Terms of Use

Thank you for visiting our web site. The information, images, tools, products and services offered on our site are subject to the following Terms of Use. By accessing or using this website ("The Site"), you agree to these Terms of Use. Phgit, LLC. is the owner of The Site and reserves the right to change these Terms of Use and the content on The Site, including the prices and descriptions of any products shown on The Site, at any time at its sole discretion. These changes, if they occur, will be posted on The Site. You may also be subject to terms and conditions in addition to these Terms of Use, which are posted on other pages of The Site. As long as you use The Site in accordance with these Terms of Use, COO grants you a non-exclusive, nontransferable, limited right to enter, display and use The Site and temporarily download The Site solely for the purpose of temporarily viewing and accessing it, including printing its contents through the use of a browser. Copyright in all material found on The Site is owned by Phigit as noted throughout The Site.

• You agree not to interrupt or attempt to interrupt the operation of The Site, to use or contact The Site in such a manner as to disrupt or damage its content or affect in any way the ability of third persons to access The Site or to post or transmit to The Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or similar material.
  
• You agree not to use any means to circumvent log in, password, and other protections used to restrict access to certain parts of The Site.
  
• You agree not to frame or utilize framing techniques to enclose any portion or portions of The Site or any content appearing on The Site without the express written permission of Phigit.
  
• You will not use The Site to harass or disparage Phigit, its owners, officers or employees, its suppliers or customers or its products or services.
  
• Use of The Site is for your use only. Except as set forth above you may not reproduce, distribute or transmit any portion of The Site, including any text, images, tools, audio or video incorporated on The Site. Any unauthorized use of the text, images, tools, audio or video incorporated on The Site is a violation of the copyrights and trademarks of Phigit and may subject you to civil and/or criminal prosecution.
  
• Copyright in all material found on The Site is owned by Phigit as noted throughout The Site.
  
• All trade names, trademarks and service marks found on The Site are owned by Phigit or third parties, where noted. No other use of those trade names, trademarks and service marks is permitted without their respective owners' written permission. Use of those trade names, trademarks and service marks as part of your own trademarks, to identify products or services which do not originate from Phigit or their respective third-party owners identified on The Site, use in a manner that is likely to cause confusion, use in a manner that is likely to imply that Phigit sponsors, endorses, or is otherwise connected with activities, products or services which it does not sponsor, endorse or is connected with and use in a manner that disparages COO is prohibited.
  
• Phigit collects and stores information about you pursuant to the terms of its Privacy Statement and Registration and Membership Terms found elsewhere on The Site. The Privacy Statement and Registration and Membership Terms may be accessed by clicking on the link found at the bottom of this page. In addition, Phigit may also collect and store aggregate or anonymous information about your access to and use of The Site including but not limited to such information as the number of visitors to The Site.
  
• YOUR USE OF THE SITE IS AT YOUR OWN RISK. PHIGIT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF ANY OF THE CONTENT POSTED ON THE SITE AND PHIGIT SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT FOUND ON THE SITE. COO AND ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OF OUR YOUR ACCESS TO OR USE OR INABILITY TO USE OR ACCESS THE SITE. PHIGIT IS NOT RESPONSIBLE FOR TIMELINESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE SITE OR ITS CONTENTS. PHGIT IS NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES TO USERS OF THE SITE OR THEIR COMPUTER SYSTEMS OR OTHERWISE, AND USERS ASSUME ALL RISKS IN CONNECTION WITH THEIR ACCESS TO OR USE OF THE SITE. In addition, Phigit shall not be liable in any amount for its failure to perform if such failure is caused by an occurrence or cause beyond its reasonable control, including, without limitation, power outages, communications outages, labor disputes, earthquake, fire, flood, storm, war, acts of terror, or act of God; or any acts of governmental bodies or authorities.
  
• WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE, AND ALL PRODUCTS OFFERED FOR SALE ON THE SITE, SUBJECT TO THE EXCEPTION NOTED BELOW, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some states or jurisdictions do not allow the disclaimer of implied warranties and the limitation of liability, so the foregoing disclaimer and insulation may not apply to you.
  
• PHIGIT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED OR OFFERED FOR SALE BY THIRD PARTIES ON THE SITE.
  
• The sole exception to the terms set forth in the bold letter provisions noted above is that the manufacturers of some of the products offered for sale on The Site may offer warranties covering their products, which are subject to the terms and conditions, and limitations, set forth in those warranties. THESE WARRANTIES MAY BE OFFERED FROM TIME TO TIME BY THE SOME OF THE MANUFACTURERS OF PRODUCTS OFFERED FOR SALE ON THE SITE AND ARE SUBJECT TO TERMS AND CONDITIONS THAT ARE PROVIDED SOLELY BY THOSE MANUFACTURERS OVER WHICH COO HAS NO CONTROL AND WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE BY THOSE MANUFACTURERS. Those terms and conditions may be found elsewhere on our site.
  
