Terms of Use

Pri­va­cy State­ment for The Phoenix Cen­tre Press Website

Terms of Use and Web­site Pri­va­cy Policy
REVISED: 10 Jan­u­ary 2015

TERMS AND CONDITIONS (“the Terms of Use”)

You should care­ful­ly read the Terms of Use before using Our Site. By using Our Site or indi­cat­ing your agree­ment to be bound by the Terms of Use. This is a legal­ly bind­ing agree­ment. If you do not agree with the Terms of Use you should not use Our Site.

PLEASE NOTE! The mate­ri­als on this web site are intend­ed for users 18 years of age or old­er. By access­ing this site, you are con­firm­ing that you are 18 years of age as of the date of access.

1. We agree to pro­vide you access to Our Site in accor­dance with the Terms of Use.

2. You agree to use Our Site in a man­ner con­sis­tent with any and all applic­a­ble rules and regulations.

3. You accept that Our Site is pro­vid­ed on an “as is, as avail­able” basis.

4. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THECONTENT”) ARE PROVIDEDAS ISANDAS AVAILABLEFOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

5. We may for mar­ket­ing pur­pos­es col­lect, process and trans­mit data obtained from and about you in the course of your access­ing our site. Please see Pri­va­cy Pol­i­cy, below.

6. You are autho­rized to down­load one copy of the mate­r­i­al on our Site on one com­put­er for your per­son­al, non-com­mer­cial use only but you may not in so doing remove, use, or amend any trade­mark, copy­right or oth­er pro­pri­etary notice.

7. Sub­ject to the above, you may not mod­i­fy, copy, dis­trib­ute, repub­lish or upload any of the mate­r­i­al on our Site with­out our pri­or con­sent in writ­ing. No intel­lec­tu­al prop­er­ty or oth­er rights shall be trans­ferred to you.

8. To the extent that por­tions of our Site (such as “chat rooms” or “bul­letin boards”) may pro­vide users an oppor­tu­ni­ty to post and exchange infor­ma­tion, ideas and opin­ions (“Post­ings”), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Post­ings do not nec­es­sar­i­ly reflect our views. To the fullest extent per­mit­ted by applic­a­ble laws, we exclude all respon­si­bil­i­ty and lia­bil­i­ty for the Post­ings or for any loss­es or expens­es result­ing from their use and/or appear­ance on our Site.

9. To the fullest extent per­mit­ted by applic­a­ble laws, we on behalf of our employ­ees, agents, sup­pli­ers, and con­trac­tors exclude lia­bil­i­ty for any loss­es and expens­es of what­ev­er nature and how­so­ev­er aris­ing, includ­ing with­out lim­i­ta­tion any direct, indi­rect, spe­cial, puni­tive, or con­se­quen­tial dam­ages, loss of use, loss of data, loss caused by a virus, loss of income or prof­it, loss of or dam­age to prop­er­ty, claims of third par­ties, or oth­er loss­es of any kind or char­ac­ter, even if we has been advised of the pos­si­bil­i­ty of such dam­ages or loss­es, aris­ing out of or in con­nec­tion with the use of this our site or any web site with which it is linked. You assume total respon­si­bil­i­ty for estab­lish­ing such pro­ce­dures for data back up and virus check­ing as you con­sid­er necessary.

10. We reserve the right to mon­i­tor all mate­ri­als post­ed on any bul­letin board on our sites (“Post­ings”) and to remove any which we con­sid­er in our absolute dis­cre­tion to be offen­sive or oth­er­wise in breach of these Terms of Use.

11. You here­by rep­re­sent and war­rant that you have all nec­es­sary rights in and to all Post­ings you pro­vide and all mate­r­i­al they con­tain and that such Post­ings shall not infringe any pro­pri­etary or oth­er rights of third parties.

12. Where we may pro­vide hyper­text links to oth­er sites we do so for infor­ma­tion pur­pos­es only, and such links are not endorse­ments by us of any prod­ucts or ser­vices in such sites and we accept no lia­bil­i­ty nor make any endorse­ment or approval of the same.

13. The Terms of Use con­tain the entire under­stand­ing between us with respect of Our Site and no rep­re­sen­ta­tion, state­ment, induce­ment oral or writ­ten, not con­tained here­in shall bind either of us.

14. Should any part of the Terms of Use be declared invalid or unen­force­able by a court of com­pe­tent juris­dic­tion, this shall not affect the valid­i­ty of any remain­ing por­tion and such remain­ing por­tion shall remain in full force and effect as if the invalid por­tion of the Terms of Use had been eliminated.

15. This Agree­ment is gov­erned by the laws of the Province of Ontario, Cana­da, with­out regard to prin­ci­ples of con­flict of laws.

