TERMS OF USE

These Terms of Use govern www.bluephoenix.org, which is owned and operated by Blue Phoenix, LLC. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBWEBSITE. For purposes of these Terms of Use, any references to “this website” shall refer to www.bluephoenix.org.

By accessing or using this website, you agree to be bound by the terms and conditions set forth below. If you do not agree to these terms and conditions, you may not use or access this website. Blue Phoenix, LLC may modify or terminate these Terms of Use at any time without notice to you. Such modifications shall be effective immediately upon posting of the modification or change on this website. Blue Phoenix, LLC may change or discontinue this website, or any feature thereof, at any time without notice to you. By accessing or using this website, you agree to periodically review the Terms of Use to be aware of any modifications and your continued access or use of this website shall constitute as your conclusive acceptance of the modified agreement.

PRIVACY POLICY AND RESTRICTION OF MINORS

Please also review the Privacy Policy which also governs your use of and access to this website.

www.bluephoenix.org

This website is not directed to children under the age of thirteen (13) and Blue Phoenix, LLC will not knowingly collect any personally identifiable information from children under the age of thirteen (13). No one under the age of eighteen (18) years of age may use this website unless you are accompanied by a parent or legal guardian.

BINDING CONTRACT/VIOLATION OF TERMS AND CONDITIONS

By accessing and using www.bluephoenix.org, the user has entered into a valid contract and agrees to be bound by these Terms of Use. If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction. If any term or provision of these Terms of Use is invalid or unenforceable under the availing law, the invalid or unenforceable term or provision shall be supplanted by a valid and enforceable term or provision that best corresponds to the intent of the original term or provision.

Should user violate the terms and conditions of this Agreement or any other rights of Blue Phoenix, LLC reserves the right to pursue any and all legal and equitable remedies against user, including, without limitation, terminating any and all of user’s accounts on www.bluephoenix.org and demanding immediate and full payment of any and all costs, fees and expenses owed by user for use of this service. If Blue Phoenix, LLC should fail to enforce any right or provision of these Terms of Use, user agrees that this failure does not constitute a waiver of such right or provision or of any other right or provision set forth in the Terms of Use.

COPYRIGHTS and TRADEMARKS

©2013-2014 Blue Phoenix, LLC. All rights reserved.

All content of this website, including text, graphics, icons, images, videos, html code and the overall appearance of this website are the exclusive property of Blue Phoenix, LLC and are protected by all federal, state, and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, sell, distribute, or make any derivative works thereof, in any form or manner, the material on this website, including but not limited to the text, graphics, icons, images, videos, html code and/or any other component of this software. Any such use of this copyrighted material without the express prior written consent of Blue Phoenix, LLC, is strictly prohibited. You may print or copy the contents of this website solely for your own non-commercial use where and as permitted by law, provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Blue Phoenix, LLC is the owner of the trademark/service mark of BLUE PHOENIX, in standard character or design format (the “Mark”). The Mark is protected by United States trademark laws and any use of the Mark without the express prior written consent of Blue Phoenix, LLC is strictly prohibited.

All other marks that are not owned by Blue Phoenix, LLC are the intellectual property of those other owners, and Blue Phoenix, LLC claims no rights or duties toward the use or enforcement of the marks of others.

USE OF THE WEBSITE

You understand that, with the exception of information, products or services clearly identified as being supplied by Blue Phoenix, LLC, Blue Phoenix, LLC does not operate, control, sell or endorse any information, products or services offered by third parties on the Internet, including those which may be offered by links through www.bluephoenix.org. Blue Phoenix, LLC makes no representations whatsoever about any other website or information, products or services offered on www.bluephoenix.org or the Internet generally, and/or those which you may access through this website or which may link to this website. When you access a non- Blue Phoenix, LLC website, you understand that it is independent from Blue Phoenix, LLC and Blue Phoenix, LLC has no control over the content, accuracy, currency, quality, of any such websites or information, products or services on or offered by any such websites. Additionally, a link to the Blue Phoenix, LLC website does not mean that Blue Phoenix, LLC endorses or accepts any responsibility for the content or use of such web website.

LINKING

Linking to this website is prohibited without the prior express written consent of Blue Phoenix, LLC. Blue Phoenix, LLC assumes no responsibility for any errors or omissions, inaccuracies or content of www.bluephoenix.org, including contents that are referenced by or linked to third party web websites. Blue Phoenix, LLC makes no representations or warranties of any kind for the contents of www.bluephoenix.org or any third party websites.

