Phil and Tropic, LLC, Together with its subsidiaries and affiliates (“Phil and Tropic”) provides you access and use of this site subject to your compliance with these terms and conditions of use. By accessing, this site you agree to be bound by the site terms and all applicable laws.
Terms Of service
Phil and Tropic may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service.
General Terms and Conditions
You agree that use of the Service, including any applets, software, content and services accessible therein, is entirely at your own risk. The service is provided "as is," without warranty of any kind, either express or implied, and Phil and Tropic and its suppliers disclaim any and all warranties, including, but not limited to:
License and Site Access
(1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and
(2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. Phil and Tropic does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does Phil and Tropic warrant access to the Internet or to any other service or content through the service. The entire liability of Phil and Tropic and its representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the related services or content purchased from Phil and Tropic, its authorized reseller or its service providers. To the maximum extent permitted by applicable law, Phil and Tropic and its subsidiaries, affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers or suppliers ("representatives") are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Phil and Tropic or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Phil and Tropic grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation:
(a) any resale or commercial use of this Site or any Site Materials (defined below);
(b) modification, adaptation, translation, reverse engineering, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser;
(c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Phil and Tropic trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
(d) the collection and use of any product listings or descriptions;
(e) making derivative uses of the Site and any Site Materials; or
(f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under a patent, trademark, copyright, or proprietary right of Phil and Tropic or any third party. You may not use any Meta tags or any other "hidden text" utilizing Phil and Tropic's name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
By using the Site, you agree not to do any of the following:
Changes, Misprints, Errors, Obligations and Cancellations
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Phil and Tropic) or engage in spamming or flooding; or
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Banking, Billing or Other Online Services
- Subject to applicable law, we:
(a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person;
(b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter;
(c) reserve the right to limit quantities sold or made available for sale;
(d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and
(e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
- If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
- Phil and Tropic has no obligation to monitor the Service. However, you acknowledge and agree that Phil and Tropic has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Phil and Tropic will not intentionally monitor or disclose any private electronic-mail message unless required by law. Phil and Tropic reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service
If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold Phil and Tropic liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
Third Party Financial Information
We provide links and access to third party web sites or services that contain information that is provided as a service to those interested in the information. Phil and Tropic neither regularly monitors nor assumes responsibility for the content of third parties' statements or web sites. Accordingly, Phil and Tropic does not endorse or adopt these web sites or any information contained therein. Phil and Tropic makes no representations or warranties whatsoever regarding their accuracy or completeness.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Phil and Tropic.
Third Party Links
Phil and Tropic makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.
Passwords and Security
If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Phil and Tropic immediately. Phil and Tropic reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your, password or requesting information to authorize transactions on your account. While Phil and Tropic takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Phil and Tropic may rely on the authority of anyone accessing your account or using your password and in no event will Phil and Tropic be held liable to you for any liabilities or damage resulting from or arising out of
(i) any action or inaction of Phil and Tropic under this provision;
(ii) any compromise of the confidentiality of your account or password, and
(iii) any unauthorized access to your account or use of your password.
All Site Materials are owned by us and others and are protected by United States and international copyright, trademark and other laws.
ParkParcerls, LLC and their respective designs and/or logos are either trademarks or registered trademarks of Phil and Tropic and may not be copied, imitated or used, in whole or in part, without the prior written permission of Phil and Tropic. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Phil and Tropic, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Phil and Tropic. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the listing of their respective owners.
Restrictions on Use
Except as stated in the Site Terms, none of the materials and Intellectual Listing described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Phil and Tropic or the respective intellectual listing owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Phil and Tropic - is strictly prohibited.
Policies and Enforcement
All access to and use of this Site is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or listing in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Phil and Tropic has the right, but not the obligation, to take any action we deem appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Phil and Tropic believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. Phil and Tropic takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Responsibility for Your Conduct
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Phil and Tropic and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Site Terms by such user.
Applicable Law, Venue and Limitation of Actions
The Terms of Service and the relationship between you and Phil and Tropic shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Phil and Tropic agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Utah
The failure of Phil and Tropic to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
By accessing and using this page you agree to the Terms of Service.
Notwithstanding any of these terms and conditions, Phil and Tropic reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site Terms or its policies. Upon termination, these Site Terms shall still apply.
Consent to Email Communication
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this Website. We do not include details of your personal financial or medical information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the www.philandtropic.com site, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal financial or medical information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.