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Terms of Use

Thank you for reading these Sandberg Phoenix Terms & Conditions, please read them carefully before using the Sandberg Phoenix Site and Services. Through the Sandberg Phoenix website www.sandbergphoenix.com (the "Site") and via other means, sandbergphoenix.com, (doing business as "Sandberg Phoenix" or “firm”), provides a platform for clients, individuals and organizations to contact us for information, respond to surveys, subscribe to receive information, or register for webinars, conferences and other related activities, with third-party companies and other entities and persons (the "Third Parties"). The Sandberg Phoenix marketplace, platform, and related functionality, whether provided through the Site or through other means, are collectively referred to as the services (the "Services"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By using the Site and Services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these Terms & Conditions, you must not use the Site or Services. Your continued use of the Site or Services will constitute your acceptance of these Terms & Conditions, as they may be modified by Sandberg Phoenix from time to time, with or without notice to you. Please check this page regularly for updates to the Sandberg Phoenix Terms & Conditions.

1. Scope of Sandberg Phoenix’s Website

SandbergPhoenix.com, among other things, acts as a venue to allow users who comply with Sandberg Phoenix's policies to contact us for information, respond to surveys, subscribe to receive information, or register for webinars, conferences and other related activities. Sandberg Phoenix is not directly involved in the actual financial transaction between the user and the firm. As a result, and as described below in Section 4, Sandberg Phoenix cannot control any aspect of the financial transaction with Third Parties, and the Third Parties are solely responsible to you for all aspects of financial transactions. 

2. Permitted Use and Compliance with Laws

Sandberg Phoenix authorizes you to access, view and use the Site content and software (collectively, the "Sandberg Phoenix Property") solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Sandberg Phoenix Property. You may not engage in systematic retrieval of data or other content from the Sandberg Phoenix Property. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Sandberg Phoenix Property, or any portion of the Sandberg Phoenix Property, is strictly prohibited without the prior written permission of Sandberg Phoenix.

You agree that you will comply with all applicable laws, regulations and ordinances relating to the Site and Services, the Sandberg Phoenix Property or your use of them, and that in using the Site and Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.

3. Copyright and Trademarks

The Service and its original content, features and functionality are and will remain the exclusive property of Sandberg Phoenix and its licensors Except as otherwise indicated, all materials in the Site, including without limitation the Sandberg Phoenix logo and other Sandberg Phoenix trademarks and service marks, are the property of Sandberg Phoenix and/or its affiliates or licensors, including the Third Parties, and are protected by state and federal copyright and trademark laws, all rights reserved. You may use materials obtained from the Site for the permitted purposes set forth in these Terms & Conditions, provided that the following copyright notice appears in all copies of any downloaded or printed materials: "© 2019 Sandberg Phoenix.com, Inc. All rights reserved." Any other use is prohibited.

4. Sandberg Phoenix Services and Third Party Services and Sites

The information and materials provided in the Site and through the Services are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to Sandberg Phoenix's Services. Sandberg Phoenix presents information from Third Parties through the Sandberg Phoenix Site and Services, including prices offered for your items, item descriptions, certain Third Party terms of service, and other information ("Third Party Information"). Sandberg Phoenix cannot control, and is not responsible for the accuracy of any Third Party Information. The actual purchase and other financial transactions directly with the Third Parties and, unless otherwise specifically and clearly indicated, not with Sandberg Phoenix. Sandberg Phoenix cannot control any aspect of your purchase and transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your sales and transactions. 

At times, the Sandberg Phoenix Site may have links to websites hosted by the Third Parties and other entities (the "Additional Sites"), or such Additional Sites may have links to the Sandberg Phoenix Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by Sandberg Phoenix of the Additional Sites. The Additional Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. Sandberg Phoenix does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Additional Sites. You should read the privacy policies and Terms & Conditions agreements of all Additional Sites.

5. Privacy and Passwords

Sandberg Phoenix values and protects the privacy of your information. Please review the Sandberg Phoenix Privacy Policy, as it contains important information relating to your use of the Site and Services. Some portions of the Site are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify Sandberg Phoenix immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if Sandberg Phoenix believes that any unauthorized access may occur or has occurred, Sandberg Phoenix may terminate access without prior notice to you. You also agree that Sandberg Phoenix is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.

6. Customer Accounts 

a. Registration and Basic Account Terms: Members are visitors to the site and or those using the Services that choose to register or create an account with Sandberg Phoenix ("Customer "). Once registered, an account is created for each Customer ("Customer Account"). If you choose to register as a Customer, you represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current and complete registration and contact information, and keep your information updated; and (iii) your registration and your use of the Services are not prohibited by law. We reserve the right to suspend or terminate your Customer Account, or your access to the Site and or Services, in the event that you breach any of the Terms & Conditions or other applicable Sandberg Phoenix policies.

b. Password and Account Security: In connection with your Account, you will create a Password and a User ID. You are responsible for keeping your Password and confidential and secure, and you are responsible for all actions taken using your Password.

c. Age: To create an Account or to otherwise use this Website, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater.