• NO INFORMATION PROVIDED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY PHIGIT IN THESE TERMS OF USE. PHIGIT HAS A RIGHT TO REFUSE ANY ORDER FOR ANY REASON OR NO REASON AT ALL. YOU ARE RESPONSIBLE FOR RESEARCHING AND ENSURING COMPLIANCE WITH LOCAL BUILDING CODES OF THE PRODUCT BEING PURCHASED FROM THE WEB SITE. PHIGIT IS NOT LIABLE FOR A NON COMPLIANT PRODUCT PURCHASED BY YOU.
  
• Internet transmissions are never completely private or secure. You understand that any information that you send to The Site may be read or intercepted by others.
  
• Other websites may contain links to The Site or The Site may contain links to other websites. Phigit is not responsible for the content of any site linked to or from The Site, and if Phigit provides links on The Site to other sites, the inclusion of those links is for the convenience of visitors to The Site and is not intended to be an endorsement by Phigit of the owner or sponsor of that linked website, the content found on that website or the products or services offered on that website. The owner of any page or website linked to The Site shall not represent either expressly or by implication that Phigit is endorsing it, any content on that page or website or any products or services marketed or offered for sale on that page or web site, misrepresent its relationship with Phigit or present false information about Phigit. Phigit does not warrant either expressly or by implication the accuracy, validity or legality of any information, content, products or services found on those sites.
  
• If you believe that any content found on The Site violates the copyright, trademark rights, patent rights, trade secrets or any other exclusive proprietary rights of any third party, please contact us at our address and phone number found on the "Contact Us" page of our site or you may contact us directly using that page. We can be reached by telephone between the hours of 8:00 a.m. and 5:00 p.m. Central Time Monday through Friday except national holidays.
  
• Phigit is located in the United States of America, in the city of Inverness, in the state of Illinois. The Site as well as any legal terms contained thereon are governed by and are subject to the laws of the state of Illinois and the United States of America as well as the common law of those jurisdictions regardless of the location of any visitor or user to The Site. BY ACCESSING, VISITING OR USING THE SITE OR PURCHASING ANY GOOD OR SERVICE OFFERED FOR SALE ON THE SITE YOU AGREE TO THE FULLEST EXTENT PERMITTED BY LAW THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR YOUR PURCHASE OF ANY PRODUCTS OR SERVICES OFFERED THEREON SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF KANE, STATE OF ILLINOIS, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE TO THE SELECTION OF THAT VENUE OR TO THE JURISDICTION OF ANY COURT LOCATED IN THAT VENUE. YOU ALSO AGREE TO BRING ANY CLAIM ARISING FROM YOUR USE OF THE SITE OR YOUR PURCHASE OF ANY PRODUCTS OR SERVICES OFFERED THEREON WITHIN ONE (1) YEAR FROM THE DATE AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
  
• You agree to indemnify and hold Phigit and its agents, directors, officers and employees harmless from and against any losses, costs, damages, liabilities and expenses, including, without limitation, attorney's fees and costs, incurred by Phigit and its agents, directors, officers and employees in connection with any claim arising out of any breach by you of these Terms of Use or relating in any way to a transaction or dispute between you and any third party.
  
• Any ideas, concepts, or suggestions, including any invention embodied therein, submitted to Phigit are the exclusive property of Phigit and may not be considered confidential or proprietary and the submitter of those ideas, concepts or suggestions, by submitting those ideas, concepts or suggestions, grants to Phigit an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute or comment on those ideas, concepts or suggestions, together with any inventions embodied therein.
  
• In the event that any of these terms is held unenforceable, the remaining portions hereof shall remain and continue in full force and effect. The delay or failure of Phigit to exercise any right under these Terms of Use and any partial or single exercise of that right shall not constitute a waiver of that right or any other right, unless otherwise expressly provided herein. The waiver of a breach of any term hereof or any default hereunder shall not be deemed a waiver of any subsequent breach or default, whether of the same or similar nature, and shall not in any way affect the other terms hereof.
  

Notice for making claims of infringement.-Written notification must be submitted to the following Designated Agent:

Full Address of Designated Agent to Which Notification Should is Sent:
Phigit LLC 

2114 Huntly Court
Inverness IL 60067