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PHO NOMENAL TERMS AND CONDITIONS
1. Terms and conditions
These terms and conditions ("Terms", "Agreement") are an agreement between PHO NOMENAL, aka THANH THUY INC ("PHO NOMENAL", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the phonomenalashburn.com website and any of its products or services (collectively, "Website" or "Services").
2. Accounts and membership
You must be at least 13 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
2. User content
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
3. Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
4. Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
5. Third-party services
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against PHO NOMENAL with respect to such other services. PHO NOMENAL is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting PHO NOMENAL to disclose your data as necessary to facilitate the use or enablement of such other service.
6. Backups
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
7. Advertisements
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
8. Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, PHO NOMENAL will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
9. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Virginia, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Virginia, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You agree that any controversy or claim arising out of or relating to the Terms, the Site, the Mobile App, the Privacy Policy, and/or the PHO NOMENAL Services shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing the Virginia Uniform Arbitration Act, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Virginia Uniform Arbitration Act is available at https://cdn.ymaws.com/www.vba.org/resource/resmgr/imported/07.pdf. The arbitrator shall be selected pursuant to the Virginia Uniform Arbitration Act. Alternatively, you may assert your claims in small claims court in accordance with the terms of these Terms if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against PHO NOMENAL, you will be responsible for professional fees for the arbitrator’s services or any other Virginia Uniform Arbitration Act fees. If PHO NOMENAL initiates arbitration against you, PHO NOMENAL will not pay for the arbitrator’s services and any other Virginia Uniform Arbitration Act fees associated with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SITE OR MOBILE APP, ANY OF THE SERVICES PROVIDED ON THE SITE OR MOBILE APP, OR PLACE AN ORDER FROM THE SITE OR MOBILE APP IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE MOBILE APP, THE PRIVACY POLICY, THE GIFT CARD TERMS, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Any disputes arising out of or relating to these Terms, the Privacy Policy, the Site, the Mobile App, and/or the PHO NOMENAL Services shall be resolved in accordance with the laws of the state of Virginia, without regard to its conflict of law rules. Any disputes, actions or proceedings relating to these Terms or your access to or use of the Site or the Mobile App not subject to the arbitration provisions set forth herein must be brought in the Federal or state courts located in the state of Virginia and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
10. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11. Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by PHO NOMENAL or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with PHO NOMENAL. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of PHO NOMENAL or PHO NOMENAL licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any PHO NOMENAL or third-party trademarks.
12. Disclaimer of warranty
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
13. Limitation of liability
To the fullest extent permitted by applicable law, in no event will PHO NOMENAL, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if PHO NOMENAL has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of PHO NOMENAL and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to PHO NOMENAL for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
14. Indemnification
You agree to indemnify and hold PHO NOMENAL and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
15. Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
16. Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
17. Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
18. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
19. Disclaimer
This disclaimer ("Disclaimer", "Agreement") is an agreement between PHO NOMENAL, aka THANH THUY INC ("PHO NOMENAL", "us", "we" or "our") and you ("User", "you" or "your"). This Disclaimer sets forth the general guidelines, terms and conditions of your use of the phonomenalashburn.com website and any of its products or services (collectively, "Website" or "Services").
Representation
Any views or opinions represented on the Website belong solely to the Content creators and do not represent those of people, institutions or organizations that PHO NOMENAL or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
Content and postings
You may not modify, print or copy any part of the Website. Inclusion of any part of this Website in another work, whether in printed or electronic or another form or inclusion of any part of the Website in another website by embedding, framing or otherwise without the express permission of PHO NOMENAL is prohibited.
You may submit comments for the available Content on the Website. By uploading or otherwise making available any information to PHO NOMENAL, you grant PHO NOMENAL the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Website. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person's privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. By submitting or posting Content on the Website, you grant PHO NOMENAL the right to edit and, if necessary, remove any Content at any time and for any reason.
