of the amendments. If any of these changes are unacceptable, you are not authorized to access the Phoenix Lab App and should delete the App from your device.
1. ELIGIBILITY
Use of automated services or machines is not permitted. Use of the App requires you to establish an account and is limited to one (1) account per person, even if the individual has multiple e-mail addresses.
2. REGISTRATION OBLIGATIONS
a. Your user name and password will be the same as the one for the Platform. Users that log into the site via the Single Sign On (“SSO”) will not have a user name or password and instead will use a QR code. All Users of the App have to create a 4-digit PIN when first logging into the App to enable Users continued access to the App after their devices “time-out”. You are responsible for maintaining the confidentiality of the password and you accept responsibility for all activities, charges and damages that occur in relation to your account. You shall promptly contact Phoenix Lab if you believe there has been unauthorized use of your account. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the App. Please see our Privacy and Cookie Notice for information regarding how your information will be used and maintained.
b. You agree to abide by all applicable laws and regulations with respect to your Phoenix Lab App account.
3. PASSWORD/ACCOUNT ACCESS RIGHTS AND RESPONSIBILITIES
Phoenix Lab may act upon any instructions received under your password and e-mail address without further verification.
4. EXPIRATION OF Phoenix Lab APP
At its sole discretion, and without notice, Phoenix Lab may disable and/or discontinue the Phoenix Lab App.
5. INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE
You will have access to certain proprietary content accessible via the Phoenix Lab App (the “Content”). Some of the Content may be proprietary to you or your company, other Content may be proprietary to Phoenix Lab.
The Phoenix Lab App is the property of Phoenix Lab or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the App and within the Content, including the name Phoenix Lab, each of the Phoenix Lab Medallions and all intellectual property rights with respect to each of the foregoing, are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the App may be registered or unregistered marks of Phoenix Lab and Associates or others.
Nothing contained in the App should be construed as granting any license or right by implication, estoppel or otherwise to use any of the Marks displayed on the App without the express written permission of Phoenix Lab and Associates or a third-party owner of such Marks. You shall honor all reasonable requests by Phoenix Lab to protect the proprietary interests of Phoenix Lab in the App and the Content.
Illegal and unauthorized uses of the Marks or any other Content are strictly prohibited.
6. YOUR CONDUCT
You agree to not use the Phoenix Lab App to:
a. Violate applicable law;
b. Impersonate any person, or misrepresent your identity;
c. Interfere with, disrupt or violate the terms and conditions and operating rules of the Phoenix Lab App or servers or networks connected to Phoenix Lab; or disobey any requirements, procedures, policies, or regulations of such networks;
d. Interfere with another’s use of the Phoenix Lab App;
e. Attempt to gain unauthorized access to the Phoenix Lab App, or to any other accounts, Websites, computer systems, or network;
f. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
g. Use the Phoenix Lab App to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
h. Provide access to the Phoenix Lab App to others using your personal account.
7. ANTI-HACKING PROVISION
You expressly agree not to use the Phoenix Lab App to:
launch or attempt to launch any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the App, any data or Content found on or accessed through the App or any Other Content without the prior express written consent of Phoenix Lab;
obtain or attempt to obtain through any means any materials or information on the App that have not been intentionally made publicly available either by their public display on the App or through their accessibility by a visible link on the App;
violate the restrictions in any robot inclusion headers on this App or in any way bypass or circumvent any other measure employed to limit or prevent access to the App or its Content;
violate the security of the App or attempt to gain unauthorized access to the App, data, materials, information, Websites, computer systems or networks connected to any server, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of the App or any activities conducted on or through any website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the App;
take or attempt any action that, in the sole discretion of Phoenix Lab, imposes or may impose an unreasonable or disproportionately large load or burden on the infrastructure of Phoenix Lab and Associates
8. TERMINATION
This Agreement, and your account, may be terminated as follows:
a. Termination. You have the right to terminate this Agreement and your Phoenix Lab App account at any time by deleting the application from your mobile device. If access to the Phoenix Lab Platform account is terminated for any reason, access and functionalities of the App will likewise be terminated.
b. Phoenix Lab Termination. Phoenix Lab may terminate this Agreement and your Phoenix Lab App account effective immediately and without prior notice, for any reason.
c. It is the sole and exclusive responsibility of company or employer of User to notify Phoenix Lab in writing when any such User shall be removed or blocked from further access to the App or more generally the Phoenix Lab Platform. For the avoidance of doubt, Phoenix Lab bears no responsibility for any failure by you to timely notify it of the removal of any User from access to the App and/or the Phoenix Lab Platform.
