Terms of Use

Terms and Conditions

1. BINDING EFFECT. This is a bind­ing agree­ment between you and ’. The Phoenix Cen­tre .’ (”us”, ”we”, ”Com­pa­ny”). By using the Inter­net site locat­ed at ’. https://waynecallen.com .’ (the ”Site”), you agree to abide by these Terms of Use. If at any time you find these Terms of Use unac­cept­able, you must imme­di­ate­ly leave the Site and cease all use of it.

2. PRIVACY POLICY. We respect your pri­va­cy and per­mit you to con­trol the treat­ment of your per­son­al infor­ma­tion. A com­plete state­ment of our cur­rent pri­va­cy pol­i­cy can be found by click­ing here. Our pri­va­cy pol­i­cy is express­ly incor­po­rat­ed into this Agree­ment by this reference.

3. GOVERNING LAW. These Terms of Use shall be con­strued in accor­dance with and gov­erned by the laws of Cal­i­for­nia and the Unit­ed States, with­out ref­er­ence to rules regard­ing con­flicts of law. This Site is intend­ed for use by indi­vid­u­als based in the Unit­ed States of America.

4. MINIMUM AGE. You must be at least 18 years old to access and par­tic­i­pate on this site. You guar­an­tee and war­rant you are at least 18 years old and are able to enter into this Agree­ment from a legal perspective.

5. EBOOK SIGNUPS AND MAILINGS. You have the option, but not oblig­a­tion, to sign up and receive a free eBook from us. Should you do so, you are agree­ing to receive fur­ther email­ings from us of a com­mer­cial nature.

6. EMAIL COMMUNICATIONS. When you con­tact us, you express­ly con­sent and agree to receive email respons­es from us. These email com­mu­ni­ca­tions may be com­mer­cial or non-com­mer­cial in nature. Non-com­mer­cial emails may include, but are not lim­it­ed to, admin­is­tra­tive issues and announce­ments of changes to these Terms, the Pri­va­cy Pol­i­cy or oth­er site documentation.

7. USE OF SOFTWARE. Com­pa­ny may make cer­tain soft­ware avail­able to you from the Site. If you down­load soft­ware from the Site, the soft­ware, includ­ing all files and images con­tained in or gen­er­at­ed by the soft­ware, and accom­pa­ny­ing data (col­lec­tive­ly, ”Soft­ware”) are deemed to be licensed to you by Com­pa­ny, for your per­son­al, non­com­mer­cial, home use only. Com­pa­ny does not trans­fer either the title or the intel­lec­tu­al prop­er­ty rights to the Soft­ware, and Com­pa­ny retains full and com­plete title to the Soft­ware as well as all intel­lec­tu­al prop­er­ty rights there­in. You may not sell, redis­trib­ute, or repro­duce the Soft­ware, nor may you decom­pile, reverse-engi­neer, dis­as­sem­ble, or oth­er­wise con­vert the Soft­ware to a human-per­ceiv­able form. All trade­marks and logos are owned by Com­pa­ny or its licen­sors and you may not copy or use them in any manner.

8. USER CONTENT. By post­ing, down­load­ing, dis­play­ing, per­form­ing, trans­mit­ting, or oth­er­wise dis­trib­ut­ing infor­ma­tion or oth­er con­tent (”User Con­tent”) to the site, you are grant­i­ng Com­pa­ny, its affil­i­ates, offi­cers, direc­tors, employ­ees, con­sul­tants, agents, and rep­re­sen­ta­tives a per­ma­nent, non-exclu­sive license to use User Con­tent in con­nec­tion with the oper­a­tion of the Inter­net busi­ness­es of Com­pa­ny, its affil­i­ates, offi­cers, direc­tors, employ­ees, con­sul­tants, agents, and rep­re­sen­ta­tives, includ­ing with­out lim­i­ta­tion, a right to copy, dis­trib­ute, trans­mit, pub­licly dis­play, pub­licly per­form, repro­duce, edit, trans­late, and refor­mat User Con­tent. You will not be com­pen­sat­ed for any User Con­tent. You agree that Com­pa­ny may pub­lish or oth­er­wise dis­close your name in con­nec­tion with your User Con­tent. By post­ing User Con­tent on the site, you war­rant and rep­re­sent that you own the rights to the User Con­tent or are oth­er­wise autho­rized to post, dis­trib­ute, dis­play, per­form, trans­mit, or oth­er­wise dis­trib­ute User Content.

9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When access­ing the site, you agree to respect the intel­lec­tu­al prop­er­ty rights of oth­ers. Your use of the site is at all times gov­erned by and sub­ject to laws regard­ing copy­right own­er­ship and use of intel­lec­tu­al prop­er­ty. You agree not to upload, down­load, dis­play, per­form, trans­mit, or oth­er­wise dis­trib­ute any infor­ma­tion or con­tent (col­lec­tive­ly, ”Con­tent”) in vio­la­tion of any third party’s copy­rights, trade­marks, or oth­er intel­lec­tu­al prop­er­ty or pro­pri­etary rights. You agree to abide by laws regard­ing copy­right own­er­ship and use of intel­lec­tu­al prop­er­ty, and you shall be sole­ly respon­si­ble for any vio­la­tions of any rel­e­vant laws and for any infringe­ments of third par­ty rights caused by any Con­tent you pro­vide or trans­mit, or that is pro­vid­ed or trans­mit­ted using your User ID. The bur­den of prov­ing that any Con­tent does not vio­late any laws or third par­ty rights rests sole­ly with you. All Dig­i­tal Mil­len­ni­um Copy­right Act mat­ters are processed pur­suant to our DMCA Pol­i­cy, which you may access via the DMCA link at the bot­tom of the page.

10. INAPPROPRIATE CONTENT. You agree not to upload, down­load, dis­play, per­form, trans­mit, or oth­er­wise dis­trib­ute any Con­tent that (a) is libelous, defam­a­to­ry, obscene, porno­graph­ic, abu­sive, or threat­en­ing; (b) advo­cates or encour­ages con­duct that could con­sti­tute a crim­i­nal offense, give rise to civ­il lia­bil­i­ty, or oth­er­wise vio­late any applic­a­ble local, state, nation­al, or for­eign law or reg­u­la­tion; © adver­tis­es or oth­er­wise solic­its funds or is a solic­i­ta­tion for goods or ser­vices; or (d) pro­vides med­ical advice to oth­er users. Com­pa­ny reserves the right to ter­mi­nate your receipt, trans­mis­sion, or oth­er dis­tri­b­u­tion of any such mate­r­i­al using the site, and, if applic­a­ble, to delete any such mate­r­i­al from its servers. Com­pa­ny intends to coop­er­ate ful­ly with any law enforce­ment offi­cials or agen­cies in the inves­ti­ga­tion of any vio­la­tion of these Terms or of any applic­a­ble laws.

11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When access­ing the Site, you agree to obey the law and to respect the intel­lec­tu­al prop­er­ty rights of oth­ers. Your use of the Site is at all times gov­erned by and sub­ject to laws regard­ing copy­right own­er­ship and use of intel­lec­tu­al prop­er­ty. You agree not to upload, down­load, dis­play, per­form, trans­mit, or oth­er­wise dis­trib­ute any infor­ma­tion or con­tent (col­lec­tive­ly, ”Con­tent”) in vio­la­tion of any third party’s copy­rights, trade­marks, or oth­er intel­lec­tu­al prop­er­ty or pro­pri­etary rights. You agree to abide by laws regard­ing copy­right own­er­ship and use of intel­lec­tu­al prop­er­ty, and you shall be sole­ly respon­si­ble for any vio­la­tions of any rel­e­vant laws and for any infringe­ments of third par­ty rights caused by any Con­tent you pro­vide or trans­mit, or that is pro­vid­ed or trans­mit­ted using your account. The bur­den of prov­ing that any Con­tent does not vio­late any laws or third par­ty rights rests sole­ly with you.

12. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLEAS ISWITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This lim­i­ta­tion shall apply regard­less of whether the dam­ages arise out of breach of con­tract, tort, or any oth­er legal the­o­ry or form of action.

14. AFFILIATED SITES. We have no con­trol over and no lia­bil­i­ty for any third par­ty web­sites or mate­ri­als. We work with a num­ber of part­ners whose Inter­net sites may be linked with the Site. Because we have no con­trol over the con­tent and per­for­mance of these part­ner and affil­i­ate sites, we make no guar­an­tees about the accu­ra­cy, cur­ren­cy, con­tent, or qual­i­ty of the infor­ma­tion pro­vid­ed by such sites, and we assume no respon­si­bil­i­ty for unin­tend­ed, objec­tion­able, inac­cu­rate, mis­lead­ing, or unlaw­ful con­tent that may reside on those sites. Sim­i­lar­ly, from time to time in con­nec­tion with your use of the Site, you may have access to con­tent items (includ­ing, but not lim­it­ed to, web­sites) that are owned by third par­ties. You acknowl­edge and agree that we make no guar­an­tees about, and assumes no respon­si­bil­i­ty for, the accu­ra­cy, cur­ren­cy, con­tent, or qual­i­ty of this third par­ty con­tent, and that, unless express­ly pro­vid­ed oth­er­wise, these Terms of Use shall gov­ern your use of any and all third par­ty content.

