Terms of Service
Last updated December 31, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Phenix Sharp LLC. ("Company," "we," "us," "our").
We operate the website http://www.phenixsharp.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at 201-899-8818 or by email at info@phenixsharp.com
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Phenix Sharp LLC., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN/REFUNDS POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. THIRD-PARTY WEBSITES AND CONTENT
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25. MISCELLANEOUS
26. E-COMMERCE STORE TERMS
27. SUBSCRIPTIONS
28. GENERAL CONDITIONS
29. INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
30. SERVICE AND PRICING MODIFICATIONS
31. AUTHORIZATION FOR SHARPENING ENHANCEMENT
32. SHIPPING AND HANDLING OF KNIVES
33. PRIOR EXPERIENCE WITH CUTLERY
34. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND SHIPPING INSURANCE
35. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@phenixsharp.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- Apple Pay
- Google Pay
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. RETURN/REFUNDS POLICY
All sales are final and no refund will be issued. Please see our return policy for more information.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.phenixsharp.com/policies/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey, without regard to its conflict of law principles.
18. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. E-COMMERCE STORE TERMS
Phenix Sharp E-Gift cards may only be redeemed on our website (http://www.phenixsharp.com). E-Gift cards cannot be redeemed for cash and cannot be replaced if lost, stolen, or used without your permission.
They may not be transferred, resold or redeemed for other gift cards. Promo codes cannot be applied to the purchase of gift cards. Phenix Sharp E-Gift cards ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services provided by Phenix Sharp on http://www.phenixsharp.com.
Purchases are deducted from the redeemer’s Gift Card balance. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method. No fees apply to Gift Cards. Gift cards do not expire.
We have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on http://www.phenixsharp.com
27. SUBSCRIPTIONS
By ordering a "Subscription" and agreeing to the accompanying terms on this page, you agree to accept these terms and conditions ("Terms") for our subscription ordering program ("Subscription").
The Terms constitute the entire agreement between you and us relating to our Subscription program. By placing an order and enrolling in our Subscription program, you accept these terms, conditions, limitations and requirements. Please read the following terms carefully.
By enrolling in Phenix Sharp's Subscription program, you agree to the following terms and conditions governing the knife sharpening services provided under this subscription:
1. Service Details: When you subscribe to Phenix Sharp's knife sharpening service, you are opting for pre-scheduled sharpening services. You have the flexibility to choose how often you receive Phenix Sharp sharpening envelopes. The selected frequency determines the regularity of the knife sharpening services.
2. Modification and Cancellation: You have the liberty to modify or cancel your pre-scheduled delivery at any time. This includes changing your shipping address, payment method, and the frequency of your sharpening services. These modifications can be made through your online account on the Phenix Sharp website.
3. Subscription Fee: By subscribing to Phenix Sharp's knife sharpening service, you agree to pay the applicable subscription fee for the chosen frequency of sharpening services. The subscription fee will be charged to the payment method you provide during the enrollment process.
4. Payment Authorization: By enrolling in the Subscription program, you authorize Phenix Sharp to charge the subscription fee to your designated payment method at the selected frequency. You also acknowledge that Phenix Sharp may use a third-party payment processor to facilitate these transactions.
5. Authorization Hold: If you do not cancel your order before the day prior to your scheduled ship date, Phenix Sharp will proceed with processing your order. In such instances, a credit card authorization hold will be placed on the payment method associated with your subscription or any updated payment method you may provide. This authorization hold serves to secure the funds required for the upcoming sharpening service. During this period, you may notice a pending charge on your account as Phenix Sharp prepares your order for shipment. It's important to be aware that this pending charge does not signify the completion of the transaction but rather represents the temporary reservation of funds to facilitate the processing of your subscription. Phenix Sharp is committed to providing transparency in financial transactions, and we encourage you to contact us if you have any inquiries or concerns regarding the authorization hold or any other billing-related matters.
6. Subscription Duration: Your Subscription will remain in effect until it is cancelled. You can cancel at any time via the My Account section on phenixsharp.com or by emailing to info@phenixsharp.com.
7. Agreement Changes: Phenix Sharp may, in its sole discretion, change these Terms without notice. If any change is found invalid, void, or unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued participation after changes constitutes your acceptance of the modifications. If you disagree with any changes, you must cancel your subscriptions.
8. Additional Terms: Phenix Sharp reserves the right to terminate your Subscription at any time without notice. If terminated, you will only be charged for orders that have been shipped to you. Sharpening services are only available for customers within the forty-eight (48) contiguous US states. Your participation in the Subscription program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization. All returns under the Subscription program are subject to the Phenixsharp.com Return Policy. Subscriptions are void where prohibited.
