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PhiConnect.com User Agreement

The solution of PhiConnect Lite, PhiConnect Premium, PhiConnect Enterprise and any online solution of PhiConnect.com ("the Software Product") is licensed to the online subscribers only and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. PhiConnect.com or its subsidiaries, affiliates, and suppliers (collectively "PhiConnect") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, log-in, use online, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").  By using PhiConnect services, you are agreeing to the terms and policies of the Agreement that is effective at the time the service is used.
PhiConnect may change or modify the Agreement at any time at its discretion, without prior notice to you.

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION OR DOWNLOADING OR SIGN THIS AGREEMENT OR LOG-IN THE SOFTWARE PRODUCT OR BY INSTALLING, OR USING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO LOG IN OR USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, LOG IN OR COPY THE SOFTWARE PRODUCT

License Grant

This Agreement entitles you to install and use the Software Product online as monthly subscription base with fees on this agreement. This Agreement does not permit the installation or use of multiple subscriptions of the Software Product. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.

Restrictions on Transfer

Without first obtaining the express written consent of PhiConnect, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use

You may not permit the use, copying, or installation of the Software Product by more than one company. You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product. You must not hack the system to discover the source of online service. You must not copy or manipulate any source, html or other web scripts.

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY PHICONNECT, PHICONNECT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

THIS SITE IS SERVICED BY PHICONNECT ON AN "AS IS" BASIS. 

PHICONNECT MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE.  PHICONNECT MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION.

YOU MUST DETERMINE WHETHER THE ONLINE SERVICE AND THE SOFTWARE PRODUCT SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE ONLINE SERVICE AND SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. PHICONNECT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL PHICONNECT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF PHICONNECT OR ANY OTHER PARTY, EVEN IF PHICONNECT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS PHICONNECT'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages

Any claim must be made within the applicable warranty period. No warranties cover defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by PhiConnect to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold PhiConnect harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of PhiConnect. PhiConnect reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If PhiConnect is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

Final Checklist for End User License Agreement

Licensor: PhiConnect.com
Software Product: PhiConnect Lite, PhiConnect Premium, PhiConnect Enterprise or any other online service under PhiConnect

Make It Legal

This Agreement might request signatures offline and it doesn't require online.

Fee Schedule

PhiConnect has rights to charge listing fees, monthly fees, setup fees, and transaction fees on certain services.  PhiConnect has rights to change or alter any and all fees any time without a notice.

Copies

You should retain a copy of the Agreement for your records.

When to Consult a Lawyer
* A lawyer should be consulted regarding any unique issues not addressed by this program.

Reasons to Update

* Provide a new owner name following a sale of the copyright in the software or any change in the identity of the owner.
* Provide updated contact information and addresses for software returns or licensing inquiries.
* Provide new information to reflect changes in warranty conditions.

Other Terms and Conditions

* If your software is distributed over the Worldwide Web, you should require the licensee to accept the End User License Agreement before a copy may be downloaded.

PhiConnect reserves the right to monitor, cancel or void any transaction.  PhiConnect also reserves the right to refuse service to anyone for any reason, further reserves the right to terminate accounts in its sole discretion without prior notice given to you.

You have to timely pay all fees that are charged according to our Fee Schedule, which may change as deem necessary by PhiConnect. Unless otherwise noted, all fees are in U.S. dollars. Failure to pay fees on time may result in additional charges, suspension or cancellation of account, or actions taken by collection agency.

You will not utilize PhiConnect services for inappropriate purposes, such as soliciting PhiConnect users to engage in transactions outside of PhiConnect, obtaining personal information for the purpose other than completing the transaction, harvesting or collecting personal information, posting offensive contents, infringing on other people's copyrights, or engaging in illegal activities.

You will use your best judgment to list your items under appropriate category.  You must not list or sell any illegal products, adult items, prohibited items by U.S. laws and animal parts.  Any violation of listing items will be subject to terminate the service without notice.

You cannot hold PhiConnect responsible for other user's actions or inaction, offensive conducts or listings, and release PhiConnect of all liability from other user's conduct.