15. PROHIBITED USES. We impose cer­tain restric­tions on your per­mis­si­ble use of the Site. You are pro­hib­it­ed from vio­lat­ing or attempt­ing to vio­late any secu­ri­ty fea­tures of the Site, includ­ing, with­out lim­i­ta­tion, (a) access­ing con­tent or data not intend­ed for you, or log­ging onto a serv­er or account that you are not autho­rized to access; (b) attempt­ing to probe, scan, or test the vul­ner­a­bil­i­ty of the Site, or any asso­ci­at­ed sys­tem or net­work, or to breach secu­ri­ty or authen­ti­ca­tion mea­sures with­out prop­er autho­riza­tion; © inter­fer­ing or attempt­ing to inter­fere with ser­vice to any user, host, or net­work, includ­ing, with­out lim­i­ta­tion, by means of sub­mit­ting a virus to the Site, over­load­ing, ”flood­ing,” ”spam­ming,” ”mail bomb­ing,” ”crash­ing” or insti­tut­ing a ”DDOS” attack on the Site; (d) using the Site to send unso­licit­ed e‑mail, includ­ing, with­out lim­i­ta­tion, pro­mo­tions, or adver­tise­ments for prod­ucts or ser­vices; (e) forg­ing any TCP/IP pack­et head­er or any part of the head­er infor­ma­tion in any e‑mail or in any post­ing using the Site; or (f) attempt­ing to mod­i­fy, reverse-engi­neer, decom­pile, dis­as­sem­ble, or oth­er­wise reduce or attempt to reduce to a human-per­ceiv­able form any of the source code used by us in pro­vid­ing the Site. Any vio­la­tion of sys­tem or net­work secu­ri­ty may sub­ject you to civ­il and/or crim­i­nal liability.

16. INDEMNITY. You agree to indem­ni­fy us for cer­tain of your acts and omis­sions. You agree to indem­ni­fy, defend, and hold harm­less Com­pa­ny, its affil­i­ates, offi­cers, direc­tors, employ­ees, con­sul­tants, agents, and rep­re­sen­ta­tives from any and all third par­ty claims, loss­es, lia­bil­i­ty, dam­ages, and/or costs (includ­ing rea­son­able attor­ney fees and costs) aris­ing from your access to or use of the Site, your vio­la­tion of these Terms of Use, or your infringe­ment, or infringe­ment by any oth­er user of your account, of any intel­lec­tu­al prop­er­ty or oth­er right of any per­son or enti­ty. We will noti­fy you prompt­ly of any such claim, loss, lia­bil­i­ty, or demand, and will pro­vide you with rea­son­able assis­tance, at your expense, in defend­ing any such claim, loss, lia­bil­i­ty, dam­age, or cost.

17. COPYRIGHT. All con­tents of Site or Ser­vice are: Copy­right © ’ . 2017 .’ ’. The Phoenix Centre .’.

18. SEVERABILITY; WAIVER. If, for what­ev­er rea­son, a court of com­pe­tent juris­dic­tion finds any term or con­di­tion in these Terms of Use to be unen­force­able, all oth­er terms and con­di­tions will remain unaf­fect­ed and in full force and effect. No waiv­er of any breach of any pro­vi­sion of these Terms of Use shall con­sti­tute a waiv­er of any pri­or, con­cur­rent, or sub­se­quent breach of the same or any oth­er pro­vi­sions here­of, and no waiv­er shall be effec­tive unless made in writ­ing and signed by an autho­rized rep­re­sen­ta­tive of the waiv­ing party.

19. NO LICENSE. Noth­ing con­tained on the Site should be under­stood as grant­i­ng you a license to use any of the trade­marks, ser­vice marks, or logos owned by us or by any third party.

20. UNITED STATES USE ONLY. The Site is con­trolled and oper­at­ed by Com­pa­ny from its offices in the State of Cal­i­for­nia. The domain of the web­site is reg­is­tered in the Unit­ed States and the Site is host­ed in the Unit­ed States. The intend­ed audi­ence for this site con­sists of indi­vid­u­als in the Unit­ed States only. Com­pa­ny makes no rep­re­sen­ta­tion that any of the mate­ri­als or the ser­vices to which you have been giv­en access are avail­able or appro­pri­ate for use in oth­er loca­tions. Your use of or access to the Site should not be con­strued as Company’s pur­pose­ful­ly avail­ing itself of the ben­e­fits or priv­i­lege of doing busi­ness in any state or juris­dic­tion oth­er than Cal­i­for­nia and the Unit­ed States.

21. AMENDMENTS. Com­pa­ny reserves the right to amend these Terms. Should Com­pa­ny seek to make such an amend­ment, which we deter­mine is mate­r­i­al in our sole dis­cre­tion, we shall:

(a) Pro­vide you notice by email of said change 15 days pri­or to the change going into force, and
(b) Pub­lish on the home page the fact an amend­ment will be made.

Should a court of com­pe­tent juris­dic­tion rule this Amend­ment pro­vi­sion invalid, then this Amend­ment clause shall be ter­mi­nat­ed as part of this agree­ment. All amend­ments to the Terms shall be for­ward looking.

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