| The
DNA LifePrint website has been made available to you subject to
your compliance with the terms and conditions set forth below (the
"Conditions of Use"). Please read this document carefully
before accessing or using the Phoenix Eight website. By accessing
or using this website, you are agreeing to be bound by the Conditions
of Use. If you do not wish to be bound by the Conditions of Use,
you may not access or use the website.
Modification of these Conditions of Use
DNA
LifePrint reserves the right to change the terms, conditions, and
notices at any time, and such modifications shall be effective immediately
upon posting of such changes. You are therefore responsible for
regularly reviewing these Conditions of Use and additional terms
or notices posted on the Phoenix Eight website. Your continued access
of this website shall be deemed your conclusive acceptance of the
modified agreement.
Privacy
Please review our Privacy Policy, which also governs your visit
to DNA LifePrint, to understand our practices regarding the use
and disclosure of your personal information.
Electronic Communications
When you visit DNA LifePrint or send e-mails to us, you are communicating
with us electronically, and thereby you are consenting to receive
communications from us electronically or by other means available.
We will communicate with you electronically, by telephone or by
facsimile. It is further understood that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communication be in writing.
Copyright and Licenses
The entire contents of this website, including but not limited to:
Text, graphics, logos, button icons, Flash movies, images, audio
clips, digital downloads, data compilations, and software, are the
property of DNA LifePrint, its content suppliers or it's clients
and are protected by Domestic and International copyright and trademark
laws. You may not modify, copy, reproduce, republish, upload, post,
transmit, or distribute any portion of the website contents without
the prior express written consent of DNA LifePrint.
You may print or download portions of the materials from various
areas of this website solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials. If you believe any content appearing
on our website constitutes a copyright infringement of another parties
rights, please contact us immediately at legal@phonenixeight.com
to notify us of this infringement.
Your submissions of files including, but not limited to: Resumes,
e-mail, flash movies, images, logos, audio loops, and other software
hereby constitutes your agreement to grant DNA LifePrint a non-exclusive,
royalty-free, worldwide, sub-licensable, perpetual license, to reproduce,
distribute, transmit, modify, adapt, sub-license, and publicly display
any such submissions. You also grant DNA LifePrint the right to
utilize your name in connection with all advertising, marketing
and promotional materials related thereto.
License and Website Access
DNA LifePrint grants you limited license to access and make personal
use of this website and not to download (other than for page caching
purposes) or modify it, or any portion of it, except with the express
written consent of DNA LifePrint. This website or any portion of
this website may not be reproduced, duplicated, adapted, copied,
sold, resold, transmitted or otherwise exploited for any commercial
purpose without the express written consent of DNA LifePrint. You
may not frame, or use any framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text,
flash movie, page layout, or form) of DNA LifePrint without the
express written consent of DNA LifePrint. You may not use META tags
or any other "hidden text" which utilize Phoenix Eight.com,
Phoenix Eightstudios.com, DNA LifePrint or any other derivative
of our domain or company name without the express written consent
of DNA LifePrint. You are hereby granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of DNA
LifePrint so long as the link does not portray any false, misleading,
derogatory, or otherwise offensive matter.
It is further understood and agreed that DNA LifePrint cannot and
does not guarantee or warrant that files made available for downloading
through the Phoenix Eight website will be free of infection or viruses,
worms, Trojan horses or other code that manifests contaminating
or destructive properties. It is your responsibility for implementing
sufficient safeguards and procedures to ensure that any files obtained
through DNA LifePrint are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY DNA LifePrint
ON AN "AS IS" AND "AS AVAILABLE" BASIS. DNA
LifePrint MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON
THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DNA LifePrint
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. DNA LifePrint DOES NOT WARRANT THAT THIS WEBSITE,
ITS SERVERS, OR E-MAIL SENT FROM DNA LifePrint ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. DNA LifePrint WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
DNA LifePrint USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE
INFORMATION ON THIS WEBSITE. DNA LifePrint ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS
IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED
AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, DNA LifePrint
SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE
PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY DNA LifePrint
IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO DNA LifePrint
FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT
THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Third Party Links
Linked websites are not under the control of DNA LifePrint and DNA
LifePrint is not responsible for the contents of any linked site
or any link contained in a linked site. DNA LifePrint provides links
to you only as a convenience, and the inclusion of any link does
not imply or constitute an endorsement by DNA LifePrint of the site.
Applicable Law
By visiting the DNA LifePrint website, you agree that the laws of
the state of Florida, without regard to principals of conflict of
laws, will govern these Conditions of Use and any dispute of any
sort that might arise between you and DNA LifePrint.
Disputes
Any dispute relating in ay way to your visit or access of the DNA
LifePrint website or to the products or services you purchase through
the DNA LifePrint website shall be submitted to binding arbitration
in Volusia, Florida, except that, to the extent you have in any
manner violated or threatened to violate DNA LifePrint' intellectual
property rights, DNA LifePrint may seek injunctive or other appropriate
relief in any state or federal court in the state of Florida, and
you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Conditions of Use shall be conducted under
the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Conditions
of Use shall be joined to an arbitration involving any other party
subject to these Conditions of Use, whether through class arbitration
proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless DNA LifePrint,
its officers, directors, owners, partners, employees, agents, licensors,
suppliers and any third party information provider to the website
from and against all losses, expenses, damages and costs, including
attorney's fees, resulting from any violation of these Conditions
of Use (including negligent or wrongful conduct) by you or your
use and access of the Phoenix Eight website.
International Use
Given the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, privacy, copyright, and trademark infringement. Additionally,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside.
Other Provisions
DNA LifePrint failure to insist upon or enforce strict performance
of any provision of these Conditions of Use shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of these Conditions of Use. DNA LifePrint may assign its rights
and duties under these Conditions of Use to any party at any time
without notice to you. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity or enforceability
of any remaining condition. Any rights not expressly granted herein
are reserved.
Request and Address
Please
send notices by care of our Mailing Address:
DNA LifePrint
2240 SW 70 Ave H1
Davie FL 33317 |
