Terms and Conditions

By continuing to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you, in relation to this website. If you disagree with any part of these terms of use, please stop using our website.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. This website uses cookies to monitor browsing preferences. Please see our Privacy Policy for more information about the use of cookies.

Some parts of our website include registration forms that require users to give us contact information (like your name), unique identifiers (such as your email address and/or telephone number), and other demographic information (like your address) in order for you to access all of the information we offer. Registration is optional; it is not required to use our website, but it is required before we may allow you to access certain information provided by our services.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this consumer application for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this consumer website is entirely at your own risk, and we accept no liability for your use of this information. It is your own responsibility to ensure that any products, services or information available through this consumer website meet your specific requirements.

This website contains material that is owned by or licensed to us. This “material” includes, but is not limited to, the design, layout, look, appearance, content and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms of use.

Any trademarks or service marks reproduced in this website which are not the property of, or licensed to, Phlotic, are the property of their respective owners.

From time to time this website may also include links to other consumer applications or posts from other users. These links and posts are provided for your convenience to provide further information. They do not signify that we endorse the consumer application(s) or the post. We have no responsibility for the content of the linked consumer application(s) or posts of other users except as expressly stated herein. We reserve the right to add, modify, remove all material of the consumer application in its sole and absolute discretion including, without limitation, links and posts.

Prohibited conduct

In using the Websites, you must not do any of the following:

Post, transmit or otherwise make available through the Websites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, Easter Egg, time bomb, spyware or other computer code, file or program (each, a “Virus”).

Post, transmit, or otherwise make available through the Websites any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

Use the Websites for any commercial purpose or otherwise use the Websites for processing data or other information on behalf of any third party.

Use the Websites for any purpose that is fraudulent or otherwise tortious or unlawful.

Interfere with or disrupt the operation of the Websites or the servers or networks used to make the Websites available, including by hacking or defacing any portion of any of the Websites; or violate any requirement, procedure or policy of such servers or networks.

Restrict or inhibit any other person from using the Websites.

Create or share content without first obtaining any necessary permissions from third parties or otherwise use the Websites to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest.

Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Websites except as expressly authorized herein, without Phlotic’s express prior written consent.

Reverse engineer, decompile or disassemble any portion of any of the Websites, except where such restriction is expressly permitted by applicable law.

Remove or alter any copyright, trademark or other proprietary rights notice on the Websites or content you access via the Websites.

Frame or mirror any portion of the Websites, or otherwise incorporate any portion of the Websites into any product or service, without Phlotic’s express prior written consent.

Systematically download and store Websites’ content. For the avoidance of doubt, caching of the Websites is permitted by a service provider acting in the normal course of its business where permitted under applicable law, such as under the UK Electronic Commerce (EC Directive) Regulations 2002.

Use any robot, spider, Websites search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Websites, (b) reproduce or circumvent the navigational structure or presentation of the Websites, or (c) harvest or collect information about users of the Websites without Phlotic’s express prior written consent.

If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Websites or take any other steps we consider appropriate.

Disclaimer

The information contained in this website is for general information purposes only. While we endeavor to keep the information up to date and correct, much of it is obtained from third parties and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to our website or the information, products, services, or related graphics contained on our website for any purpose. Any reliance you place on such information is strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profit, arising out of, or in connection with, your use of this consumer website.

Through this website you are able to link to other consumer applications which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not imply a recommendation or an endorsement of the views expressed within them.

Every effort is made to keep our consumer website up and running smoothly. However, we take no responsibility for, and will not be liable for, our website being temporarily unavailable due to technical issues beyond our control.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHLOTIC DISCLAIMS ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHLOTIC SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES - INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR LOSSES OR DAMAGES - THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold Phlotic and their insurers harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges, expenses and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from any content or information posted or transmitted by you using the Websites or otherwise arising out of your use of the Websites or use of the Websites by any third party who is given or gains access to the Websites due to your action or inaction. Your indemnification obligation to Phlotic includes but is not limited to any instance where one or more of your Submissions (a) infringes any Third Party Content or other third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

Phlotic has the right at any time to forego the indemnification and assume the defense of any claim. Notwithstanding the foregoing, it is not the intent of Phlotic to affect the rights of Phlotic or their insurers to assume the defense or settlement of any claim against Phlotic for which insurance coverage is sought under any applicable insurance policy.

You may print or download to a local hard disk extracts for your personal and non-commercial use only;

You may copy the content and share it with individual third parties for their personal use, but only if you acknowledge the consumer application as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other consumer application or other form of electronic retrieval system.

DMCA Notice

In accordance with Digital Millennium Copyright Act (DMCA) provisions that are applicable to Internet Service Providers (17 U.S.C. § 512), Phlotic takes the ownership of content very seriously, and has strict policy to protect ownership of content displayed on this site, or any subdomain, subdirectory, mega tag or the like. If you believe that your work and/or intellectual property has been posted on this site in a manner that infringes upon your copyright, please provide the following written information to our designated copyright agent below:

An electronic or physical signature of the person authorized to act on the behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A direct link to, or a full description of location of the infringing material upon this site, or a hosted subdomain;

Your address, telephone number, and email address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Please ensure that you are the lawful copyright owner or have right to the copyright under the requirements of the DMCA prior to sending notice to us. To contact Phlotic regarding any copyright matters, please reach out to us via the Contact Us link.

Amendments

We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will only amend these Terms if the provisions in the Terms are no longer appropriate or if they are incomplete, and only if the changes are reasonable. The latest, fully-amended version of these Terms will be published on the Websites. You are responsible for regularly reviewing the Websites to obtain timely notice of such amendments. If you continue to use the Websites after the effective date of any amendment, you will be conclusively deemed to have accepted such amended versions of these Terms.

Limitation Period

Any cause of action you may have with respect to these Terms or the Websites must be commenced within one year after the claim or cause of action arose, or it will be barred.

Assignment

We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

Relationship

You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Websites.

Entire Agreement

These Terms, as amended from time to time, including any and all documents, Websites, rules, terms and policies referenced herein, including but not limited to the Privacy Statement, constitutes the entire agreement between us and you with respect to your use of the Websites.

English Language

The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English.

Severability

If a particular term is found to be unenforceable, this will not affect any other terms.

Applicable Law

The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by the domestic laws of the State of Nevada, without giving effect to any provisions that would require the laws of another jurisdiction to apply and regardless of your location. The parties expressly disclaim the applicability of, and waive any rights based on, the Uniform Computer Information Transactions Act, the Uniform Commercial Code, or the United Nations Convention on Contracts for the International Sale of Goods, however each may be codified or amended.

ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SUBJECT MATTER OF THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND PHLOTIC UNDER THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL PANEL OF THREE ARBITRATORS INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT PHLOTIC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, nothing in these Terms will preclude either party from seeking equitable relief in a court having jurisdiction. The arbitration will be conducted in accordance with the Rules for Non-Administered Arbitration of the International Institute for Conflict Prevention and Resolution then in effect (“CPR Rules”). The arbitration will be conducted before a panel of three arbitrators selected using the screened process provided for in the CPR Rules. The arbitration panel will have no power to award non-monetary or equitable relief of any sort, or to award damages inconsistent with this Agreement. Judgment on any arbitration award may be entered in any court having jurisdiction. All aspects of the arbitration will be treated as confidential. You acknowledge and agree that any demand for arbitration must be issued within one (1) year from the date that you became aware or should reasonably have become aware of the facts that give rise to Phlotic’s alleged liability and in any event no later than two (2) years after the cause of action accrued.

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