Terms of Use Agreement

This Terms of Use Agreement (this “Agreement“) is entered into by and between FENIX SOLUTIONS, LLC, a Texas limited liability company, and its affiliates (“Fenix Solutions“, “we“, “our”, or “us“) and you, the user (“you” or “user“). This Agreement governs your use of the website owned and operated by Fenix Solutions, including all related webpages, content, and services (collectively referred to as the “Website“). Please read this Agreement carefully. By accessing and/or using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, as well as any additional terms, conditions, or policies referenced herein. This Agreement is subject to change without notice, from time to time in our sole discretion. It is your responsibility to review this Agreement regularly to stay informed of any changes. Your continued use of the Website after the posting of any modifications constitutes acceptance of those changes. If you do not agree to these terms, please do not access, or use the Website.

  1. Use of the Website

You are solely responsible for all your activity on the Website. You agree to use the Website for lawful purposes only and in a manner consistent with all applicable laws and regulations. You may not use the Website in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website. No property rights of any kind in the Website shall transfer to or vest in you, and all such rights are expressly reserved. Accordingly, we reserve the right to modify the Website, restrict your or any other user’s access to the Website, or discontinue your or all access to the Website at any time, without notice.

You agree not to attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website. You agree that you will not: (i) reverse engineer, decompile, or derive source code from the Website; (ii) license, grant, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website in any way; (iii) modify or make derivative works based upon the Website; or (iv) create internet “links” to the Website or “frame” or “mirror” any content thereon on any other server or wireless or internet-based device, nor attempt to do any of the foregoing.

Your use of the Website may be monitored, tracked, and recorded. Anyone using the Website expressly consents to such monitoring, tracking, and recording. You agree that we may use data generated from such monitoring, tracking, and recording for statistical analysis of access and use trends, for the purpose of making performance improvements to the Website and similar purposes. We may disclose such data in aggregate form as long as it does not identify you individually.

  1. Intellectual Property

The works of authorship contained in the Website, including but not limited to all design, text, sound recordings, images, graphics, logos, digital downloads, and software, is the property of Fenix Solutions or its content suppliers and is protected by copyright and other intellectual property laws. Except as otherwise expressly stated herein, such works may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent.

  1. Restrictions

You agree that You will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements You have with Us. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website, data, or the content contained herein, or for any other unauthorized purpose without Our prior expressed written permission. You agree that You will not upload any content to the Website which is unlawful or libelous, or which is, or which may reasonably be construed to be, harmful, offensive, fraudulent, threatening, untrue, malicious, harassing, pornographic, or obscene. You agree that You will not use the Website, nor permit others to use the Website, to harass, threaten, track, or stalk third parties.

You agree that We may terminate or suspend Your access to the Website, immediately and without prior notice, in the event that we reasonably believe You have violated, attempted to violate or intend to violate any terms set forth in this Agreement. You further agree that We may terminate or suspend Your access to the Website, immediately and without prior notice, in the event that We are required to do so under applicable law or order of a governmental authority. You agree and acknowledge that content uploaded to the Website, as well as data regarding You and/or Your account (if applicable) stored on the Website, may be irretrievably lost or damaged as a result of such termination or suspension, or otherwise (including through ordinary use of the Website), and You agree to release and hold Us harmless from any damages or other liabilities arising as a result of the same.

ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THE WEBSITE. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THE WEBSITE IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE IS PROHIBITED BY LAW.

  1. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which can be found at https://fenixsolutions.com/privacy-policy/. By using the Website, you consent to the terms of the Privacy Policy.

  1. Termination of Access

Fenix Solutions reserves the right, in its sole discretion, to terminate or suspend your access to the Website at any time, for any reason, including but not limited to a violation of this Agreement.

  1. Disclaimer of Warranties

THE WEBSITE IS PROVIDED BY FENIX SOLUTIONS ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FENIX SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FENIX SOLUTIONS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS TO THE USE OF THIS WEBSITE. FENIX SOLUTIONS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE IN ANY SUCH JURISDICTIONS.

WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

  1. Limitation of Liability/Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FENIX SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FENIX SOLUTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FENIX SOLUTIONS, ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, THE VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY.

  1. Governing Law

This Agreement and your access and/or use of the Website shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law principles. In the event of a dispute arising under these Terms and Conditions or relating in any way to the Website, You agree to submit to exclusive jurisdiction in the federal or state courts located in Harris County, Texas, for litigation of such dispute, and agree that venue is proper and convenient in such forum. In the event any of the terms and provisions of this Agreement shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

  1. Contact Information

If you have any questions about this Agreement, please contact us at infowebinquiry@fenixsolutions.com.

By using the Website, you signify your acceptance of this Agreement. If you do not agree to this Agreement, please do not access and/or use the Website.