DISCLAIMER / TERMS AND CONDITIONS

Phoenix United, LLC DOES NOT provide any legal  advice, financial advice, or guarantees of financial success. Users of this web site should consult with their own lawyer for legal advice as well as other certified professionals before committing to any major financial course of action.  

This web site (the "Site") is a general service that provides legal information,  e-commerce support, general marketing support, and business building tools over the Internet. We are not a law firm, loan agency, or public relations agency and our employees are not acting as your attorney, financial coach, or public affairs specialist. The information and services offered in the Site are tools that have the potential to increase your changes of your success, or enrich the experience as a whole. Any forms or 3rd party material that  is general legal information  should not be construed as legal advice to be applied to any specific factual situation; and any further guidance referenced on the 3rd party's website is the sole responsibility of the user/purchaser of the product or tool.  This also applies to the use and or purchase of any 3rd party product hosted by the Site either through advertisement, or through the direct selling of said product via the Site's shop. Any use of the Site DOES NOT create or constitute a solicitor-client relationship between Phoenix United, LLC or any employee of or other person associated with Sustainable Producers and a user of the Site. 

Any guarantee on the Site is subject to our Terms and Conditions. For the most part, our Terms and Conditions specify that there is no guarantee or warranty and that we are not responsible for any loss, injury, claim, liability, or damage ("damages") related to your use of the Site, whether from errors or omissions in the content of the Site or any other linked sites. We are not responsible for any damages from the Site being inaccessible to the user and use of the Site is at your own risk. Refer to our Terms and Conditions regarding details of any exceptions such as our Quality Guarantee.

While we have worked to make our Site and all the features on our Site compatible with the most commonly used browsers, we cannot represent or guarantee that every feature will work with your browser.

Phoenix United, LLC does not endorse any content provided by any linked sites, nor does it assume any responsibility for the interpretation or application of any information originating from such content. In addition, Phoenix United, LLC does not endorse any content contained in any advertising on the Site, nor does it assume any responsibility for the quality or integrity of such work.

Use of our Site is governed by our Terms and Conditions; refer to this document for more information.

 The following are the terms and conditions (the "Terms") for the use of the Phoenix United web site (the "Site"), Phoenix United Services, and related material.