SECURITY POLICY

Blue Phoenix, LLC has the utmost concern about the security of the information transmitted to its website. However, Blue Phoenix, LLC cannot absolutely guarantee the impregnability of any email transmissions or assure the confidentiality of credit card information transmitted to this website. Therefore, user acknowledges and assumes all risks associated with any personal or credit card information or content user may provide to Blue Phoenix, LLC or www.bluephoenix.org, and Blue Phoenix, LLC disclaims any liability for damages or losses which the user may incur as a result of personal or credit card information provided by or on behalf of the user.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Blue Phoenix, LLC, and/or its affiliates, directors, officers, employees, successors and assigns, or other representatives, from and against all losses, expenses, damages and costs, including reasonable attorneys fees as and when incurred, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or any person accessing www.bluephoenix.org through or on behalf of you.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT USER’S SOLE RISK. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE. BLUE PHOENIX, LLC PROVIDES THIS WEBSITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, WITH REGARD TO ANY SERVICE, INFORMATION OR PRODUCTS PROVIDED BY OR THROUGH THIS WEBSITE, ON ANY OTHER WEBSITE, OR ON THE INTERNET GENERALLY. FURTHERMORE, NEITHER BLUE PHOENIX, LLC NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS AND ASSIGNS, OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM USE OF THIS WEBSITE, ANY OTHER WEBSITE, OR THE INTERNET GENERALLY, OR FROM ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH THIS WEBSITE, ANY OTHER WEBSITE, OR ON THE INTERNET GENERALLY. BLUE PHOENIX, LLC MAKES NO REPRESENATIONS OR WARRANTIES REGARDING THE USE OF, OR RESULTS TO BE OBTAINED FROM, ANY PRODUCT, SERVICE OR CONTENT CONTAINED, PROVIDED, OR SOLD ON OR THROUGH THIS WEBSITE, ANY OTHER WEBSITE, OR THE INTERNET GENERALLY. BLUE PHOENIX, LLC DOES NOT WARRANT THE SECURITY OF ANY INFORMATION (INCLUDING WITHOUT LIMITATION PERSONAL OR CREDIT CARD INFORMATION) USER PROVIDES TO BLUE PHOENIX, LLC OR ANY THIRD PARTY. BLUE PHOENIX, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SERVICES, OR PRODUCTS AVAILABLE ON OR THROUGH THIS WEBSITE, ANY OTHER WEBSITE, OR ON THE INTERNET GENERALLY IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICING AND FEES IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO THE USER.

IT IS USER’S SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED BY OR THROUGH THIS WEBSITE, ANY OTHER WEBSITE, OR ON THE INTERNET GENERALLY. BLUE PHOENIX, LLC DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION, MATERIALS OR PRODUCTS PROVIDED BY OR THROUGH THIS WEBSITE, ON ANY OTHER WEBSITE, OR ON THE INTERNET GENERALLY.

USER IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL CLAIMS AGAINST BLUE PHOENIX, LLC WITH RESPECT TO INFORMATION, CONTENT, PRODUCTS, AND SERVICES PROVIDED BY OR CONTAINED ON THIS WEBSITE, ON ANY OTHER WEBSITE, OR THE INTERNET GENERALLY.

BLUE PHOENIX, LLC DOES NOT WARRANT THAT THIS WEBSITE, OR THE SERVERS THAT PROVIDE THIS WEBSITE, ARE FREE OF VIRUSES, WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. BLUE PHOENIX, LLC ALSO DISCLAIMS ANY RESPONSIBILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL FROM OR THROUGH THIS WEBSITE, ANY OTHER WEBSITE, OR THE INTERNET GENERALLY. BLUE PHOENIX, LLC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. USER ASSUMES THE ENTIRE COST OF ALL SERVICING AND REPAIR OF ANY OF USER’S EQUIPMENT, HARDWARE OR SOFTWARE WHICH MAY BE INCURRED BY USER’S USE OF OR ACCESS TO THIS WEBSITE.

NOTHING CONTAINED IN THIS WEBSITE, OR ANY PRODUCTS OR SERVICES OFFERED BY OR THROUGH THIS WEBSITE, IS A SUBSTITUTE FOR ADVICE OR TREATMENT BY A LICENSED MEDICAL PROFESSIONAL. IF USER HAS ANY CONCERNS ABOUT A SITUATION THAT REQUIRES MEDICAL ADVICE OR ATTENTION, USER SHOULD CONSULT A LICENSED MEDICAL PROFESSIONAL.

NOTHING CONTAINED IN THIS WEBSITE, OR ANY PRODUCTS OR SERVICES OFFERED BY OR THROUGH THIS WEBSITE, SHALL CONSTITUTE ANY PROMISE OR GUARANTEE OF ANY RESULTS OR EARNINGS. ANY USE OF FIGURES, GRAPHS OR NUMBERS ON THIS WEBSITE, OR IN ANY PRODUCTS OR SERVICES OFFERED BY OR THROUGH THIS WEBSITE, ARE PURELY FOR ILLUSTRATION PURPOSES ONLY AND USER AGREES AND ACKNOWLEGES THAT USER MAY NOT ACHIEVE THE SAME RESULTS OR EARNINGS.

