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Terms and Conditions

Last modified on 01/23/2019
  1. Introduction; Your Agreement to these Terms of Use.
    PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the Comm1.net site (hereafter Comm1) consisting of the website available at https://Comm1.cloud.

    The Terms of Use apply whether you are a user that registers an account with the Comm1 or an unregistered user. You agree that by clicking "Create Account" or otherwise registering, downloading, accessing or using Comm1, you are entering into a legally binding agreement between you and Comm1 regarding your use of Comm1. You acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or otherwise use any of the Comm1 functions or products.

    When using or opening an account with Comm1 on behalf of a company, entity, or organization (collectively, " Subscribing Organization "), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Use and grant the licenses set forth; and (ii) agree to these Terms of Use on behalf of such Subscribing Organization.


  2. Use of Comm1 by Minors and Blocked Persons
    Comm1 is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use Comm1 under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

    Comm1 is also not available to any users previously removed from Comm1 by Comm1. Finally, Comm1 products and services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or any other applicable jurisdiction.

    BY DOWNLOADING PRODUCT, INSTALLING THE APP, OR OTHERWISE USING Comm1, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM USING Comm1.


  3. Privacy Policy
    Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information.


  4. Account
    • a.  Account and Password
      In order to open an account, you will be asked to provide us with certain information such as an email address and password.

      You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to Comm1 upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

      Unless expressly permitted in writing by Comm1, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Comm1 reserves all available legal rights and remedies to prevent unauthorized use of Comm1, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

      If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), immediately notify Comm1 at support@phx-is.com.

    • b.  Third Party Accounts
      Comm1 may permit you to register for and log on to Comm1 via certain third party services. If you log on to Comm1’s website via such third party services (such as a social network or our Android Apps), the profile information connected to the account you use to log into Comm1, including your name, may be used by Comm1 to provide and support your account. You also acknowledge and agree that Comm1 may publish information regarding your use of Comm1 to and in connection with any such third party services with which you use in connection with Comm1. The third party’s use of your information will be subject to that service’s privacy policy. Further information about linking your account and use of Third Party Accounts can be found in our Privacy Policy.


  5. Use of Devices and Services
    Access to Comm1 may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing Comm1.


  6. Modification of these Terms of Use
    Comm1 reserves the right to change these Terms of Use at any time at our discretion. We will give you notice of the changes by posting an updated version of these Terms of Use online, updating the "Last Update" date above, or by emailing you at an email address you have provided. Changes to these Terms of Use will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of Comm1 after changes to these Terms of Use take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using Comm1.


  7. License
    Comm1 is owned and operated by Phoenix Information Systems, LLC. Unless otherwise indicated, all content, information, and other materials on Comm1 (excluding User Content, set out in Section 8 below), including, without limitation, Comm1’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, adventure databases, other files and the selection and arrangement thereof (collectively, the "Materials") are protected by relevant intellectual property and proprietary rights and laws. Unless otherwise expressly stated in writing by Comm1, by agreeing to these Terms of Use you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use Comm1 for your personal use or internal business use only.

    Comm1 reserves all rights not expressly granted in these Terms of Use. This license is subject to these Terms of Use and does not permit you to engage in any of the following: (a) resale or commercial use of Comm1 or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of Comm1 or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of Comm1, the Materials, or any information contained in them, except as expressly permitted on Comm1; or (f) any use of Comm1 or the Materials except for their intended purposes. Any use of Comm1 or the Materials except as specifically authorized in these Terms of Use, without the prior written permission of Comm1, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Use, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Comm1 can terminate this license at any time, without notice.


  8. User Content
    Comm1 may allow users to enter data and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on Comm1 ("User Content").
    • a.  License To Comm1
      Unless otherwise agreed to in a written agreement between you and Comm1 that was signed by an authorized representative of Comm1, if you submit, transmit, display, perform, post or store User Content using Comm1, you grant Comm1 and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of Comm1 (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content.

    • b.  User Content Representations and Warranties
      You are solely responsible for your User Content and the consequences of posting or publishing it. By entering and publishing your User Content, you represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Comm1 or third parties. Comm1 reserves all rights and remedies against any users who breach these representations and warranties.