1. General      With each visit to the Site you signify your agreement to these      Terms. These Terms were last modified on January 26, 2019. Phoenix United, LLC and its      suppliers own the Phoenix United trade name, brand and trademark      and websites. Hereafter, Phoenix United means Phoenix United, LLC. Phoenix United Material is defined as any intellectual property, legal      materials, documents, web pages, software, products, web links, email,      information, or any other materials provided by or previously provided by Phoenix United or the Site, including any portion thereof. Phoenix United Services is defined as any Phoenix United service. If you      do not wish to be bound by these Terms, you are not granted authority to      use or access the Site or Phoenix United Material.
2. Use of Sustainable Producers Material and Sustainable      Producers Services A.      Generally You agree not to use any Phoenix United Material and Phoenix United Services for any purpose which is against any law in your      jurisdiction or for any purpose which would not give full effect to the      Terms even if that purpose is otherwise allowed under the Terms. Final      Document is defined as the finished administrative or legal document for      promotional or legal document products or other document created through      the use of a Phoenix United product or 3rd party partner.      You are granted a License when you enter into a free trial, have a      subscription or pay for access to a product. Any paid or Free Trial      License granted is subject to the Terms and entitles you to: 
   1. use Final Documents of the products as specified by       the Terms only.
   2. make five electronic copies of each Final Document for       your personal use, unless otherwise specified.
   3. make necessary mechanical copies (e.g. printed or       photocopied) of the Final Documents for your personal records and as       required for completion of the specific transactions for which the Final       Documents are intended.
   4. You may end a License in the manner specified on the       order page, your account area or the help documentation, any unused time       left on your License or other subscription will not be reimbursed. Phoenix United retains the right to cancel any sale or Site access at any       time, in which case you will only be charged for the time the sale or       Site access was in effect, unless the termination was provoked due to a violation       of the Terms and Conditions. Your License is valid for the country and or       State of the document that you select when you purchase your License. You       will be charged in the currency of that country. If you are not a party       in transactions in which a Final Document is used or if you obtained the       Final Document under a free trial, you are not allowed to enter into new       transactions using the Final Document starting one month after the expiry       of the corresponding product access time period. To access products, you       must provide credit card details to Phoenix United as required by       the Site. Phoenix United will charge credit cards in accordance       with displayed pricing in return for access to products and lawful       services and if free trials are not canceled before the specified time       period. Payments made to Phoenix United are processed through       Phoenix United, LLC. Subject to these Terms, if you are evaluating the       Site strictly as a potential customer or to participate in our affiliate       program, you are granted a license to evaluate the Site for that purpose       only. 
3. Legal/Business/Financial Advice, Information and      Decision Making Responsibility      Phoenix United is not a law firm, lending agency, or certified      business coaching company and does not provide Legal Advice (as defined      below), financial coaching, or guarantees of financial success. Your use      of Phoenix United’s Material or any Phoenix United's Services      does not create a solicitor-client relationship between you and Phoenix United’s. You agree that all decisions you make on legal, business, and      finance matters are your full responsibility and you agree to retain legal,      or any other professional counsel licensed to practice in your      jurisdiction regarding any legal, business, or financial issue of enough      importance to reasonably require it. You agree that Phoenix United does not provide Legal Advice, business, financial, or other certified      guidance unless specifically advertised. If you receive any communication      from Phoenix United, its agents, its employees or any other      associated entity, which is Legal Advice, business, financial, or other      certified guidance, you agree that it is NOT a communication      authorized by Phoenix United and you agree to immediately delete      and disregard it. Except as expressly provided in these Terms, you agree      to accept full responsibility for determining the value of and for any use      you make of Phoenix United Material, and for obtaining any needed      assistance from a properly licensed attorney or other professional to      assess the value of and appropriate uses for any Phoenix United      Material. For the purposes of these Terms, Legal Advice is defined to      include the following:       
   1. any legal       related communication, work or service which, under the governing law of       your jurisdiction, is only allowed to be performed by or under the       supervision of a properly licensed attorney;
   2. advice on       which legal document or documents you need or are best for your       situation;
   3. determining       the legal consequences that will or could result from how you have       created your legal document;
   4. whether you       have included inappropriate, conflicting, or ambiguous information in       your legal documents;
   5. whether you       have omitted any necessary provisions or details from your legal documents;       and
   6. whether you       require any additional legal documents or legal procedures.
