Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the website located at www.phoenixtorch.com (the “Site”) and any services provided by Phoenix Torch (“we,” “us,” or “our”), a project of Phoenix From the Fire LLC, a New Jersey limited liability company.
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.
1. Services Overview
Phoenix Torch provides workflow automation consulting, implementation, and managed operations support services for businesses (“Services”). The specific scope, timeline, and terms of any engagement will be defined in a separate Statement of Work (SOW) or service agreement between Phoenix Torch and the client.
These Terms govern your use of the Site. Any Services engagement is subject to the terms of the applicable SOW or service agreement, which will control in the event of any conflict with these Terms.
2. Use of the Site
Permitted Use
You may use the Site for its intended purposes: learning about our Services, contacting us, and scheduling consultations.
Prohibited Use
You agree not to:
- Use the Site for any unlawful purpose or in violation of any applicable law or regulation
- Attempt to gain unauthorized access to any part of the Site, its servers, or any connected systems
- Interfere with or disrupt the operation of the Site or its infrastructure
- Use automated means (bots, scrapers, etc.) to access or collect information from the Site without our express written consent
- Transmit any viruses, malware, or other harmful code through the Site
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Use the Site in any manner that could damage, disable, or impair the Site or interfere with any other party’s use of the Site
3. Intellectual Property
Our Content
All content on the Site — including text, graphics, logos, images, design elements, and software — is the property of Phoenix From the Fire LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from the Site without our prior written consent, except as expressly permitted by these Terms.
Your Submissions
When you submit information through the Site (such as through a contact form), you grant us a non-exclusive, royalty-free right to use that information for the purpose of responding to your inquiry and providing our Services. You retain ownership of any information you submit.
4. Consultation and Booking
The Site may provide functionality to schedule consultations or discovery calls. Scheduling a consultation does not create a binding agreement for Services. Any Services engagement will be governed by a separate SOW or service agreement executed by both parties.
5. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
WE DO NOT WARRANT THAT:
- THE SITE WILL BE AVAILABLE AT ALL TIMES OR OPERATE WITHOUT INTERRUPTION OR ERROR
- THE CONTENT ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT
- ANY DEFECTS OR ERRORS WILL BE CORRECTED
- THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOENIX FROM THE FIRE LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Indemnification
You agree to indemnify, defend, and hold harmless Phoenix From the Fire LLC, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the Site
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Any information you submit through the Site
8. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.
9. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.
10. Modifications to the Site and Terms
We reserve the right to modify, suspend, or discontinue the Site (or any part of it) at any time, with or without notice.
We may revise these Terms from time to time. When we do, we will update the “Last Updated” date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in the State of New Jersey, and you consent to the personal jurisdiction of such courts.
12. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13. Entire Agreement
These Terms, together with our Privacy Policy and any applicable SOW or service agreement, constitute the entire agreement between you and Phoenix Torch regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral.
14. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Phoenix From the Fire LLC.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Phoenix Torch
A project of Phoenix From the Fire LLC
Email: hello@phoenixtorch.com
Website: www.phoenixtorch.com