TERMS OF USE

Welcome to Phoenix Funding ('we,' 'us,' or 'our'). Please read these Terms of Use carefully before using our website and services. By accessing or using our website and services, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. These terms may be updated or amended from time to time, and your continued use of the website and services constitutes acceptance of any changes.

We reserve the right to, at our sole discretion and without any obligation to provide cause or prior notice, terminate, suspend, or interrupt your access to the Sites or any of their functionalities, features, materials, or Content. Additionally, we may periodically update these Terms.

Please review them each time you visit or use this site. In the event of significant changes to the Terms, we will post the revised Terms along with the updated effective date at the bottom of this page. Your continued use of any of the Services following the effective date of such changes will indicate your acceptance of the modified Terms.

2. Use of Our Website and Services

(a) Eligibility: You must be at least 18 years old to access or use our website and services. By accessing or using the website and services, you represent and warrant that you are 18 years of age or older.

(b) Account Creation: To access certain features of our website and services, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

(c) Prohibited Activities: You agree not to use our website and services for any illegal, harmful, or unauthorized purposes. Prohibited activities include but are not limited to: violating any applicable laws or regulations, transmitting harmful code or viruses, interfering with the website's functionality, or accessing information you are not authorized to access.

3. Factory and Fuel Card Program Services

(a) Our factory and fuel card program services are intended to provide eligible users with convenient fuel card options for use at specified fuel stations. These services are subject to availability and may be subject to additional terms and conditions.

(b) You acknowledge that the fuel card program may have specific terms, usage limitations, and restrictions, which will be provided to you upon enrollment in the program.

4. Intellectual Property

(a) All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Phoenix Funding or its licensors and is protected by copyright and other intellectual property laws.

(b) You may not use, reproduce, modify, distribute, or display any of our content without our express written consent.

Phoenix Funding owns, controls, or holds licenses to all the Content found on the Sites, which includes but is not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code. The design, structure, selection, coordination, expression, 'look and feel,' and arrangement of this Content are also protected by intellectual property laws.

Unauthorized copying and dissemination of the Sites' Content, except for that in the public domain, is strictly prohibited by United States laws for copyright, trademark, trade dress, unfair competition, and international conventions, among other intellectual property laws.

The page headers, custom graphics, button icons, and scripts on the Sites are service marks, trademarks, and/or trade dress of Phoenix Funding or its licensors and may not be copied, imitated, or used, in whole or in part, without prior written permission.

Phoenix Funding may grant you limited permission to use certain portions of the Sites, provided that you do not alter or remove any proprietary notices from downloaded or printed materials, refrain from copying or posting such information on any networked computer, broadcasting it in any media, or making any representations or warranties relating to such documents or Content.

Aside from this limited permission, you are not allowed to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, or use in any way (including 'mirroring') any part of the Sites or Content for any other computer, server, website, medium, or commercial enterprise without obtaining our express prior written consent.

It is important to note that nothing on the Sites should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or the Content except as expressly permitted or consented to by these Terms. Any use of the Sites or Content beyond the scope of the granted permissions may constitute a violation of intellectual property rights and result in legal action.

5. Privacy

(a) Our Privacy Policy governs the collection, use, and disclosure of personal information provided by you when using our website and services. By using our website and services, you consent to the collection and use of your personal information as described in our Privacy Policy.

6. Disclaimer of Warranties

(a) Our website and services are provided on an 'as-is' and 'as-available' basis. We do not make any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

(b) We do not warrant that our website and services will be error-free, uninterrupted, secure, or free of harmful components.

7. Limitation of Liability

(a) To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the use or inability to use our website and services.

(b) You agree to defend, indemnify, and hold Phoenix Funding and its affiliates, partners, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Sites or the Content, or by your conduct that would constitute a breach of any of these Terms of Use by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Irving, TX 75038 without regard to its conflict of laws principles.

10. Contact Us

If you have any questions or concerns about these Terms of Use or our services, please contact us at info@phoenixfunding.com

By using our website and services, you agree to abide by these Terms of Use. Thank you for choosing Phoenix Funding!