4. Programs Phoenix United retains the right to make changes to its Affiliate Program or other programs as it sees fit. Detailed Affiliate Program Terms and Conditions can be found at Affiliate Program Terms and Conditions 
5. Restrictions      To the maximum extent allowable under applicable law, except as explicitly      identified in these terms, you agree not to publish, re-publish, lend,      license, give away, look at the software source code, modify the software      source code, post to an Internet web site, or use in an automated system      any Sustainable Producers Material nor will you utilize Phoenix United Material in any way for the creation of an automated system or      website, nor will you allow or assist a third party to do so. You agree to      only use Phoenix United Material and the Site as a customer.      Licenses granted are subject to these Terms, and are non-exclusive,      non-transferable, and revocable. The EULA document may be distributed on      the internet without time limit by licensed Phoenix United      customers as part of a materially non-legal package adding significant      value. The rights granted under these Terms are granted to you only. If      you are an organization, a purchase allows one individual within your      organization to exercise the rights granted by these Terms. If multiple      individuals within your organization require access, there must be a      purchase for each individual; unless explicitly stated otherwise. The      appointed individual may not be changed, unless agreed upon in writing and      when permitted by Phoenix United. Phoenix United retains the      right to prohibit organizations, groups, or individuals, or yourself from      using its websites or Phoenix United Material or Phoenix United Services at its discretion.
6. Assignment      This agreement cannot be assigned.
7. Intellectual Property      All copyright, trade marks (including its distinguishing guise and/or      trade dress), and other intellectual property rights (registered and      unregistered) of Phoenix United Material belong to Phoenix United and its suppliers. Phoenix United reserves all of its      rights in the Phoenix United Material. Nothing in the Terms grants      you a right or license to use any intellectual property rights owned or      controlled by Phoenix United or any other third party except as      expressly provided in these Terms. In addition, Phoenix United      Material, contains information and intellectual property that is selected      and organized by Phoenix United and represents significant work      made by Phoenix United. Nothing in the Terms should be construed as      granting any license or right to use any Phoenix United Material or      intellectual property displayed or used in any Phoenix United      Material except as expressly provided in the Terms. You agree to the following:      
   1. the Phoenix United Material is the property of Phoenix United and its suppliers;
   2. you will not use the Phoenix United Material for       any purpose other than is expressly permitted in these Terms;
   3. you will not distribute in any medium any Phoenix United Material without Phoenix United prior written       authorization or as expressly provided these Terms.
   4. any distribution or past distribution of any Phoenix United Material that violates these Terms is subject to liquidated       damages in an amount equal to that which would be payable by a copyright       infringer for knowingly copying a work, and based on each page of any       website which uses Phoenix United Material being a separate work       under the Copyright Act and each access of a page of a website by a       customer being a separate publication of a work.
   5. Phoenix United shall have the right to       represent its suppliers in any dispute. 
8. LIMITED WARRANTIES      Except as expressly provided in these Terms, to the maximum extent      permitted under applicable law, Phoenix United Material and Phoenix United Services are provided "as is" without any kind of      warranty. You accept full responsibility for determining whether Phoenix United Material and Phoenix United Services are suitable for any      particular purpose and for protecting yourself against any possible      consequential damages. Except as expressly provided in these Terms, we are      not responsible for any loss, injury, claim, liability, damage, or      consequential damage related to your use of Phoenix United Material      and Phoenix United Services, or for inaccessibility of Phoenix United Material and Phoenix United Services whether from errors      or omissions in the content of Phoenix United Material and Phoenix United Services or any other linked sites or for any other reason. Use      of Phoenix United Material and Phoenix United Services is at      your own risk. Phoenix United does not represent or warrant that Phoenix United Material, the Site or any linked sites are free of any harmful      materials.
9. Maximum Liability      Except as expressly provided in these Terms, the maximum liability of Phoenix United is the amount paid to Phoenix United by the customer. The      maximum liability of Phoenix United for any Phoenix United Services      is the portion of the amount paid to Phoenix United by the customer      specifically for the Phoenix United Services as calculated by Phoenix United.
10. Guarantees and Refunds All guarantees are subject to any limitations      specified in any Phoenix United Material. Guarantees are only      available to customers who paid on the product before the guarantee is      claimed and are not available on free promotions. For a guarantee to apply      to a product, it must be explicitly promoted in Phoenix United Material      for that product at the time of payment. A customer is only entitled to      one Guarantee claim relating to one Guarantee category of one product.      Should a customer accept a Guarantee related payment from Phoenix United, they waive their right to any additional claims against Phoenix United regarding any Guarantee unless otherwise agreed to in writing. Phoenix United has no obligation to refund one time purchases. The following      additional restrictions apply to the Guarantees payments for mistakes:     
