Terms - ProPhoenix Public Safety Software

ProPhoenix.com Website Terms of Use

ACCEPTANCE OF TERMS

We are Chenosa Systems Corporation, a New Jersey corporation doing business as “ProPhoenix Corporation.” We offer access to this Site (as defined below) to you subject to these Terms of Use, which we may revise occasionally without notice, other than posting them at this location on this Site. Please check the Terms of Use periodically. Use of the Site constitutes your acknowledgement and acceptance of these Terms of UseAny unauthorized use of the Site will terminate the permission granted by these Terms of Use and may violate copyright, trademark, and other laws.

In these Terms of Use, we refer to ourselves as “ProPhoenix,” “we,” “us,” “our,” etc. Also, throughout these Terms of Use, the “Site” means the website www.prophoenix.com. Later in these Terms of Use, other words are capitalized (and shown in bold the first time they appear) to define terms with specific meanings when they are used again.

PERMITTED USE OF THE SITE

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content“) solely for your non-commercial, personal purposes and/or to learn about ProPhoenix products and services, and solely in compliance with these Terms of Use.

PROHIBITED USE OF THE SITE

By accessing the Site, you agree that you will not:

Use the Site in violation of these Terms of Use;
Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content in any way;
Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the ProPhoenix servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Use the Site in any manner that damages, disables, overburdens, or impairs any ProPhoenix website or interferes with any other party’s use and enjoyment of the Site;
Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms of Use.

Any unauthorized use of any Content or the Site may violate copyright, trademark, and other laws.

RESPECT OF COPYRIGHT AND OTHER PROPRIETARY RIGHTS

You acknowledge and agree that the Site and any necessary software used in connection with the Site contain proprietary and confidential information that may or may not be protected by applicable intellectual property rights and other laws. Some of the information provided to you through the Site, by advertisers and other parties, may be protected by copyrights, trademarks, patents, service marks, or other proprietary rights and laws. You agree not to (or allow any third party to) copy, modify, create any derivative works of, reverse engineer or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or the software that operates the Site (the “Software”), in whole or in part. You may not copy any portion of the Site for the purpose of developing any similar websites.

Except as expressly stated in these Terms of Use, you are not given any right or license in or under any patent, trademark, copyright, or proprietary right of ProPhoenix or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part.

LINKS TO THIRD PARTY SITES

You understand and agree that the Site may provide, or third parties may provide, links to other websites or resources. Because ProPhoenix has no control over those sites and resources, you acknowledge and agree that ProPhoenix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources or for the sites that these sites may link to, including any changes or updates to such sites. You also agree that ProPhoenix will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. ProPhoenix allows these links as a convenience to the User, and the inclusion of any link does not imply endorsement by ProPhoenix of the Site or any association with its operators.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

By accessing the Site, you expressly understand and agree that:

Your use of the Site is at your sole risk. The Site is provided on an AS IS and AS AVAILABLE basis to the fullest extent permissible pursuant to applicable law. PROPHOENIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ProPhoenix makes no warranty that that the Site or the servers that make the Site available are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPHOENIX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF PROPHOENIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY OF USE OF THE SERVICE, OR THE MATERIALS OR CONTENT ON THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF CONTENT; (4) STATEMENTS OF CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE. IN ADDITION, NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL EXCEED THE TOTAL AMOUNT PROPHOENIX RECEIVED FROM YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

You acknowledge and agree that ProPhoenix will not be held responsible or liable for any unlawful or otherwise improper acts performed by any third parties. This includes, but is not limited to, acts of hacking or any other means of transmitting viruses, deleting files, obtaining or misusing personally identifiable data, corrupting data, or otherwise interfering with the Site.

Some jurisdictions do not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental, or consequential damages, accordingly, some of the above limitations of the sections above may not apply to you.

PRIVACY

Your use of the Site is subject to ProPhoenix’s Privacy Policy, available at www.prophoenix.com/privacy-policy.

GENERAL PROVISIONS

Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ProPhoenix of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ProPhoenix therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ProPhoenix does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum.If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, ProPhoenix’s Privacy Policy, your use of the Site, any other ProPhoenix web site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New Jersey, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Newark, New Jersey, in the event of any dispute of any kind arising from or relating to these Terms of Use, ProPhoenix’s Privacy Policy, your use of the Site, any other ProPhoenix web site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment. ProPhoenix may assign its rights and duties under these Terms of Use to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable.

CLAIMS OF COPYRIGHT INFRINGEMENT - DMCA NOTICES

If you believe that any Content on the Site infringes on your copyright, or otherwise violates ProPhoenix’s Terms of Use, please contact us to report irregularities with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Site.
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.

Send notice of claims of copyright infringement by email to [email protected] or by registered mail to:

Attn: Legal

ProPhoenix Corporation

502 Pleasant Valley Avenue

Moorestown, NJ. 08057

QUESTIONS?

If you have any questions about these Terms of Use, please email us at at [email protected], or you can write us at: