Terms & Conditions
This site, its contents, and the Phronetik™ trademark are the property of Phronetik™ Inc. (Phronetik™), one of its affiliates, or third parties who have licensed their materials to Phronetik™, unless otherwise indicated, and are protected by copyright and trademark laws. If you are dissatisfied with this web site or any content on the site, or with the Phronetik™, terms and conditions, your sole and exclusive remedy is to discontinue using this web site. You acknowledge, by your use of this site, your agreement without modification to all of the terms and conditions and that your use of the site is at your sole risk.
This site is provided as a service. Please review the following basic rules that govern the use of our site (the "Agreement"). Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may "bookmark" a particular portion of this site and thereby bypass this Agreement, your use of this site still binds you to the terms.
Availability of Products and Services
The products and services ("Services") described on this web site are available only in the United States and other countries where permitted by law. Products and services may not be available in all geographic areas. All products and services are subject to change without notice.
Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Phronetik™ immediately of any unauthorized use of your account or any other breach of security. Phronetik™ will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Phronetik™, or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Phronetik™ server, or the network(s) connected to any Phronetik™ server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Phronetik™ server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of Services
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Phronetik™ has no obligation to monitor the Communication Services. However, Phronetik™ reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Phronetik™ reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Phronetik™ reserves the right at all times to disclose any information as Phronetik™ deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Phronetik's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or others in any Communication Services. Phronetik™ does not control or endorse the content, messages or information found in any Communication Services and, therefore, Phronetik™ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Phronetik™ spokespersons, and their views do not necessarily reflect those of Phronetik™ Materials uploaded to the site. Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Links to Other Internet Sites
This web site may contain links to other web sites operated by third parties. Phronetik™ provides links to other sites as a service to users. The linked sites are not under the control of Phronetik™ or its affiliates or subsidiaries, and Phronetik™ is not responsible for the content available on the third-party sites. Such links do not imply Phronetik's endorsement or approval of material on any other site. It is the user's responsibility to take precautions to ensure that material selected from such linked sites is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Phronetik™ is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such linked sites, or reference to or reliance on information contained therein.
Tools and Calculators
This web site may contain tools and calculators. Phronetik™ provides tools and calculators as a service to users, for educational purposes only. Phronetik™ does not guarantee the accuracy of these tools and calculators or the results. Phronetik™ is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such tools and calculators.
Use of this web site and its contents are at the user's sole risk. Phronetik™ assumes no responsibility for consequences from the use of the information herein, or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. Phronetik™ is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference or reliance on such information.
Information on this site is provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event will Phronetik™ or its subsidiaries, affiliates, contractors, or their respective employees be liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) resulting from the use of or the inability to use the web site, site content or any products or services, or any failure of performance, error, omission, interruption, effect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this web site or any web site operated by any third party.
Notices Regarding Software, Documents and Services Available on this Web Site
IN NO EVENT SHALL PHRONETIK™ INC, AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Materials Provided to Phronetik™, or Posted at Any Phronetik™ Web Site
Phronetik™ does not claim ownership of the materials you provide to Phronetik™ (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Phronetik™ its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Phronetik™ Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Phronetik™ is under no obligation to post or use any Submission you may provide and Phronetik™ may remove any Submission at any time in its sole discretion.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Phronetik™ Inc.
Name of Agent Designated to Receive: Harvard Business Services, Inc.
Notification of Claimed Infringement: Harvard Business Services, Inc.
Full Address of Designated Agent to Which Notification Should be Sent: 16192 Coastal Highway, Lewes, DE 19958-9776
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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
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.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
Service Provider shall remove or disable access to the material that is alleged to be infringing;
Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
Theft and Fraud
If your Service or password is lost or stolen or fraudulently used, then you are responsible for all usage resulting from such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).
You agree to indemnify, defend, and hold Phronetik™ harmless from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees and costs) arising out of, based on, or in connection with your access and/or use of this Web site or Services.
This agreement is governed by the laws of the State of Delaware, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Delaware, U.S.A. in all disputes arising out of or relating to the use of the Phronetik™ Inc., Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Phronetik™ as a result of this agreement or use of the Phronetik™ Sites/Services. You agree to indemnify and hold Phronetik™ its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Phronetik™ Sites/Services.
Phronetik™ reserves the right to disclose any personal information about you or your use of the Phronetik™ Sites/Services, including its contents, without your prior permission if Phronetik™ has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Phronetik™ or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others.
Phronetik's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Phronetik's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Phronetik™ Sites/Services or information provided to or gathered by Phronetik™ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Phronetik™ with respect to the Phronetik™ Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Phronetik™ with respect to the Phronetik™ Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Phronetik™ assumes no responsibility regarding the accuracy of the information that is provided by Phronetik™ and use of such information is at the recipient's own risk. Phronetik™ provides no assurances that any reported problems may be resolved with the use of any information that Phronetik™ provides. By furnishing information, Phronetik™ does not grant any licenses to any copyrights, patents or any other intellectual property rights.
If any part of this agreement is determined to be unenforceable by a court of competent jurisdiction, the unenforceable portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the remainder of the agreement shall continue in full force and effect.
This agreement constitutes the entire agreement between you and Phronetik™ with respect to the use of this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Phronetik™ with respect to this web site. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.