    1. The mistake must be in the wording of the legal       document and not in other text;
    2. The customer was the first person to mention that       mistake for that Guarantee category;
    3. Guarantees only apply to Phoenix United mistakes,       not to customer mistakes; and
    4. We are only required to pay a customer once for a       mistake no matter how many mistakes they may bring to our attention.
    5. A. Free Trial   Refund Policy The terms and conditions of the offer will govern any free       trials. Phoenix United has no obligation to refund for free trials       properly converted to paid product access. B. Annual Subscriptions and       Renewals Phoenix United has no obligation to refund renewals       unless you notify us before your renewal date that you want to cancel.       Annual subscriptions are subject to a refund within 30 days of initial       purchase. C. Service Unavailability Guarantee Any default service,       which is offered as a part of a subscription package organic to       Phoenix United, which becomes unavailable for any reason will       automatically extend the length of the Phoenix United subscription       until said service becomes available once more. If there are any services       which were only offered at a discount and were not available at the time       of request, that discounted service will be made available to the       subscriber one time after the subscription ends; and even if the buyer no       longer holds an active account with Phoenix United. 
11. Client Privacy      You consent to Phoenix United using your personal information      according to its Privacy Policy that can be found at  Privacy Policy.
12. Terms and Headings      All of the Terms are valid regardless of the heading. To the maximum      extent possible under law, the Terms take precedence over any conflicting Phoenix United Material should it be judicially found that the conflicting Phoenix United Material is legally relevant to this Agreement under law.
13. Indemnification      You agree to indemnify and hold Phoenix United, its directors,      officers and employees, harmless from any actions, claims, losses,      damages, liabilities and expenses including legal fees, asserted by any      third party due to or arising out of your use of the Site or Phoenix United Material or Phoenix United Services.
14. Governing Law      The Terms are governed by the laws of the State of New Mexico, U.S.A. You      irrevocably attorn to the exclusive jurisdiction of the courts of Rio      Rancho, New Mexico, U.S.A. 
15. Binding Arbitration      Subject to exceptions specified herein, if you and Phoenix United are      unable to resolve any dispute by informal negotiations, then any      resolution of this dispute will be conducted exclusively by binding      arbitration. A request for appointment of an arbitrator must be made in      writing. Upon receipt of the written request, Phoenix United will      have 90 days to choose and appoint an independent and impartial      arbitrator. The arbitration will be held in the City of Rio Rancho, New      Mexico, U.S.A. The cost of the binding arbitration proceedings and any      proceeding in court to confirm or to vacate any arbitration award,      including, without limitation, reasonable attorneys' fees and costs, will      be borne by the unsuccessful party and will be determined and awarded by the      arbitrator. Exceptions to the use of binding arbitration are as follows: Phoenix United may bring forth a lawsuit, without using binding arbitration,      should the lawsuit involve intellectual property infringement or      injunctive relief. Also, either party may use small claims court.
16. Class Action Waiver      You will not seek to have the dispute heard as a class action, private      attorney general action or in any other proceeding in which either party      acts or proposes to act in a representative capacity. Arbitration or any      other proceeding to resolve any dispute, in any forum, will be conducted      solely on an individual basis and not combined with another without the      prior written consent of all parties to all affected arbitrations or      proceedings.
17. Modification of the Terms Except that you must be informed in a reasonable      manner regarding any pricing increase, Phoenix United may, in its      sole discretion, change these Terms at any time. Other terms and      conditions are only valid when signed in writing by an authorized Phoenix United officer.
18. Severability      If any term, covenant, condition or provision of these Terms is held by a      court of competent jurisdiction to be invalid, void or unenforceable, such      provision is to be excluded to the extent of such invalidity or      unenforceability and all other provisions will remain in full force and      effect; and, to the extent permitted and possible, the invalid or      unenforceable provision will be deemed replaced by a provision that is      valid and enforceable and that comes closest to expressing the intention      of such invalid or unenforceable provision.
19. Waivers      No failure or delay, on the part of Phoenix United, in exercising      any right or power under these Terms will operate as a waiver of such      right or power.
20. Whole Agreement      Except as explicitly set forth in this agreement, these Terms, the pricing      displayed on the Site, the Site's Disclaimer, and, if you are an      affiliate, the Affiliate Program Terms and Conditions, constitute the      whole agreement between you and Phoenix United, LLC. notwithstanding any: 
    1. Phoenix United Material other than this       Agreement,
    2. communication between you and Phoenix United, including       telephone, email and online chat assistance, or
    3. announcements, newsletters or promotional materials       from Phoenix United.