To the extent you have in any man­ner vio­lat­ed or threat­ened to vio­late The Phoenix Cen­tre Press and/or its affil­i­ates’ intel­lec­tu­al prop­er­ty rights, The Phoenix Cen­tre Press and/or its affil­i­ates may seek injunc­tive or oth­er appro­pri­ate relief in any state or fed­er­al court in the Province of Ontario, Cana­da, and you con­sent to exclu­sive juris­dic­tion and venue in such courts.

Any oth­er dis­putes will be resolved as follows:

If a dis­pute aris­es under this agree­ment, we agree to first try to resolve it with the help of a mutu­al­ly agreed-upon medi­a­tor in the fol­low­ing loca­tion: Kitch­en­er, Ontario, Cana­da. Any costs and fees oth­er than attor­ney fees asso­ci­at­ed with the medi­a­tion will be shared equal­ly by each of us.

If it proves impos­si­ble to arrive at a mutu­al­ly sat­is­fac­to­ry solu­tion through medi­a­tion, we agree to sub­mit the dis­pute to bind­ing arbi­tra­tion at the fol­low­ing loca­tion: Kitch­en­er, Ontario, Cana­da. Judg­ment upon the award ren­dered by the arbi­tra­tion may be entered in any court with juris­dic­tion to do so.

10 Jan­u­ary 2015
www.phoenixcentrepress.com

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PRIVACY POLICY

Last Updat­ed: 07 June 2011

The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) strives to offer its vis­i­tors the many advan­tages of Inter­net tech­nol­o­gy and to pro­vide an inter­ac­tive and per­son­al­ized expe­ri­ence. We may use Per­son­al­ly Iden­ti­fi­able Infor­ma­tion (your name, e-mail address, street address, tele­phone num­ber) sub­ject to the terms of this pri­va­cy pol­i­cy. We will nev­er sell, barter, or rent your email address to any unau­tho­rized third par­ty. Period.

How we gath­er infor­ma­tion from users

How we col­lect and store infor­ma­tion depends on the page you are vis­it­ing, the activ­i­ties in which you elect to par­tic­i­pate and the ser­vices pro­vid­ed. For exam­ple, you may be asked to pro­vide infor­ma­tion when you reg­is­ter for access to cer­tain por­tions of our site or request cer­tain fea­tures, such as newslet­ters or when you make a pur­chase. You may pro­vide infor­ma­tion when you par­tic­i­pate in sweep­stakes and con­tests, mes­sage boards and chat rooms, and oth­er inter­ac­tive areas of our site. Like most Web sites, The Phoenix Cen­tre also col­lects infor­ma­tion auto­mat­i­cal­ly and through the use of elec­tron­ic tools that may be trans­par­ent to our vis­i­tors. For exam­ple, we may log the name of your Inter­net Ser­vice Provider or use cook­ie tech­nol­o­gy to rec­og­nize you and hold infor­ma­tion from your vis­it. Among oth­er things, the cook­ie may store your user name and pass­word, spar­ing you from hav­ing to re-enter that infor­ma­tion each time you vis­it, or may con­trol the num­ber of times you encounter a par­tic­u­lar adver­tise­ment while vis­it­ing our site. As we adopt addi­tion­al tech­nol­o­gy, we may also gath­er infor­ma­tion through oth­er means. In cer­tain cas­es, you can choose not to pro­vide us with infor­ma­tion, for exam­ple by set­ting your brows­er to refuse to accept cook­ies, but if you do you may be unable to access cer­tain por­tions of the site or may be asked to re-enter your user name and pass­word, and we may not be able to cus­tomize the site’s fea­tures accord­ing to your preferences.

What we do with the infor­ma­tion we collect

Like oth­er Web pub­lish­ers, we col­lect infor­ma­tion to enhance your vis­it and deliv­er more indi­vid­u­al­ized con­tent and adver­tis­ing. We respect your pri­va­cy and do not share your infor­ma­tion with anyone.

Aggre­gat­ed Infor­ma­tion (infor­ma­tion that does not per­son­al­ly iden­ti­fy you) may be used in many ways. For exam­ple, we may com­bine infor­ma­tion about your usage pat­terns with sim­i­lar infor­ma­tion obtained from oth­er users to help enhance our site and ser­vices (e.g., to learn which pages are vis­it­ed most or what fea­tures are most attrac­tive). Aggre­gat­ed Infor­ma­tion may occa­sion­al­ly be shared with our adver­tis­ers and busi­ness part­ners. Again, this infor­ma­tion does not include any Per­son­al­ly Iden­ti­fi­able Infor­ma­tion about you or allow any­one to iden­ti­fy you individually.