When you use PhiConnect services, you must respect other people's ownership, copyrights and trademark rights. You are strictly prohibited from using copyrighted materials or trademarks without the prior authorization from the respective owner. Your authorized use of the copyrighted materials or trademarks on our websites grant us the content license to publish the same on our websites royalties-free. You must have the full ownership right to the items that you list for sale.

You must agree that PhiConnect and its branches including PhiMart.com and PhiReviews.com can use any contents, pictures and descriptions of your own copyrighted materials without your consents anytime.

You shall defend, indemnify and hold PhiConnect harmless from and against any and all liabilities, suits, actions, claims, demands, damages, losses, expenses and costs of every kind and character suffered or incurred by or asserted or imposed against it and resulting from, connected with, or growing out of your action in any way connected to the use of PhiConnect services.

You take full responsibility for, but not limited to, applicable taxes, refunds, password security, accurate description of the items, compliance with any applicable law, and fulfillment of agreements with PhiConnect and other users.

Content Copyright

All content and software used on this site is the property of PhiConnect and its branches and protected by US and international copyrights.  The content and software used on this site must be used as a selling management resource only.  Any misuse including the distribution, display, republication, reproduction and manipulation is prohibited.

Use of This Site

PhiConnect and its affiliates have rights to terminate service, revoke accounts, refuse service and/or cancel orders in its discretion without warning and limitation if PhiConnect and its affiliates believe that users and clients violates terms and conditions of PhiConnect  and its affiliates service and laws. PhiConnect has rights to terminate service, revoke accounts, refuse service and/or cancel orders if PhiConnect believes that customer usage is not beneficial for PhiConnect and its affiliates or is harmful to the interests of PhiConnect and its affiliates.

Copyright Infringement

If PhiConnect receives any complaint or notice regarding intellectual property infringement, PhiConnect can stop service and/or terminate service without a prior warning until any infringement issue is compromised or solved.  PhiConnect is only service program based on software.  PhiConnect doesn’t have any specialty to determine the originality of pictures, descriptions and copyrights.  Any infringement issue must be solved between involved parties.

Links to Third Party Sites

The PhiConnect contain some links to other Web Sites ("Linked Sites").  PhiConnect does not have any control for the Linked Sites and PhiConnect is not responsible for contents and service of Linked Sites including with no limitation any link, changes, contents, changes to a Linked Site.

Using materials submitted by customers

PhiConnect and its affiliates are granted permission to use any materials uploaded or submitted by customers.  The permitted materials include pictures, prices, contents, descriptions, specifications, marketing materials, selling and buying behaviors, suggestions and feedbacks.  There will be no compensation to use any materials by PhiConnect and its affiliates.

Governing Law, Jurisdiction and Costs

In any dispute or claim you have against PhiConnect, you must first attempt in good faith to meet and confer and resolve the dispute or claim in question by submitting your claim in writing. If the dispute or claim in question is not resolved within sixty ( 60 ) days following the date the attempt to meet and confer to settle such dispute or claim was initiated, such dispute or claim shall be decided by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA") or Judicial Arbitration And Mediation Services, Inc. ("JAMS") in Los Angeles County, California. This election between AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The parties to arbitration may agree in writing to choose different rules and/or arbitrator(s). In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9, of the California Code of Civil Procedure. Judgment upon the award rendered by the arbitrator(s) may be entered into in any court having jurisdiction thereof. The parties shall have the right to discovery in accordance with the California Code of Civil Procedure, Section 1283.05.

The use of PhiConnect services shall be governed by and construed in accordance with the laws of the State of California.

Under certain circumstances that the arbitration clause does not apply, the parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the Central District of the Los Angeles County Superior Court or in the Western Division of the United States District Court in the Central District of the State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than those specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Los Angeles, State of California as stated above shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

You have read and agree with the following provisions:

1. Fee Schedule
2. Listing Policies and Prohibited Items
3. Copyright and Trademark Claims
4. Privacy Policy

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