The following are the terms and conditions (this "Agreement" or the "Terms") for affiliates that direct potential customers to the Phoenix United’s web site (the "Site") and where Phoenix United, LLC has agreed to pay that affiliate ("you") for directing those potential customers to the Site.

1. Acceptance

By submitting your application for being an affiliate of the Site, you agree to be bound by the Terms as stated herein without modification.

2. Nature of the Relationship

The nature of the relationship between Phoenix United, LLC and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees Phoenix United, LLC. Specifically, Phoenix United, LLC is not a member of any partnership, joint venture or franchise arrangement with you.

3. Ownership and use of Phoenix United Materials

"Phoenix United" includes any legal materials, documents, contracts, software, products, web links, promotional material, email, information, partial Phoenix United, LLC Material or any other materials provided by Phoenix United, the Site or any Phoenix United service in any way. Phoenix United, LLC retains complete ownership and all rights to the Phoenix United Materials. You do not have the right to use or change any of the Phoenix United, LLC Materials without prior written consent of Phoenix United, LLC. You do not have the right to use any Phoenix United, LLC Materials for third party or competitive use. All use of Phoenix United, LLC Materials, with or without prior written consent, will cease after termination of this agreement.

4. Term

This Agreement will be for an indefinite term and can be terminated immediately without cause by either Phoenix United, LLC or you providing notice to the other party. Upon termination, you will stop using Phoenix United, LLC Materials and you will discontinue any use of the Phoenix United, LLC trademark, properties, and materials.

5. Your Compensation

Phoenix United, LLC agrees to pay you a commission equal to the amount per the following criteria (excluding fees paid to external service providers, fees paid to external suppliers and some subscription renewals) as generated from referrals that have been given credit to you by prospective customers.

· Monthly Bonuses: Once all sales have been finalized for each month, a bonus will be given to the top affiliate sellers for the month in question in addition to the respective compensations for said month. The amount for said bonuses and the number of sellers which may qualify for the period of time in question will be displayed via the Affiliate Portal. The top sellers will be determined via the amount owed for the sellers’ compensations in USD, and in the unlikely event of a tie, the sellers in question will evenly split the total sum of the bonuses in question. 

· Campaign Bonuses: From time to time selective campaigns will be created for a specific product, service, or series of either. These campaigns will have a definitive start and end date, and any affiliate sellers who participate in a successful campaign and can prove participation via the use of approved referral methods will receive separate bonuses in accordance to the details listed for the campaign. Unless explicitly mentioned, these bonuses will be separate from all other forms of compensations owed. All requirements, special rules, and potential amounts to be awarded will be listed via the Affiliate Portal. 

· Commissions via Referral: From time to time specific services and or products will be selected and approved as commissionable. While Phoenix United will attempt to communicate via the Site and or email if and when a product or service is being added or removed from the roster of approved products and services, it is ultimately the responsibility of the Affiliate to verify the status of the product or service in question before the customer being referred completes their purchase(s). Failure to do so will not only prevent the Affiliate from receiving a commission for the purchase in question, but may also prevent the customer being referred from receiving any discounts directly tied to the approved status of the product or service in question. The roster of approved products and services, along with any rules and stipulations, to include amounts owed for a successful referral, will be listed via the Affiliate Portal. 

These referrals must be submitted by the individual who referred you, either in writing or via a custom code upon check out which Phoenix United, LLC will provide. Payments are calculated on the first business day of the month and payment will be sent within 5 business days of the 2nd month following the month of sale (35-40 calendar days) when commissions payable total $50 or more; in order to allow for and honor any money back guarantees, which will not exceed 30 days. You will have access to sales and commission reports available through the Phoenix United Affiliate Program. We will not provide any compensation for any referrals or traffic where the provision of any compensation for a referral is prohibited by law.
 

Affiliate Portal can be found at: https://phoenix-united.com/affiliate-portal 

6. Content Development

You are solely responsible for all content development (and its cost) on your web site or other media.

7. Confidentiality

You may be given or obtain access to non-public information of Phoenix United, LLC that Phoenix United, LLC considers to be of a confidential, proprietary, or trade secret nature, including, but not limited to, customer information, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively "Confidential Information"). You agree not to use any Confidential Information disclosed to you by Phoenix United, LLC for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any Confidential Information to third-parties or to your employees or agents, other than employees and agents who are required to have the information in order to carry out your obligations under this Agreement. You agree to notify Phoenix United, LLC immediately and in writing of any misuse or misappropriation of Phoenix United, LLC’s Confidential Information, which may come to your attention and to return Phoenix United, LLC’s Confidential Information upon the request of Phoenix United, LLC’s Confidential Information shall not apply to: (a) information that is or becomes a matter of public knowledge through no fault of or action by you, (b) information that prior to disclosure was rightfully in your possession as a result of disclosure by a third-party under no obligation or restriction of confidentiality, (c) information that, subsequent to disclosure, is rightfully obtained by you from a third-party under no obligation or restriction of confidentiality, and (d) information that is independently developed by you without use, knowledge or access to the Confidential Information of Phoenix United, LLC.