We may use Per­son­al­ly Iden­ti­fi­able Infor­ma­tion col­lect­ed on The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) to com­mu­ni­cate with you about your reg­is­tra­tion and cus­tomiza­tion pref­er­ences; our Terms of Ser­vice and pri­va­cy pol­i­cy; ser­vices and prod­ucts offered by The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) and oth­er top­ics we think you might find of interest.

Per­son­al­ly Iden­ti­fi­able Infor­ma­tion col­lect­ed by The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) may also be used for oth­er pur­pos­es, includ­ing but not lim­it­ed to site admin­is­tra­tion, trou­bleshoot­ing, pro­cess­ing of e-com­merce trans­ac­tions, admin­is­tra­tion of sweep­stakes and con­tests, and oth­er com­mu­ni­ca­tions with you. Cer­tain third par­ties who pro­vide tech­ni­cal sup­port for the oper­a­tion of our site (our Web host­ing ser­vice for exam­ple) may access such infor­ma­tion. We will use your infor­ma­tion only as per­mit­ted by law. In addi­tion, from time to time as we con­tin­ue to devel­op our busi­ness, we may sell, buy, merge or part­ner with oth­er com­pa­nies or busi­ness­es. In such trans­ac­tions, user infor­ma­tion may be among the trans­ferred assets. We may also dis­close your infor­ma­tion in response to a court order, at oth­er times when we believe we are rea­son­ably required to do so by law, in con­nec­tion with the col­lec­tion of amounts you may owe to us, and/or to law enforce­ment author­i­ties when­ev­er we deem it appro­pri­ate or nec­es­sary. Please note we may not pro­vide you with notice pri­or to dis­clo­sure in such cases.

Secur­ing Your Information

This site has secu­ri­ty mea­sures in place to pro­tect the loss, mis­use and alter­ation of the infor­ma­tion under our con­trol. No infor­ma­tion is stored on The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com). We keep sub­scrip­tion data on our com­pa­ny sys­tem; this infor­ma­tion is inac­ces­si­ble through the Inter­net. Your shop­ping pref­er­ences (and option­al­ly your cred­it card infor­ma­tion) is NOT stored on our serv­er. All shop­ping infor­ma­tion is encod­ed, using Secure Sock­ets Lay­er. (SSL)

Pur­chas­es Through Our Website

The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) uses a vari­ety of inde­pen­dent com­pa­nies (includ­ing, but not lim­it­ed to: Ama­zon, Eseller­ate, Kuna­ki, Pay­Pal, Ebook­ling, etc.) as our shop­ping cart and ful­fill­ment choic­es. As such, The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) uses their shop­ping cart sys­tem for cus­tomer pur­chas­es. The ful­fill­ment com­pa­nies send us the purchasor’s con­tact infor­ma­tion. Con­tact infor­ma­tion from the pur­chase form is used for send­ing infor­ma­tion about our com­pa­ny to our cus­tomers. The customer’s con­tact infor­ma­tion is also used to get in touch with the vis­i­tor when nec­es­sary. Users may opt-out of receiv­ing future mail­ings; see the choice/opt-out sec­tion below. Finan­cial infor­ma­tion (like account or cred­it card num­bers) that is col­lect­ed is used to bill the user for prod­ucts and ser­vices stored exclu­sive­ly on the ful­fill­ment company’s site.

Sub­scrip­tion Con­tact Information

Our site’s sub­scrip­tion form requires users to give us con­tact infor­ma­tion (name and email address.) We use cus­tomer con­tact infor­ma­tion from the reg­is­tra­tion form to send the user infor­ma­tion about our com­pa­ny. The customer’s con­tact infor­ma­tion is also used to con­tact the vis­i­tor when nec­es­sary. Users may opt-out of receiv­ing future mail­ings; see the choice/opt-out sec­tion below.

Choice/Opt-Out
This site gives users the fol­low­ing options for remov­ing their infor­ma­tion from our data­base to not receive future com­mu­ni­ca­tions or to no longer receive our service.
The only reg­u­lar and sched­uled e-mail we send is to:

to peo­ple who have down­loaded our free book­lets, or pur­chased a prod­uct from us.
There are unsub­scribe links pro­vid­ed on each mailing.