9. DISCLAIMER OF WARRANTIES AND LIABILITY
You are entirely liable for activities conducted by you in connection with your use of the Phoenix Lab App. If you are dissatisfied with the App or with these Terms of Use, your sole and exclusive remedy is to cease using the App. Phoenix Lab, nor any of its parents, subsidiaries, affiliates or any third-party provider will pay you any damages in connection with your access or non-access to the Phoenix Lab App.
Neither Phoenix Lab, or their parents, subsidiaries, their affiliates, nor their third-party providers guarantee the accuracy, completeness, timeliness or availability of any Content provided through this App. Phoenix Lab, their parents, their subsidiaries, their affiliates, third-party providers, their directors, officers, shareholders, employees and agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of such information. Phoenix Lab, THEIR PARENTS, THEIR SUBSIDIARIES, THEIR AFFILIATES AND THEIR THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall Phoenix Lab, their parents, their subsidiaries, their affiliates or their third-party providers and their directors, officers, shareholders, employees or agents be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of such information or the Phoenix Lab App even if Phoenix Lab has been advised of the possibility of such damages.
10. LINKS TO OTHER WEBSITES FROM THIS WEBSITE
You may, through hypertext or other computer links on the App, gain access to Websites operated by persons other than Phoenix Lab. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that Phoenix Lab is not responsible for the content or operation of such Websites, and that Phoenix Lab shall have no liability to you or any other person or entity for the use of third-party websites. Except as described below, a hyperlink from this app to another website does not imply or mean that Phoenix Lab endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other Websites to which you link from this app. Phoenix Lab assumes no responsibility for the use of third-party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
11. USER CONTENT
Subject to the requirements and obligations set forth in any other written agreements between the User and Phoenix Lab, User grants to Phoenix Lab the non-exclusive and perpetual right to use all Content entered into or on the App by the User (other than User Registration Information) in any medium and for any purpose.
Users posting Content on the app are responsible for the content of that material. Phoenix Lab has no responsibility for User Content or for the content of any messages or information posted by Users or others, or for the content of information accessible on the Internet, even if accessed via direct or indirect hyperlinks from the App. However, Phoenix Lab retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete User Content that Phoenix Lab deems to be illegal, offensive, or otherwise inappropriate.
The User is solely responsible for all access to, usage of, or activity on, such User’s account/profile including, but not limited to, use of the account/profile by any person who uses your password to access the Phoenix Lab App, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible.
The User agrees not to post, upload, transmit, send or otherwise make available on or through the App any Content which such User is bound not to disclose by agreement, contract, fiduciary duty, employment relationship, or otherwise, including but not limited to, insider information, proprietary and/or confidential information, trade secrets or Content that infringes upon any third-party’s rights.
The User agrees to indemnify Phoenix Lab and any third-party data providers, from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that Phoenix Lab, its affiliates, employees, and authorized representatives may incur as a result of any claim arising out of User Content posted using your email address and password, including without limitation, that which violates these Terms of Use and/or applicable laws.
12. USER’S AGREEMENT TO THESE TERMS OF USE
These Terms of Use, constitute the entire agreement (“Agreement”) between the parties relating to the Phoenix Lab App and supersedes any and all other agreements, oral or in writing, with respect to the App. The failure of Phoenix Lab to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California. The parties agree that the State and Federal courts of California shall be the exclusive forums for any dispute arising out of this Agreement and the parties hereby consent to the personal jurisdiction of such courts.
13. INDEMNIFICATION
You agree to indemnify and hold harmless Phoenix Lab and its current and future subsidiaries, successors, affiliates, licensors, suppliers, co-branders, third-party providers, clients, sponsors, and partners, and the officers, directors, employees, and agents of each of them, from and against any and all claims, losses, costs (including court costs), fees (including legal fees), damages and expenses that any such party may incur as a result of, due to, or arising out of violation by you (or anyone acting under your account or password) of this Agreement or the use or misuse of the Phoenix Lab App by you (or anyone acting under your account or password), or the violation of any rights of another by you (or anyone acting under your account or password).