7. Inactive Accounts

a. Inactive Status: A Customer’s Account may be set to inactive if there is no activity associated with that Account for _____ 360.

8. Warranty Exclusions and Limitations of Liability

In no event shall Sandberg Phoenix nor its shareholders, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions, Personal Identifiable Information, or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Sandberg Phoenix its subsidiaries, affiliates, and its licensors do not warrant that: (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements. 

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND SANDBERG PHOENIX WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR SANDBERG PHOENIX SERVICES, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE SANDBERG PHOENIX PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

IN ANY EVENT, SANDBERG PHOENIX'S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE SANDBERG PHOENIX PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO US, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

9. Indemnity

Customer agrees to indemnify and hold Sandberg Phoenix, its licensee and licensors, and their employees, contractors, agents, officers and directors our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out, directly or indirectly, of (i) your access to or use of Services and use of the Website; (ii) any content obtained from the Website or Service; and (iii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; (iv) your violation of these Terms & Conditions, or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Sandberg Phoenix reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Sandberg Phoenix. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. Applicable Law, Jurisdiction, Compliance

You and Sandberg Phoenix agree that all matters arising from or relating to the use and operation of the Site and/or the Services will be governed by the substantive laws of the State of Missouri, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Site and/or the Services will be heard and resolved in the federal and state courts located in St. Louis, Missouri. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

11. Miscellaneous Provisions

No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms & Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms & Conditions, "including" means "including but not limited to." If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms & Conditions set forth the entire agreement between you and Sandberg Phoenix regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms & Conditions constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.

12. Information Collection, Use, and Sharing

By submitting any Sandberg Phoenix contact, registration, or other similar form you understand that you may be contacted by a Sandberg Phoenix representative or a representative. You may be contacted via telephone, email, text, or prerecorded message regarding Sandberg Phoenix programs, offers, events, announcements, and offers from Sandberg Phoenix's third party marketing partners. If you respond to any such communication, your information will be subject to Sandberg Phoenix’s Privacy Policy and third party's terms and conditions, as applicable.

By providing us your phone number and/or e-mail address, you grant Sandberg Phoenix permission for the use of text messages, prerecorded voice or and/or automatic telephone dialing systems to contact you, electronic mail, and/or deliver Sandberg Phoenix related information, offers or announcements. You also agree that Sandberg Phoenix may attempt to contact you via any telephone number or e-mail address you provide, even if it is a mobile telephone number which may result in charges to you. You can opt out from Sandberg Phoenix email messaging at any time.

13. Disclaimers 

The use, access to www.sandbergphoenix.com, the sue of Services described herein, sending an email to someone affiliated with us, or submitting information via an electronic or written form, creating a Customer Account does not create an attorney-client relationship. Furthermore, we cannot represent anyone unless we know that doing so would not be a conflict of interest, or would require us to practice law in states or courts where we are not licensed to practice or give advice. Accordingly, if you communicate with us through the Website or otherwise in connection with a matter for which Sandberg Phoenix do not already represent you, your communication may not be treated as privileged or confidential and does not create an attorney-client relationship between you and Sandberg Phoenix. Please do not send us information about representing you in a potential legal matter unless you cleared the matter with a Sandberg Phoenix attorney directly involved with your matter. Any unsolicited communication without proper authorization may not be treated as privileged or confidential.

No assurance of the completeness, comprehensiveness, correctness, or currency of the information included in this website is given. The materials and information presented in the Website are for informational purposes are not legal advice and should not be relied upon or construed as legal advice. Any views or opinions expressed do not necessarily reflect the view or opinion of the Firm, its attorneys, or its clients. The information provided in this website does not create an attorney-client relationship.

Pursuant to Internal Revenue Service Circular 230 governing written tax advice, unless otherwise expressly indicated, any tax advice contained in this communication, including attachments, may not be used or relied upon for the purposes of (i) avoiding any penalties that may be imposed by any governmental taxing authority or agency, or (ii) promoting, marketing or recommending any tax-related matters addressed herein to another party.

We realize that the information provided in this website might be considered to constitute advertising in some jurisdictions. The hiring of an attorney is an important decision that should not be based solely upon the information provided in this website regarding the experience and qualifications of our attorneys. We do not intend or desire to represent any client based upon their review of any portion of this website that does not comply with the legal or ethical requirements for that client’s jurisdiction.

Links to other resources on the Internet are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we or any of our attorneys is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

To the extent that the designation of a principal office and/or a responsible attorney with respect to this website is required, we designate our St. Louis, Missouri, USA office as our principal office and designate Bhavik Patel as our responsible attorney. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

14. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

16. Contact Us

If you have any questions about these Terms, please contact us at help@sandbergphoenix.com.