8. Return of Confidential Property

Upon Phoenix United, LLC’s request (and upon termination of this Agreement), you will deliver to Phoenix United, LLC all Confidential Information, memoranda, notes, records, drawings, manuals, disks, or other documents and media pertaining to Phoenix United, LLC’s business including all copies, extracts, summaries and analyses.

9. Indemnification

You agree to indemnify and hold Phoenix United its directors, officers, shareholders, successor and predecessor companies, attorneys, agents and employees harmless from any claim, demand, or damage, including reasonable attorneys' fees and costs, asserted by any third party due to or arising out of the your actions (including but not limited to advertising, web site content or how you otherwise direct potential customers to our site).

10. Limitations of damages

Phoenix United will not be liable to you for any exemplary, punitive, special or consequential damages, including lost revenues, lost profits or lost prospective economic advantage arising from any act or omission in performance or failure to perform under this Agreement, even if Phoenix United is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against Phoenix United regarding such damages.

11. Trademarks and other Intellectual Property

You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of Phoenix United (i.e., trademarks, service marks, slogans, logos, designs and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of Phoenix United. You may use and display such trademarks only in the manner and for the purpose authorized by Phoenix United, LLC, and only during the Term of this Agreement. Phoenix United reserves the right to add to, change or discontinue the use of any trademark it owns, on a selective or general basis, at any time. You shall not use any trademark or trade name of Phoenix United in any corporate, partnership or business name without Phoenix United’s prior written consent. Phoenix United, LLC is the owner of Phoenix United trade name, brand and trademark.

12. Media

No press releases mentioning your affiliate program participation may be made without prior written consent of Phoenix United to a release being made. You will provide a copy of any press releases to Phoenix United.

13. Conduct

You agree to conduct yourself with due regard to public conventions and morals and agree that you will not do or commit any act or thing that will tend to degrade Phoenix United or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or offend the community or ridicule public morals or decency. Further, you will not market Phoenix United’s Site or products using illegal, unethical, or misleading methods, or through inaccurate content.

14. Modification to Terms

Phoenix United reserves the right to change these terms at any time and to notify you by updating and posting these terms on its Site. Phoenix United is not bound by any other modifications to these terms and conditions unless signed in writing by an authorized Phoenix United officer.

15. Entire Agreement

This Agreement, the Site Terms and Conditions and the Site Legal Disclaimer, as amended from time to time, and located at https://phoenix-united.com/disclaimer%2Fterms-%26-cond , respectively, constitute part of this Agreement.

16. Assignment

This Agreement cannot be assigned.

17. Waivers

No failure or delay, on the part of Phoenix United, in exercising any right or power under these Terms will operate as a waiver of such right or power.

18. Severability

If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

19. Governing Law and Notices

In respect to construction, interpretation, validity and enforcement, these Terms are to be construed in accordance with and governed by the laws of the State of New Mexico in the United States of America. You consent to the exclusive jurisdiction of the courts of the New Mexico, U.S.A. Any notice under this Agreement will be in writing and delivered via e-mail correspondence, or sent by facsimile. All notices will be addressed to Phoenix United, LLC Legal Representative via admin@phoenix-united.com (facsimile: (official phone number pending)). Any notices to you may be delivered to you at the address, email address or facsimile number provided in your application or to any address later provided.

20. End User

The end user of Phoenix United’s Material will be subject to the Site's terms and conditions and disclaimers.

21. Binding Effect

This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors of Phoenix United and you.

22. Headings

The headings, captions, titles, and numbering system are inserted only as a matter of convenience and may under no circumstances be considered in interpreting the provisions of this Agreement.