NEITHER BLUE PHOENIX, LLC NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS AND ASSIGNS, OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING IN CONNECTION WITH USE OF THIS WEBSITE, ANY OTHER WEBSITE, OR THE INTERNET GENERALLY, INCLUDING BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, LEGALITY OR RELIABILITY OF CONTENT PRESENTED OR PRODUCTS PROVIDED BY OR THROUGH THIS WEBSITE, ANY OTHER WEBSITE, OR THE INTERNET GENERALLY, OR ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, OR DELAYS IN OPERATION OR TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, PERSONAL INJURY OR DEATH, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.

USER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. USER EXPRESSLY RELEASES BLUE PHOENIX, LLC AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS AND ASSIGNS, OR OTHER REPRESENTATIVES, FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS OR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGES, AND HEREBY WAIVES AND RELEASES THE FOREGOING FROM ANY SUCH CLAIMS, CAUSES OF ACTIONS OR DAMAGES.

IN THOSE STATES WHICH DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, BLUE PHOENIX, LLC’S LIABILITY IS LIMITED IN THOSE SITUATIONS TO THE GREATEST EXTENT PERMITTED BY LAW.

GOVERNING LAW

It is expressly agreed and understood that this contract is entered into in the Commonwealth of Kentucky and that the contract shall be construed and interpreted in accordance with the laws of the Commonwealth of Kentucky. By accessing this website, you agree and hereby submit to personal jurisdiction and venue within the Circuit Court of Jefferson County, Kentucky and the United States District Court for the Western District of Kentucky with respect to all matters regarding use of this website. All legal issues arising from or related to use of this website, including but not limited to use of the products and services offered by Blue Phoenix, LLC, shall be governed by the laws of the Commonwealth of Kentucky. Any legal suit, action or proceeding arising out of or related to the foregoing shall be instituted in the federal courts of the United States or the courts of the Commonwealth of Kentucky, located in the city of Louisville and County of Jefferson, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

COPYRIGHTS AND COPYRIGHT AGENT

Blue Phoenix, LLC respects the rights of all copyright holders. To that end, Blue Phoenix, LLC has adopted the following process to be used by copyright holders who believe their rights have been infringed by content posted on www.bluephoenix.org, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Blue Phoenix, LLC’s Copyright Agent (as defined below):
1. A physical or electronic signature of the person authorized to act on behalf of the copyrighted material that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including your physical and email addresses and phone number;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The contact details of the Copyright Agent for Blue Phoenix, LLC are:
Blue Phoenix, LLC
Attn: Copyright Agent
4500 Bowling Blvd.
Suite 100
Louisville, Kentucky 40207
Fax: (502) 891-4489

These Terms of Service were last updated on November 24, 2014.

EARNINGS DISCLAIMER

We don’t believe in get rich programs – only in hard work, adding value and service excellence. As stipulated by law, we can not and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. Your results in life are up to you and the amount of effort and resources that you are willing to put into succeeding. We just want to help by giving great content, direction and strategies that move you forward. Nothing on this page or any of our websites is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are simply estimates or projections, and should not be considered exact, actual or as a promise of potential earnings – all numbers are illustrative only. In fact, the average person who purchases programs like these never puts the work into implementing the strategies taught and therefore achieves little to no results. We feel transparency is important and we hold ourselves (and you) to a high standard of integrity. Thanks for reviewing.

PRIVACY POLICY

Blue Phoenix, LLC respects the privacy of the users of this website and personal electronic communication generally. By accessing and using www.bluephoenix.org, you agree to be bound by the terms of this Privacy Policy. For purposes of this Privacy Policy, any references to “this website” shall refer to www.bluephoenix.org. Please also see the Terms of Use for this website, which are incorporated herein by reference.

Although Blue Phoenix, LLC strives to protect its users’ privacy, security during Internet transmissions can never be assured and we cannot guarantee the security of any information provided by the user.

Users acknowledge and understand that non-personal information and data may be automatically collected through the standard operation of Blue Phoenix, LLC’s Internet webservers or through the use of “cookies.” “Cookies” are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Blue Phoenix, LLC uses cookies to keep track of its users interests, create personalized content, services and advertising relating to the services provided by this website. Users acknowledge and understand that Blue Phoenix, LLC cannot control the use of cookies or the resulting information by advertisers or third parties hosting data for Blue Phoenix, LLC. Users can decline cookies by modifying your browser and this website is viewable even if the user disables the cookies function. However, some features of this website may not be available to the user if the cookies function has been disabled.

This website contains links to other websites. Blue Phoenix, LLC is not responsible for the privacy practices or the content of such other websites.