    • c.  Content is Entered At Your Own Risk
      Comm1 uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Comm1 does not guarantee and is not liable for any unauthorized copying, use or distribution of User Content. You hereby release and forever waive any claims you may have against Comm1 for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT CREATOR CONTENT USED BY Comm1 HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.


  9. Prohibited Conduct
    BY USING Comm1, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using Comm1. You agree that you will comply with these Terms of Use and andy Comm1’s Community Guidelines and will not:
    • i.  create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

    • ii.  impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Comm1 accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via Comm1, or perform any other similar fraudulent activity;

    • iii.  make unsolicited offers, advertisements, propComm1ls, or send junk mail or spam to users of Comm1, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;

    • iv.  harvest or collect the email addresses or other contact information of other users from Comm1;

    • v.  defame, harass, abuse, threaten or defraud users of Comm1, or collect, or attempt to collect, personal information about users or third parties without their consent;

    • vi.  remove, circumvent, disable, damage or otherwise interfere with security-related features of Comm1 or User Content, features that prevent or restrict use or copying of any content accessible through Comm1, features that enforce limitations on the use of Comm1 or User Content, or delete the copyright or other proprietary rights notices on Comm1 or User Content;

    • vii.  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Comm1 or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;

    • viii.  modify, adapt, translate or create derivative works based upon Comm1 or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

    • ix.  interfere with or damage operation of Comm1 or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

    • x.  relay email from a third party’s mail servers without the permission of that third party;

    • xi.  access any website, server, software application, or other computer resource owned, used and/or licensed by Comm1, including but not limited to Comm1, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Comm1 may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed Comm1, including but not limited to Comm1;

    • xii.  manipulate identifiers in order to disguise the origin of any User Content transmitted through Comm1;

    • xiii.  interfere with or disrupt Comm1 or servers or networks connected to Comm1, or disobey any requirements, procedures, policies or regulations of networks connected to Comm1; use Comm1 in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying Comm1, or that could damage, disable, overburden or impair the functioning of Comm1 in any manner;

    • xiv.  use or attempt to use another user’s account without authorization from that user and Comm1;

    • xv.  attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of Comm1 that you are not authorized to access;

    • xvi.  attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

    • xvii.  use Comm1 for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

    Comm1 takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Comm1 liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using Comm1. Your use of Comm1 is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that Comm1 will not contain any content that is prohibited by such rules.

    Comm1 is not liable for any statements or representations included in User Content. Comm1 does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Comm1 expressly disclaims any and all liability in connection with User Content. Although Comm1 has no obligation to screen, edit, or monitor any of the User Content, Comm1 reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on Comm1 at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on Comm1 at your sole cost and expense. Any use of Comm1 in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use Comm1.


  10. Respecting Copyright
    Comm1 respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or agent thereof and believe that content posted on Comm1 infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.


  11. Respecting Copyright
    Comm1, any Comm1 logos, Comm1.cloud, and any other product or service name, logo, or slogan used by Comm1, and the look and feel of Comm1, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of Comm1, and may not be used in whole or in part in connection with any product or service that is not Comm1’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Comm1, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that Comm1 may provide you from time to time.
    All other trademarks referenced in Comm1 are the property of their respective owners. Reference on Comm1 to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.


  12. Third Party Consent
    In addition to the User Content, Comm1 may provide other third party content on Comm1 (collectively the "Third-Party Content"). Comm1 does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on Comm1.

    You are responsible for deciding if you want to access or use third party websites or applications that link from Comm1 ("Reference Sites"). Comm1 does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Comm1 are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.


  13. Idea and/or Data Submission
    By posting on forums, submitting ideas, suggestions, documents, and/or propComm1ls ("Submissions") to Comm1 or its employees, you acknowledge and agree that Comm1 shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.


  14. Termination
    Comm1 reserves the right, without notice and in our sole discretion, to terminate your license to use Comm1 (including to post User Content), and to block or prevent your future access to and use of Comm1. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. Your only remedy with respect to any dissatisfaction with (i) Comm1, (ii) any term of these Terms of Use, (iii) any policy or practice of Comm1 in operating Comm1, or (iv) any content or information transmitted through Comm1, is to terminate your account and to discontinue use of any and all parts of Comm1.


