General Terms and Conditions of Use of the Website: Any browsing or use of this website constitutes acceptance of the terms and conditions of these General Terms and Conditions.
This website is for the sole use of visitors to the John M. Phillips website for non-commercial purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, graphics or services obtained from this web site.
You represent and warrant that you are 18 years of age and possess the legal authority, ability and right to enter into this Agreement and to use this website in accordance with all terms and conditions stipulated herein. You agree to be financially responsible for all use of this website (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this website under your name. You acknowledge that your use of the website does not create or result in any joint venture, partnership, or agency relationship between you and John M. Phillips , and you agree not to hold yourself out as a representative, agent, or employee of John M. Phillips .
You warrant that all information provided by you, by anyone within your organization, or by any member of your household is true and accurate. You agree to abide by the terms or conditions of purchase or rental imposed by John M. Phillips , including but not limited to, payment of all amounts when due and compliance with all rules and/or restrictions regarding availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this website and/or any services or products offered through this website.
John M. Phillips reserves the right to change or modify the terms and conditions of this Agreement. You are responsible for regularly reviewing these terms and conditions. Continued use following any change constitutes your acceptance of such changes.
Disclaimer: The information, products, and services published on this website may include inaccuracies or typographical errors. Changes are periodically made to the information provided. John M. Phillips may make improvements and/or changes to this website at any time without prior notice. John M. Phillips makes no representation about the suitability, accuracy, timeliness, or completeness of any information, products and services contained on or available through this website (including, without limitation, any information relating to price, rates, or availability of any service, equipment and/or other product). All such information, products and services are provided “as is” without warranty of any kind. John M. Phillips hereby disclaims, to the extent allowed by law, all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. John M. Phillips SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCT, AND SERVICE OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THIS USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF John M. Phillips HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATE AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN NO EVENT SHALL THE LIABILITY OF John M. Phillips EXCEED THE SUM OF ONE HUNDRED DOLLARS (U.S. $100) REGARDLESS OF THE CAUSE OF ACTION WHETHER IN TORT, CONTRACT OR OTHERWISE.
Forum Selection: These General Terms and Conditions and your acceptance thereof shall be deemed to have been made in the State of California, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of California, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Los Angeles, California, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to these General Terms and Conditions and/or your use of the website. Both parties waive any objections as to personal jurisdiction or venue in such courts due to inconvenient forum or any other basis.
Waiver/Severability/Injunctive Relief: The failure of John M. Phillips to require or enforce strict performance by you of any provision of these General Terms and Conditions or to exercise any right under these General Terms and Conditions shall not be construed as a waiver or relinquishment to any extent of John M. Phillips ‘s right to assert or rely upon any such provision or right in that or any other instance.
If any portion of these General Terms and Conditions is found to be illegal or unenforceable, such portion shall be severed from these General Terms and Conditions, and the remaining terms shall be separately enforced.
You agree that any breach or threatened breach of these General Terms and Conditions by you may cause John M. Phillips irreparable damage, and you further agree that John M. Phillips shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.
Links to Third-Parties’ Web Sites: This website may contain links to websites maintained by third parties. All links are provided for your reference only. John M. Phillips does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different privacy policies. Please check these policies before using these sites. You assume sole responsibility for use of third-party links.
Copyright and Trademark Notice: The contents of this website are owned and controlled by John M. Phillips and/or by third party trademark owners. John M. Phillips reserves all of its intellectual property rights, including, without limitation any and all trademarks, service marks, copyrights, trade secrets and patents. No content of this website may in any way be reproduced, copied, transferred, published, or distributed without prior written authorization. No implied or express license is granted with respect to any use of any content of this website, including without limitation any intellectual property of John M. Phillips .