Users may visit this website without giving Blue Phoenix, LLC any personally identifiable information, such as contact information (for example, name, home address and email address), unique identifiers and financial information (for example, payment account or credit card numbers). However, for example, if you register for a products or services at this website or otherwise voluntarily provide such information when you request information or contact us, you will be providing personally identifiable information. You do not have to provide this information, however, you will not be able to take advantage of these features.

User’s personally identifiable information is available to Blue Phoenix, LLC, and its technical and fulfillment agents, advertising agencies, and other partners and consultants of Blue Phoenix, LLC, which make Blue Phoenix, LLC’s website, products and services available to the User.

Blue Phoenix, LLC will not share your email address or other personally identifiable information with third parties for marketing purposes without your prior consent. Blue Phoenix, LLC does use your personally identifiable information to create personalized content, services, and advertising on or related to Blue Phoenix, LLC and the products and services provided on this website. Blue Phoenix, LLC also uses your personally identifiable information to create aggregate reports, which may be provided to our advertisers for promotional and advertising purposes. These reports do not contain any personally identifiable profile information. By using this website, user may provide information regarding his/her tastes, ratings, and preferences. Blue Phoenix, LLC uses the user’s personally identifiable information to send users information about the company and promotional materials from some of its partners or affiliates. User authorizes Blue Phoenix, LLC to use this information in connection with any online or off-line offering or any electronic mail offerings by Blue Phoenix, LLC directed to user. Blue Phoenix, LLC and its affiliates may use user’s email in connection with any such offering or campaign. Users can revoke permission for Blue Phoenix, LLC to send you mail at your email address at any time by using the SafeUnsubscribe® link found at the bottom of every email. Personally identifiable information may be used to verify the identity of users and may also be used as account numbers in Blue Phoenix, LLC’s record system.

Blue Phoenix, LLC collects users personally identifiable information to help us create and tailor the products and services we provide to our customers. This information may be shared with advertisers or investors on an aggregate basis to provide an overview of the people who use our web website. Blue Phoenix, LLC also uses information collected from users, whether that information automatically or voluntarily provided by or from a user, to help diagnose problems with its server and to otherwise administer, modify and update its website.

Notwithstanding the foregoing and in compliance with applicable laws, Blue Phoenix, LLC (1) will cooperate fully with state, local and federal officials in any investigation relating to any content or purported unlawful activities of any user and (2) take reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, Blue Phoenix, LLC may be required to disclose user’s personally identifiable information. In addition, Blue Phoenix, LLC may disclose any information collected from a user, including personally identifiable information or any of user’s content, records or electronic communication of any kind without prior notice to or consent of the user (i) to satisfy any law, regulation, or government request; (ii) to conduct investigations of consumer complaints or possible breaches of the law; (iii) to protect the rights, safety or property of users or others; (iv) to fulfill the user’s requests; (v) to protect Blue Phoenix, LLC or operate www.bluephoenix.org.

In addition to the foregoing, Blue Phoenix, LLC may transfer any information obtained or collected from the user, including any personally identifiable information or any of user’s content, records or electronic communication of any kind, to any successor or assign if it is sold to, merged with or otherwise transferred to another entity.

All legal issues arising from or related to the Privacy Policy shall be governed by the laws of the Commonwealth of Kentucky. Any legal suit, action or proceeding arising out of or related to the foregoing shall be instituted in the federal courts of the United States or the courts of the Commonwealth of Kentucky, located in the city of Louisville and County of Jefferson, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Further, user’s rights regarding any dispute over privacy is subject to Blue Phoenix’s Terms of Use, including but not limited to disclaimers and limitations of liability.

If any term or provision of the Privacy Policy is deemed to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Privacy Policy or invalidate or render unenforceable such term or provision in any other jurisdiction. If any term or provision of the Privacy Policy is invalid or unenforceable under the availing law, the invalid or unenforceable term or provision shall be supplanted by a valid and enforceable term or provision that best corresponds to the intent of the original term or provision.

If you do not agree to these terms of the Privacy Policy, do not use this website or provide any personal information. Blue Phoenix, LLC may modify the terms of this Privacy Policy any time without notice to you. Such modifications shall be effective immediately upon posting of the modification or change on this website. By accessing or using this website, you agree to periodically review the Privacy Policy to be aware of any modifications and your continued access or use of this website shall constitute as your conclusive acceptance of the modified agreement.

California Residents: If you are a resident of California, you may request information about our privacy practices relating to disclosing your personally identifiable information to certain third parties or affiliates for direct marketing purposes. If you are a resident of California, please send your request to Blue Phoenix, LLC, 4500 Bowling Blvd., Suite 100, Louisville, Kentucky 40207, with the subject line labeled “Your California Privacy Rights.”

The Privacy Policy was last updated on November 24, 2014.