  15. Disputes
    • a.  Indemnification
      The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

      You agree to indemnify, defend, and hold harmless Comm1, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of Comm1, any Content you post, store or otherwise transmit in or through Comm1, your violation of the rights of any third party, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Comm1 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Comm1, and you agree to cooperate with Comm1’s defense of these claims. Comm1 will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.

    • b.  Disclaimers; No Warranties
      The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

      TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) Comm1 AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Comm1; (B) Comm1, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS ("Comm1 PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO Comm1, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) Comm1 DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON Comm1 ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) Comm1 IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE Comm1 ATTEMPTS TO MAKE YOUR ACCESS AND USE OF Comm1 SAFE, Comm1 CANNOT AND DOES NOT REPRESENT OR WARRANT THAT Comm1 OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Comm1 OR THROUGH Comm1 WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM "Comm1" INCLUDES Comm1’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

    • c.  Limitation of Liability and Damages
      Users in the USA and rest of the world (non-EU):  The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
      • i.  Limitation of Liability.
        TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL Comm1 OR THE Comm1 PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE Comm1, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Comm1, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Comm1’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Comm1, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE Comm1 EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Comm1 DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

      • ii.  Reference Sites.
        THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Comm1 AND RECEIVED THROUGH OR ADVERTISED ON Comm1 OR RECEIVED THROUGH ANY REFERENCE SITES.

      • iii.  Basis of the Agreement.
        YOU ACKNOWLEDGE AND AGREE THAT Comm1 HAS OFFERED Comm1, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Comm1, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND Comm1. Comm1 WOULD NOT BE ABLE TO PROVIDE Comm1 TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

      • iv.  Users in the European Union.
        The following section only applies to you if you are a consumer resident in the European Union: Neither Comm1 and its affiliates and partners in all cases, nor you (if you are an individual customer), will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when the Terms of Use were agreed or updated as applicable. If you are a Subscribing Organization, then you are not granted any rights under this section.

    • d.  Applicable Law and Venue
      PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Comm1 AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Comm1.

      You and Comm1 agree to arbitrate any dispute arising from these Terms of Use or your use of Comm1, except that you and Comm1 are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Comm1 agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Comm1 shall be sent to Phoenix Information Systems, LLC., Attn: Legal, 160 Chemawa Road, Keizer, OR 97303. You and Comm1 further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Marion County, Oregon; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Marion County, Oregon have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Oregon and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Comm1 will not commence against the other a class action, class arbitration or other representative action or proceeding.



  16. Miscellaneous
    • a.  Waiver
      If we fail to exercise or enforce any right or provision of these Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the relevant party.

    • b.  Severability.
      If any provision of these Terms of Use or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

    • c.  Assignment.
      These Terms of Use and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Comm1 without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.

    • d.  Survival.
      Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.

    • e.  Entire Agreement.
      The Terms of Use, together with the Terms of Sale, the Privacy Policy and the Guidelines, is the entire agreement between you and Comm1 relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Use or Guidelines made by Comm1 as set forth in Section 6 above.

    • f.  Claims.
      If you are a consumer resident in the European Union and you disagree with the Terms of Use, we encourage you contact us as soon as possible after you start using Comm1 at support@phx-is.com since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances).

      The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

      YOU AND Comm1 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Comm1 MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.



  17. Requests for User Information
    All requests for information or documents from any Comm1 Service must be made using the appropriate level of legal process, and must be properly served on Comm1 via Phoenix Information Systems, LLC, Comm1’s registered agent. Please find below the Oregon address for Phoenix Information Systems, LLC:
    Comm1.cloud
    c/o Phoenix Information Systems, LLC
    160 Chemawa Road NE
    Keizer, OR 97303
    Please note that Comm1 does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, data at issue, e.g. entry such-and-such, and the username at issue, e.g. the Comm1 username or email address, the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request.

© 2019 Phoenix Information Systems, LLC.