Compensation and sponsorship
This Website accepts forms of advertising, sponsorship, paid insertions or other forms of compensation. PHO NOMENAL is compensated to provide opinion on products, services, websites and various other topics. The compensation received may influence the advertising content, topics or posts made on the Website. Sponsored content, advertising space or post will always be identified as such. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, PHO NOMENAL will receive an affiliate commission.
Fitness and medical disclaimer
The information available on the Website is for general health information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should not rely exclusively on information provided on the Website for their own health needs. All specific medical questions should be presented to your own health care provider and you should seek medical advice regarding your health and before starting any nutrition, weight loss or any other type of workout program.
If you choose to use the information available on the Website without prior consultation with and consent of your physician, you are agreeing to accept full responsibility for your decisions and agreeing to hold harmless PHO NOMENAL, its agents, employees, contractors, and any affiliated companies from any liability with respect to injury or illness to you or your property arising out of or connected with your use of this information.
There may be risks associated with participating in activities presented on the Website for people in good or poor health or with pre-existing physical or mental health conditions. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
The results obtained from the information available on the Website may vary, and will be based on your individual background, physical health, previous experience, capacity, ability to act, motivation and other variables. There are no guarantees concerning the level of success you may experience.
Not legal advice
The information provided on the Website is for general information purposes only and is not an alternative to legal advice from your lawyer, other professional services provider, or expert. It is not intended to provide legal advice or opinions of any kind. You should not act, or refrain from acting, based solely upon the information provided on the Website without first seeking appropriate legal or other professional advice. If you have any specific questions about any legal matter, you should consult your lawyer, other professional services provider, or expert. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of the information on the Website.
The information on the Website is provided for your convenience only. This information may have no evidentiary value and should be checked against official sources before it is used for any purposes. It is your responsibility to determine whether this information is admissible in a given judicial or administrative proceeding and whether there are any other evidentiary or filing requirements. Your use of this information is at your own risk.
Not financial advice
The information on the Website is provided for your convenience only and is not intended to be treated as financial, investment, tax, or other advice. Nothing contained on the Website constitutes a solicitation, recommendation, endorsement, or offer by PHO NOMENAL, its agents, employees, contractors, and any affiliated companies to buy or sell any securities or other financial instruments.
All Content on this site is the information of a general nature and does not address the circumstances of any particular individual or entity. Nothing on the Website constitutes professional and/or financial advice, nor does any information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the Website before making any decisions based on such information. You agree not to hold PHO NOMENAL, its agents, employees, contractors, and any affiliated companies liable for any possible claim for damages arising from any decision you make based on the information made available to you through the Website.
Not investment advice
All investments are highly speculative in nature and involve substantial risk of loss. We encourage everyone to invest very carefully. We also encourage investors to get personal advice from your professional investment advisor and to make independent investigations before acting on information found on the Website. We do not in any way whatsoever warrant or guarantee the success of any action you take in reliance on statements or information available on the Website.
Past performance is not necessarily indicative of future results. All investments carry significant risk and all investment decisions of an individual remain the specific responsibility of that individual. There is no guarantee that systems, indicators, or signals will result in profits or that they will not result in full or partial losses. All investors are advised to fully understand all risks associated with any kind of investing they choose to do.
Reviews and testimonials
Testimonials are received in various forms through a variety of submission methods. They are individual experiences, reflecting experiences of those who have used products or services on the Website in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products or services. PHO NOMENAL is not responsible for the opinions or comments posted on the Website, and does not necessarily share them. People providing testimonials on the Website may have been compensated with free products or discounts for use of their experiences. All opinions expressed are strictly the views of the poster or reviewer.
The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are posted for public viewing.
Indemnification and warranties
While we have made every attempt to ensure that the information contained on the Website is correct. PHO NOMENAL is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Website is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will PHO NOMENAL, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning.
We reserve the right to modify this Disclaimer relating to the Website, products or services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of this disclaimer
You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Website you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Website.
20. Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via:
email to tomnguyen@phonomenalashburn.com
write a letter to:
20447 Exchange Street,
Leesburg, VA 20147
USA
This document was last updated on May 28, 2020