28. GENERAL CONDITIONS
1. Service Refusal: Phenix Sharp reserves the right to refuse service to anyone at any time and for any reason. This includes, but is not limited to, instances where we believe that the use of our knife sharpening service may violate these terms, applicable laws, or pose a risk to Phenix Sharp or its users.
2. Content Transmission: You acknowledge that your content, excluding credit card information, may be transferred unencrypted. This involves transmissions over various networks and may undergo changes to conform and adapt to the technical requirements of connecting networks or devices. While credit card information is always encrypted during transfer over networks, you understand and accept the inherent risks associated with unencrypted content transmission.
3. Usage Restrictions: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Phenix Sharp knife sharpening service, including the use of the service or access to the service. This extends to any contact on the website through which the service is provided. Express written permission from Phenix Sharp is required for any such actions.
4. Headings for Convenience: The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. They are provided to facilitate ease of reference and understanding but do not alter the substantive meaning or enforceability of the terms and conditions set forth in this agreement. These General Conditions are an integral part of the overall Terms of Service for Phenix Sharp's knife sharpening service. Your continued use of the service implies your acceptance of these conditions, and Phenix Sharp reserves the right to modify them at any time. It is your responsibility to review these terms periodically for updates or changes.
29. INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS
1. Accuracy of Information: Phenix Sharp strives to provide accurate, complete, and current information on its website, but we do not guarantee the accuracy, completeness, or timeliness of the information made available. While we make efforts to ensure the information is reliable, errors or inaccuracies may occur, and we disclaim any responsibility for such occurrences.
2. Historical Information: This site may contain historical information for reference purposes. However, historical information is not current and should not be relied upon for decision-making. Phenix Sharp reserves the right to modify the contents of the site at any time, but we are under no obligation to update historical information. Users agree that the utilization of historical information is at their own risk.
3. Modification of Site Contents: Phenix Sharp retains the right to modify the contents of its site, including but not limited to product offerings, pricing, and service details, at any time without prior notice. While we strive to keep the information current, there is no obligation on our part to update the site immediately following changes. Users acknowledge that they should regularly check for updates and modifications on our site.
4. User Responsibility: It is your responsibility to verify and assess the accuracy, completeness, and timeliness of any information presented on the Phenix Sharp website. We recommend that users exercise due diligence and seek clarification directly from Phenix Sharp if uncertainties arise regarding the information provided on the site. This section, addressing the accuracy, completeness, and timeliness of information, forms an integral part of the broader Terms of Service for Phenix Sharp. Your continued use of the service implies acceptance of these conditions, and any updates or changes will be effective upon posting on the Phenix Sharp website.
30. SERVICE AND PRICING MODIFICATIONS
1. Price Changes: Prices for Phenix Sharp's knife sharpening services are subject to change without prior notice. While we strive to maintain transparent and competitive pricing, Phenix Sharp reserves the right to adjust service prices as needed to reflect market conditions, operational costs, or other relevant factors.
2. Service Modifications or Discontinuation: Phenix Sharp reserves the right, at its sole discretion, to modify or discontinue the knife sharpening services, or any part thereof, without prior notice. This includes changes to service offerings, features, or the entire service itself. Such modifications or discontinuations may occur for various reasons, including but not limited to technological advancements, business strategy adjustments, or improvements to the overall service.
3. Liability Disclaimer: Phenix Sharp shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our knife sharpening services. While we strive to provide uninterrupted and reliable services, circumstances may arise that necessitate changes, and we disclaim any liability for any inconvenience, loss, or damages resulting from such actions. This section concerning modifications to the service and pricing is an essential component of the broader Terms of Service for Phenix Sharp.
By continuing to use our services, you acknowledge and accept the possibility of modifications and pricing adjustments, which will be effective immediately upon posting on the Phenix Sharp website. It is your responsibility to stay informed about any changes to these terms.
31. AUTHORIZATION FOR SHARPENING ENHANCEMENT
By engaging Phenix Sharp's knife sharpening services, the customer acknowledges and authorizes Phenix Sharp to significantly increase the sharpness of all metal knives, ceramic knives, and other blades and implements submitted for sharpening. The customer expressly grants Phenix Sharp the authority to physically alter the edge of their blades with the intention of enhancing sharpness and improving the overall working effectiveness of the blades. This authorization encompasses the use of various sharpening techniques and tools employed by Phenix Sharp's skilled professionals to achieve the desired level of sharpness as part of the sharpening service. The customer understands and accepts that the sharpness enhancement process may result in a more pronounced cutting edge, and by providing their blades for sharpening, they explicitly consent to this alteration for the purpose of improving the performance of their knives and blades. This authorization is an integral part of the agreement between the customer and Phenix Sharp, and it is presumed that the customer has carefully considered and accepts the consequences of authorizing the enhancement of sharpness in accordance with these terms.
