Terms of Use

Who We Are

This is The Phoenix's (“the Company” or “the Phoenix”) Terms of Use (the “Terms”) that govern the use and access to the Company's website and related mobile application, products or services, and any information contained therein (collectively referred to herein as the “Platforms”). You can write to the Phoenix at 2239 Champa Street, Denver, CO 80205. The Phoenix can be reached by email at info@thephoenix.org or by phone at 720-440-9175.

Acceptance of Terms

These Terms describe the terms and conditions upon which you may use the Platforms. By accessing and/or using the Company's Platforms, including clicking any button to indicate your consent, you accept and agree to be bound by these Terms and the Phoenix's Privacy Policy (referenced below), just as if you had agreed to these policies in writing. If you do not agree to these Terms or the Privacy Policy, do not use our Platforms. For purposes of these Terms, any reference to “you” means you in any capacity whatsoever, whether you are an individual or whether you are representing or acting on behalf of an entity.

Amendment of Terms

The Company may amend these Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Company Platforms after such posting constitutes your consent to be bound by the Terms, as amended.

Additional Terms

In addition to these Terms, certain offers, products, services, elements or features may also be subject to additional terms, conditions, guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.

Age Restriction

The Platforms are intended for persons who are 18 years of age or older and who are of legal age and capacity to form a binding agreement.

The Phoenix Platforms

Company Account

Your Company account is personal to you and you agree not to create more than one account. We continually update and test various aspects of the Company Platforms. We reserve the right to, and by using the Company Platforms you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that the Company may take actions we deem reasonably necessary to prevent fraud and abuse.

Personal Information

You agree that the information you provide to the Company at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up for the mobile application, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Company's Platforms you must have access to the Internet. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Company's Platforms.

Content

While the Company does not claim any ownership rights in the text, images, photos, video, works of authorship, or any other materials (collectively, “Content”) that you display or post on the Platforms, you hereby grant to the Company a non-exclusive, royalty-free, irrevocable, sublicensable, worldwide, license to use, modify, delete from, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Content in any media formats for promotions, through any media channels. The Company's content on its Platforms is protected by law and is the intellectual property of the Company.

Disclaimers

The Company strives to ensure that any content owned and controlled by the Company on the Platforms is accurate. However, there may be inaccuracies, errors, or omissions on the Platforms. By using the Platforms, you agree that content you post is accurate, and does not violate any rights (including intellectual property rights) of third parties. You assume the sole risk of relying on the information and content on the Platforms.

All Platforms are provided “as is” without warranties of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and infringement. The Company does not warrant that the Platforms are free of defects, viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your content or data.

In no event shall the Company be liable for any damages, including but not limited to direct, indirect, punitive, incidental, special, or consequential damages that may arise in connection with the use of the Platforms. If the Company is found to be liable to you in any manner, or if any part of this limitation of liability is found to be invalid or unenforceable, then you agree that the Company's total liability to you for damages shall not exceed the amount paid, if any, to access the Platforms.

Indemnification

You agree to indemnify, hold harmless, and release the Company and its affiliates and officers, directors, employees, agents, contractors, and representatives, from and against any and all claims, demands, liabilities, damages, and costs and expenses, including but not limited to, attorneys' fees and costs, arising from or related to: your access, use, attempted use, or misuse of the Platforms; your violation of any of these Terms, the Privacy Policy, or any applicable law; your violation of any third-party right, including without limitation any copyright, property or privacy right; and any claim that your use of the Platforms caused damage to a third party.

Miscellaneous

If any part of these Terms are held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provisions shall be ineffective but shall not affect any other part of these Terms. The Company's failure to partially or fully exercise any rights or the Company's waiver of any breach of these Terms shall not prevent the Company's subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Policy.

Privacy

Your privacy is important to the Company. The Company's Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to the Company's collection, use, and disclosure of your personal information.

Prohibited Content

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

Breach the Phoenix's Ethos;
Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user's account or signing up for more than one account;
Share passwords with any third party or encourage any other user to do so;
Permit anyone to use any classes booked under your own membership, including other members;
Upload material (e.g. virus) that is damaging to computer systems or data of the Company or users of the Platforms or otherwise use the Company's Platforms in any manner that could damage, disable, overburden, or impair these Platforms;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
Upload or send to the Platform users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
Decompile, reverse engineer or disassemble the Company's Platforms, in whole or in part, except as may be permitted by applicable law;
Link to, mirror or frame any portion of the Company's Platforms;
Attempt to gain unauthorized access to or impair any aspect of the Company's Platforms or its related systems or networks or interfere or attempt to interfere with the proper working of the Company's Platforms or any activities conducted on these Platforms;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Company's Platforms;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Company's Platforms;
Use any robot, spider, scraper, or other automated means to access the Company's Platforms for any purpose without our express written permission;
Use the Platforms for any unauthorized marketing or promotion of goods, services or events;
Post or share spam (i.e., content that is repetitive, inappropriate, or irrelevant to the space topic);
Create, share or post explicit descriptions of substance use, trauma, or weight loss/disordered eating;
Use the Company's Platforms for or in connection with any purpose that is unlawful or prohibited by these Terms.

The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Contact Information

If you have any questions about these Terms, please contact us at:

INFO@THEPHOENIX.ORG

National Office
2239 Champa Street
Denver, CO 80205