Terms Of Service

Thank you for visiting phronesis.us (this “Website” or “Site”), which is owned by Phronesis LLC. These Terms of Service (“Terms of Service”) govern your use of this Website.

Effective Date

This policy went into effect on July 2, 2020.

Your Acceptance of These Terms of Service

You acknowledge and agree that the following Terms of Service, including the Privacy Statement posted on this Website, shall govern your use of each and every page of this Website and the provision of both free and subscription-only information to you by or through this Website. Your user agreement with Phronesis LLC will consist of these Terms of Service (including the Privacy Statement).

By accessing and using this Website you are agreeing to comply with and be bound by these Terms of Service. If you do not agree to these Terms of Service, you may not access or use this Website.

Questions Concerning These Terms of Service

If you have any questions about this Website or these Terms of Service, please contact us by email at info@phronesis-design.com.

These Terms of Service May Change

We reserve the right to update or modify these Terms of Service at any time, without prior notice, by posting the revised version of these Terms of Service behind the link marked “Terms of Service” at the bottom of each main category page of this Website. These changes will be effective as of the date we post the revised version on this Website. Your continued use of this Website after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service. Your only right with respect to any dissatisfaction with any revisions to the Terms of Service is to discontinue your use of this Website.

We will notify you of any changes by posting the new Terms of Service on this page. We will also update the “effective date” at the top of the document page. If more than sixty days goes by between your visits to this Website, be sure you check the effective date to see if these Terms of Service have been revised since your last visit.

You may access the current version of these Terms of Service at any time by clicking on the link marked “Terms of Service” at the bottom of each page of this Website.

Your Acceptance of Our Privacy Statement

By agreeing to these Terms of Service, you agree to the terms of our Privacy Statement, which is expressly incorporated herein. Before using this Website, please carefully review our Privacy Statement. All personal data provided to us as a result of your use of this Website will be handled in accordance with our Privacy Statement.

Ownership of this Website and its Content

This Website, including all of the software and code comprising or used to operate this Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website, including without limitation content submitted by users of this Website (collectively “Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Phronesis LLC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright, trademark, and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to Phronesis LLC, its vendors and/or licensors.

The presence of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Any unauthorized use by you may subject you to penalties or damages. Phronesis LLC will enforce its intellectual property rights to the full extent of the law.

You may not use this Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use this Website or any of its Content to compete in any manner with Phronesis LLC, nor may you resell or redistribute this Website’s content without prior express written consent of management of Phronesis LLC. You may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of this Website or any data or Content found on or accessed through this Website without prior express written consent of management of Phronesis LLC. You may not use this Website to obtain or attempt to obtain through any means any materials or information on this Website that has not been intentionally made publicly available either by public display on this Website or through accessibility by a visible link on this Website. You may not use this Website in a manner that would violate the security of this Website or attempt to gain unauthorized access to this Website, data, materials, information, computer systems, or networks connected to any server associated with this Website through hacking, password mining or any other means.

In consideration of your use of this Website, you agree to provide true, accurate, current, and complete information about yourself and to update that information as necessary. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity.

You agree not to upload or transmit through this Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of this Website, any activities conducted on or through this Website or any servers or networks connected to this Website, including accessing any data, content, or other information prior to the time that it is intended to be available to the public on this Website. Phronesis LLC reserves the right to limit the number of projects, contacts, and companies that can be viewed during any given time period. Phronesis LLC reserves the right to validate business authenticity as needed or required to support proper use of the Website.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and to display, download, or print portions of this Website on a temporary basis and for your personal and educational use only, provided that you: (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media; and (iv) you do not use the Content to compete with Phronesis LLC.

Violation of copyrights

Phronesis LLC does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Website or has been otherwise copied and made available on this Website in a manner that constitute copyright infringement, please notify us at info@phronesis-design.com. Your notice must include:

an electronic or physical signature of the copyright owner or 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 this Website (including the URL, title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
a written 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; and
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.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Trademarks

The Phronesis LLC names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Phronesis LLC. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Website are the property of their respective owners. You are not authorized to display or use the Phronesis LLC in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Website without the prior written permission of such owners. The use or misuse of the Phronesis LLC Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on this Website as a “hot” link without the prior written approval of the trademark owner.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE AND ALL OF ITS CONTENT (INCLUDING USER GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Phronesis LLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Phronesis LLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES: (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS WEBSITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON THIS WEBSITE, OR TO ANY WEBSITES WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WHILE Phronesis LLC STRIVES FOR ACCURACY, IT DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATABASE ON THIS WEBSITE. Phronesis LLC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED Phronesis LLC SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF Phronesis LLC. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS OF SERVICE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THIS WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON THIS WEBSITE OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

These Terms of Service give you specific legal rights and you may also have other rights, which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Service may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Service shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to Other Websites

This Website may provide links to other Websites operated by third parties. Because we have no control over third-party Websites, we are not responsible for the availability of those Websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Websites. Phronesis LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Websites. These Terms of Service do not apply to your use of third-party Websites; your use of such Websites is subject to the terms and policies of the owner of such Websites.

Use by Children

This Website is not intended for children or minors under the age of eighteen years without the permission of a parent or guardian. If you believe that a child has submitted personal information on or through this Website without the consent and supervision of a parent or guardian, please contact us by email at info@phronesis-design.com so that we can take appropriate action.

Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Interpretation

As used in these Terms of Service, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Service or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Phronesis LLC of any breach of any provision of these Terms of Service or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service.

Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.

Governing Law, Jurisdiction and Venue

You acknowledge and agree that although the information and materials on this Website may be read throughout the world, this Website is designed and intended for use in the United States, and that your use of this Website and these Terms of Service will be governed by the laws of the State of California applicable to contracts made and performed there, without regard to conflicts of law principles. If you access this Website from another country, you are responsible for compliance with any and all applicable local laws. If the information and materials on this Website do not conform to the laws of the country where you access this Website, the information is not meant for you. Phronesis LLC makes no representation that the information and materials contained on this Website are appropriate outside the United States. You agree that in the event that any dispute arises under these Terms of Service or in connection with your use of this Website, the laws of the State of California shall apply without regard to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in San Diego County, California and further agree that the states and federal courts located in San Diego County, California shall be the exclusive venue for the resolution of any dispute between Phronesis LLC and you.

Indemnity

You agree to indemnify and hold Phronesis LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website in violation of these Terms of Service and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above and/or if any content that you post on or through this Website causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Entire Agreement

These Terms of Service together with our Privacy Statement contain the entire understanding and agreement between you and Phronesis LLC with respect to this Website and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and Phronesis LLC with respect to this Website and your use of this Website.