Terms Of Use

EFFECTIVE DATE: The effective date of these Terms of Use is February 1st, 2016.

Welcome to the website of PHCE id, LLC (the “Company” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of http://www.phceid.com, including any content, functionality and services offered on or through the website (collectively, the “Website”). Unless otherwise indicated, the Website and its contents, including all trademarks, service marks and logos, are the property of the Company or used by permission, and are protected pursuant to U.S. and foreign copyright and trademark laws.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REPRESENT A BINDING CONTRACT. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS SPECIFICALLY INCORPORATED HEREIN BY REFERENCE. If you do not agree to be bound by any of these Terms of Use, do not use the Website. By accessing the Website, you agree to the following terms and conditions:

  1. The Website and the materials contained therein (including all features and functionality) may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior written consent of the Company. No intellectual property or other rights in or to the Website or its contents are transferred to you.
  2. The photographs, artwork, materials and information contained in this site are copyrighted and may not be distributed, modified, reused, reposted, or otherwise used outside the scope of normal web browsing without the express written permission of the Company.
  3. You hereby acknowledge and agree that your relationship with the Company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to the Company does not place the Company in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you submit to the Company, even if such material is altered or changed in a manner not agreeable to you.
  4. The information on the Website is provided solely for illustrative purposes and does not create any business, contractual or employment relationship.
  5. You may be required to provide personally identifiable information to use and/or access certain portions of or services provided through the Website. You agree that any information that you provide to the Company will be accurate and that you will make reasonable efforts to keep that information up to date. Please also review the Company’s Privacy Policy, which you also agree to by using the Website.
  6. You agree that you will:
    • only use the Website as permitted by these Terms of Use and as permitted by law;
    • not access, or attempt to access, restricted portions (if any) of the Website by any means other than the interface provided by the Company;
    • not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of the Company), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by the Company in its sole discretion);
    • not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
    • not interfere with or disrupt the use and enjoyment of the Website by the Company or any third party;
    • not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with the Company’s or any third party’s use and enjoyment of the Website and any other software, hardware and data;
    • not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to the Company, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
    • not transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
    • not resell, frame, duplicate, reproduce or otherwise commercially exploit the Website without the prior written agreement of the Company;
    • not remove, obscure or alter any proprietary rights notices on the Website or any material obtained from or through the Website.
  7. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. The Website includes content provided by third parties, including materials provided by other users, bloggers and third-party advertisers, licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than content provided by and originally created by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by third parties.
  8. The material on the Website is provided “as is” and is without warranty of any kind. The Company disclaims all warranties, express or implied, including without limitation, the implied warranties of title, non-infringement, security, merchantability and fitness for a particular purpose, with respect to the Website and the material on the Website. The Company also makes no representations or warranties as to whether the information accessible on the Website is accurate, complete or current. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any material on the Website may be out of date at any given time, and we are under no obligation to update such material. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. IF THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
  9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, COMMUNICATIONS FAILURES, TAMPERING, HACKING, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING FROM OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE OR ANY MATERIAL OR SITES LINKED TO BY THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY WEBSITE OR ANY RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDORS, AFFILIATES, SUBSIDIARIES OR ASSIGNS BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN UNITED STATES DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  10. The posting of any content or material to the Website and the creation of a link from the Website to any other website are expressly prohibited without the prior written consent of the Company. The Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  11. If you believe that any materials available on the Website violate your copyright or other rights, please contact us at [email protected] for instructions on sending us a notice of copyright infringement or to address or report other user misconduct.
  12. Certain features of the Website may be subject to a separate written agreement with the Company or a third-party. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.
  13. The Website may contain links to third party advertisers and other third party websites. These third party websites may be affiliated with the Company or unaffiliated. For example, your submission of a resume seeking employment with us may automatically direct you to and be conducted on a third party site. The Company is not responsible for, and you agree that the Company will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Website may be linked or from which an the Company website may be accessed. The Company does not regularly review materials on websites linked to the Website and does not necessarily endorse the materials appearing on any linked websites.
  14. The Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that the Company deems to be inappropriate or inconsistent with or antithetical to the Website, the business of the Company and/or these Terms of Use.
  15. You agree to indemnify and hold harmless the Company, its affiliates, subsidiaries, licensors and assigns, and their respective officers, members, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the Website or any materials downloaded, obtained, used or otherwise accessed or acquired through the Website: (a) in breach of these Terms of Use or in violation of any law or regulation; (b) that attempt, commit or result in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and/or (c) in breach of any agreement between you and any third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the express prior written consent of the Company. This indemnification section will survive any termination or expiration of these Terms of Use.
  16. The Company operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you are solely responsible for compliance with any applicable laws. These Terms of Use shall be construed and enforced in accordance with the laws of the United States and the State of Indiana, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms of Use and/or your use of any the Company website must be filed exclusively in Marion County, State of Indiana, United States of America.
  17. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
  18. No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and a failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
  19. The Company reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes. The Company will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. Your continued use of the Website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes. You also agree that the form and nature of the Website may change from time to time without prior notice to you including, without limitation, certain features, services or functionality no longer being available.

If you have any questions or concerns regarding these Terms of Use, please contact us at [email protected] You may also direct inquiries by regular mail to PHCE id, LLC, 886 N. State Rd. 135, Ste A, Greenwood, IN 46142 or by phone to (317) 281-5920.

These Terms of Use and the Privacy Policy are the entire agreement between you and the Company concerning your use of the Website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except as provided herein.

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