Terms & Conditions

1. Introduction

1. 1. These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. If you register with our website, submit any material that is utilize within our website, or utilize any of our web services, we will ask that you expressly agree to our terms and conditions.
  2. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
2. Credit
  1. This document was based off of a template from SEQ Legal (https://www.seqlegal.com).
3. Copyright Notice
  1. Copyright (c) 2020 Phenix Rods and Accessories.
  2. All the copyright and intellectual property rights in our website and material on our website are reserved.
4. License to use website
  1. You may:
    1. view pages from our website in a web browser;
    2. download pages from our website for caching in a web browser;
    3. print pages from our website;
    4. Use our website services by means of a web browser,

subject to the other provision by these terms and conditions.

Except as expressly permitted by Section 4 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer, unless authorized from Phenix Rods & Accessories Inc. consent is given.
You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own, have spoken/written consent provided by Phenix Rods & Accessories Inc., or control the relevant rights in the material you must not:
1. republish material from our website (including republication on another website);
2. sell, rent, or sub-license material from our website;
3. show any material from our website in public;
4. exploit material from our website for a commercial purpose; or
5. redistribute material from our website.
Notwithstanding Section 8, you may red our newsletter in print and electronic form to any individual’s.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Acceptable Usage
1. You must not:
  1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purposes or activity;
  3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is liked to) any spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. Access or otherwise interact with our website using any robot, spider, or other automated means;
  6. violate the directives set out in the robots.txt file for our website;
  7. use data collected from our website for any direct marketing activity, including without limitation to e-mail marketing, SMS marketing, telemarketing, and/or direct mailing.
You must not use data collected from our website to contact individuals.
You must ensure that all the information you supply to us through our website, or in relation to our website, is accurate.
Registration and accounts
1. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the e-mail that the website will send to you.
2. You must not allow any other person to use your account to access the website.
3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
4. You must not use any other individual’s account to access this website, unless you have the person’s express permission to do so.
5. Addresses provided for the newsletter must be provided accurately and the address provided must be owned by you
6. You are not allowed to provide an e-mail address that is not within your possession.
User IDs and passwords
1. If you register for an account with our website, you will be asked to select a User ID and password
2. Your user ID must not be liable to mislead and must comply with content rules set out in section labelled content
3. You must keep your password confidential.
4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such failures.
Cancellation and suspension of account
1. We may:
  1. suspend your account;
  2. cancel your account; and/or
  3. edit your account details,
  4. at any time in our sole discretion without notice or explanation.
2. You may cancel your account on our website, using your account control panel on the website.
Your content: license
1. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and/or files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website/reproduce, store and, with your specific consent, publish your content on and in relation to this website.
3. You grant to us the right to sub-licence the rights licenced under Section 17.B
4. You grant to us the right to bring an action for infringement of the rights licensed under Section 17.B
5. You hereby waive all your moral rights in your content to maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6. You may edit your content to the extent permitted using the editing functionality made available on our website.
7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of our content.
Your content: rules
1. You warrant and represent that your content will comply with these terms and conditions.
2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law)
3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
  1. Be libellous or maliciously false;
  2. Be obscene or indecent;
  3. Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of privacy or right under data protection legislation;
  4. Constitute negligent advice or contain any negligent statement;
  5. Constitute an incitement to commit a crime;
  6. Be in contempt of any court, or in breach of any court order;
  7. Be in breach of racial or religious hatred or discrimination legislation;
  8. Be blasphemous;
  9. Be in breach of any contractual obligation owed to any person;
  10. depict violence in an explicit, graphic or gratuitous manner;
  11. be pornographic, lewd, suggestive or sexually explicit;
  12. be untrue, false, inaccurate or misleading;
  13. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  14. constitute spam;
  15. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  16. cause annoyance, inconvenience or needless anxiety to any person.
Warranties
1. Phenix Rods & Accessories (“Phenix Rods”) warrants that its fishing rods and blanks are free from defects in material and workmanship for the lifetime of the original owner. Subject to the conditions and limitations set forth below, Phenix Rods will, at its option, either repair or replace any part of its products that prove defective by reason of improper workmanship or materials.
2. This warranty does not cover any damage to this product that results from fire, intentional breakage, accident, abuse, misuse, natural disaster, repair, or modification.
3. This warranty does not cover any damage to this product that results from fire, intentional breakage, accident, abuse, misuse, natural disaster, repair, or modification.
4. This warranty covers only repair or replacement for defective Phenix Rods products. Phenix Rods reserves the right to determine whether to repair or replace any Phenix Rods product covered by this warranty and the right to replace any discontinued models with comparable models when necessary. Colors and components may vary between original and replacement parts. This warranty does not apply to products used for commercial purposes.
5. This warranty covers only repair or replacement for defective Phenix Rods products. Phenix Rods reserves the right to determine whether to repair or replace any Phenix Rods product covered by this warranty and the right to replace any discontinued models with comparable models when necessary. Colors and components may vary between original and replacement parts. This warranty does not apply to products used for commercial purposes.
6. This warranty covers only repair or replacement for defective Phenix Rods products. Phenix Rods reserves the right to determine whether to repair or replace any Phenix Rods product covered by this warranty and the right to replace any discontinued models with comparable models when necessary. Colors and components may vary between original and replacement parts. This warranty does not apply to products used for commercial purposes.
7. PHENIX RODS SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
8. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state.
No-hassle rod replacement program
1. Damages determined to be from accident, normal wear and tear, or neglect, Phenix Rod’s offers a no-hassle replacement policy. In the event a rod is broken, only the specific model of the broken rod can be replaced.
Upgrade Program
1. We value our loyal Phenix Rods owners. All rods manufactured by Phenix Rods prior to 2007 can be upgraded towards any new rod in our most current catalog. Rod owners with these rods can choose a rod within the series to the one that is being upgraded, and pay an upgrade fee of 50% off MSRP. All PT and PTX upgrades to the Elixir Series are subject to the upgrade fee. Rods to be traded in for upgrade must be in complete condition.
2. All shipping costs will be at the responsibility of the rod owner.
Limitations and exclusions of liability
1. Nothing in a contract under these terms and conditions will:
  1. To the extent that out website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
  2. We will not be liable to you in respect of any losses arising out of any event or events beyond out reasonable control.
  3. We will not be liable to you in respect of any businesses losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipation, savings, business, contracts, commercial opportunities or goodwill.
  4. We will not be liable to you in respect of any loss or corruption of any data, database or software.
  5. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
  6. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Breaches of these terms and conditions
1. i. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
  1. send you one or more formal warnings;
  2. temporarily suspend your access to our website;
  3. permanently prohibit you from accessing our website;
  4. block computers using your IP address from accessing our website;
  5. contact any or all of your internet services providers request that they block your access to our website;
  6. commence legal action against you, whether for breach of contract or otherwise; and/or
  7. suspend or delete your account on our website.
  8. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Variation
1. We may revise these terms and conditions from time to time.
2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
Assignment
1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
1. If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
1. Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction
1. A contract under these terms and conditions shall be governed by and construed in accordance with English Law.
2. Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of England.
Our details
1. This website is owned and operated by Phenix Rods & Accessories Inc.
2. Our principal place of business is at 17156 Woodruff Ave. Bellflower, CA 90621
3. You can contact us by writing to the business address given above, by using our websites contact form, by e-mail to [email protected] or by telephone at: (562) 924-5400