32. SHIPPING AND HANDLING OF KNIVES
The customer acknowledges and agrees to exercise due care when packaging their knives for shipment to Phenix Sharp for sharpening. It is the customer's responsibility to ensure that knives and other implements are securely and safely packaged to prevent any damage during transit. Upon receipt of the sharpened items from Phenix Sharp, the customer further agrees to exercise extreme caution in handling and opening the packaging containing the sharpened knives or other implements. This includes, but is not limited to, carefully removing items from the packaging, unwrapping them, and testing the sharpness of the blades. Phenix Sharp takes every precaution to provide a secure and safe packaging for the return of sharpened items. However, it is essential for the customer to be mindful of the potential increased sharpness resulting from the sharpening process. The customer should handle the items with care to avoid accidental injuries and exercise caution when assessing the sharpness of the blades. By utilizing Phenix Sharp's knife sharpening services, the customer acknowledges their responsibility for the safe packaging and handling of knives throughout the shipping and receiving process, including any necessary precautions during the unwrapping and testing of the sharpened items.
33. PRIOR EXPERIENCE WITH CUTLERY
The customer affirms and assures that they possess prior experience using and handling the knives or other implements submitted to Phenix Sharp for sharpening. This past experience includes activities such as using the blades for cutting or chopping, handling the knives (including opening and closing them where applicable), utilizing other implements for cutting purposes, and, if applicable, using the knives while engaged in activities such as hunting or fishing. Additionally, the customer may have experience regularly using scissors, whether for personal or professional purposes. Given their history of using these tools, the customer expressly agrees to exercise reasonable caution in the usage and handling of the knives or other implements following sharpening by Phenix Sharp. This commitment to reasonable caution is particularly important in light of the potential increase in sharpness resulting from the sharpening process. Phenix Sharp relies on the customer's representation of their experience to ensure that they are adequately prepared and informed about the characteristics of the sharpened items. By engaging in our knife sharpening services, the customer acknowledges their responsibility to exercise caution based on their past experience with cutlery.
34. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND SHIPPING INSURANCE
1. Service Assurance: Phenix Sharp does not guarantee, represent, or warrant that its knife sharpening services will be uninterrupted, timely, secure, or error-free. While we strive to provide reliable services, interruptions, delays, or errors may occur.
2. Service Discontinuation: Users acknowledge and agree that Phenix Sharp may discontinue its services for an indefinite period or cancel its services without prior notice to customers or other users. The cessation of services may occur for various reasons, and Phenix Sharp is not obligated to provide advance notice.
3. Disclaimer of Warranties: It is expressly understood and agreed that the use of Phenix Sharp's services or the inability to use these services is at the customer's sole risk. The services and all finished products delivered by Phenix Sharp are provided "as is" and "as available" for their intended use, unless otherwise designated. Phenix Sharp disclaims any representation, warranty, or condition, whether express or implied, including but not limited to implied warranties of merchantability, merchantable quality, fitness for a particular use or purpose, or durability.
4. Shipping Insurance: Shipments are insured up to $400. In the event of a claim, Phenix Sharp may require photos and/or purchase receipts of the knives to support the claim.
5. Safety Acknowledgment: By placing an order for sharpening services, the customer agrees that they have read the safety warnings and requirements contained in these Terms of Service. The customer acknowledges that neither Phenix Sharp, its officers, directors, employees, agents, contractors, interns, suppliers, service providers, nor its licensors shall be liable for any injury, loss, or claim arising from the use or handling of knives or other utensil edges sharpened and shipped by Phenix Sharp.
6. Customer Responsibility: Customers expressly agree to assume full responsibility for informing third parties of the danger posed by the extreme sharpness of knives serviced on their behalf by Phenix Sharp. The need to exercise caution in handling and using the knives or other implements is emphasized, as they may easily cause injury if not handled with care.
7. Limitation of Liability: In no event will Phenix Sharp, its officers, directors, employees, agents, contractors, interns, suppliers, service providers, nor its licensors be liable for direct, indirect, incidental, punitive, special, or consequential damages arising from the use of Phenix Sharp’s services. This limitation of liability applies whether based on legal theories of contract, tort, strict liability, or otherwise, and extends to any claim related to the use of services or the sharpened knives provided by Phenix Sharp.
35. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Phenix Sharp LLC.
__________
Phone: 201-899-8818