Affil­i­at­ed sites, linked sites and advertisements

The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) expects its part­ners, adver­tis­ers and affil­i­ates to respect the pri­va­cy of our users. Be aware, how­ev­er, that third par­ties, includ­ing our part­ners, adver­tis­ers, affil­i­ates and oth­er con­tent providers acces­si­ble through our site, may have their own pri­va­cy and data col­lec­tion poli­cies and prac­tices. For exam­ple, dur­ing your vis­it to our site you may link to, or view as part of a frame on a The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) page, cer­tain con­tent that is actu­al­ly cre­at­ed or host­ed by a third par­ty. Also, through The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) you may be intro­duced to, or be able to access, infor­ma­tion, Web sites, fea­tures, con­tests or sweep­stakes offered by oth­er par­ties. The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) is not respon­si­ble for the actions or poli­cies of such third par­ties. You should check the applic­a­ble pri­va­cy poli­cies of those third par­ties when pro­vid­ing infor­ma­tion on a fea­ture or page oper­at­ed by a third party.

While on our site, our adver­tis­ers, pro­mo­tion­al part­ners or oth­er third par­ties may use cook­ies or oth­er tech­nol­o­gy to attempt to iden­ti­fy some of your pref­er­ences or retrieve infor­ma­tion about you. For exam­ple, some of our adver­tis­ing is served by third par­ties and may include cook­ies that enable the adver­tis­er to deter­mine whether you have seen a par­tic­u­lar adver­tise­ment before. Oth­er fea­tures avail­able on our site may offer ser­vices oper­at­ed by third par­ties and may use cook­ies or oth­er tech­nol­o­gy to gath­er infor­ma­tion. The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) does not con­trol the use of this tech­nol­o­gy by third par­ties or the result­ing infor­ma­tion, and is not respon­si­ble for any actions or poli­cies of such third parties.

You should also be aware that if you vol­un­tar­i­ly dis­close Per­son­al­ly Iden­ti­fi­able Infor­ma­tion on mes­sage boards or in chat areas, that infor­ma­tion can be viewed pub­licly and can be col­lect­ed and used by third par­ties with­out our knowl­edge and may result in unso­licit­ed mes­sages from oth­er indi­vid­u­als or third par­ties. Such activ­i­ties are beyond the con­trol of The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) and this policy.

Chil­dren

The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) does not know­ing­ly col­lect or solic­it Per­son­al­ly Iden­ti­fi­able Infor­ma­tion from or about chil­dren under 13 except as per­mit­ted by law. If we dis­cov­er we have received any infor­ma­tion from a child under 13 in vio­la­tion of this pol­i­cy, we will delete that infor­ma­tion imme­di­ate­ly. If you believe The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) has any infor­ma­tion from or about any­one under 13, please con­tact us at the address list­ed below.

Con­tact­ing Us

This site gives users the fol­low­ing options for chang­ing and mod­i­fy­ing infor­ma­tion pre­vi­ous­ly provided.

email- Users may con­tact us via an e-mail to our par­ent com­pa­ny, http://www.phoenixcentre.com/ to change their information.

Con­tact­ing the Web Site

If you have any ques­tions about this pri­va­cy state­ment, the prac­tices of this site, or your deal­ings with this Web site, you can contact

Wayne C. Allen
The Phoenix Cen­tre for Cre­ative Living
55 North­field Dri­ve, Suite 324
Water­loo, Ont. N2K 3T6
Canada
800–220-7749

email The Phoenix Centre

Changes to this Policy

The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) reserves the right to change this pol­i­cy at any time. Please check this page peri­od­i­cal­ly for changes. Your con­tin­ued use of our site fol­low­ing the post­ing of changes to these terms will mean you accept those changes. Infor­ma­tion col­lect­ed pri­or to the time any change is post­ed will be used accord­ing to the rules and laws that applied at the time the infor­ma­tion was collected.

Gov­ern­ing law

This pol­i­cy and the use of this Site are gov­erned by Ontario, Cana­da law. If a dis­pute aris­es under this Pol­i­cy we agree to first try to resolve it with the help of a mutu­al­ly agreed-upon medi­a­tor in the fol­low­ing loca­tion: Kitch­en­er, Ontario, Cana­da. . Any costs and fees oth­er than attor­ney fees asso­ci­at­ed with the medi­a­tion will be shared equal­ly by each of us.

If it proves impos­si­ble to arrive at a mutu­al­ly sat­is­fac­to­ry solu­tion through medi­a­tion, we agree to sub­mit the dis­pute to bind­ing arbi­tra­tion at the fol­low­ing loca­tion: Kitch­en­er, Ontario, Cana­da. Judg­ment upon the award ren­dered by the arbi­tra­tion may be entered in any court with juris­dic­tion to do so.

The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com) is con­trolled, oper­at­ed and admin­is­tered entire­ly with­in The Phoenix Cen­tre Press Web­site (www.phoenixcentrepress.com). This state­ment and the poli­cies out­lined here­in are not intend­ed to and do not cre­ate any con­trac­tu­al or oth­er legal rights in or on behalf of any party.

10 Jan­u­ary 2015
www.phoenixcentre.com