TERMS & CONDITIONS

1. ACCEPTANCE OF TERMS

The Phoenix Tribe welcomes the undersigned customer (“You”). The Phoenix Tribe provides its service to You subject to the following Terms of Service (“TOS”), which may be updated from time to time at The Phoenix Tribe’s discretion with notice provided to you via e-mail. By logging into our system, you agree to the Terms of Service.

2. DESCRIPTION OF PRODUCTS & SERVICE

The Phoenix Tribe provides users with an innovative method to transmit information via SMS text messages, done through an easy-to-use web site (the “Service”). You agree that the Service may include certain communications from The Phoenix Tribe to You via email, such as service announcements and administrative messages, and that these communications are considered part of the membership of The Phoenix Tribe. Unless explicitly stated otherwise, any new features that amplify or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS”. You are responsible for obtaining access to the Service and that access may involve other fees (such as Internet service provider or airtime charges). You are responsible for those fees. You must provide and are responsible for all equipment necessary to access the Service.

3. THE PHOENIX TRIBE PRIVACY POLICY

In order to set up Your account, You must provide The Phoenix Tribe certain information. The Phoenix Tribe will never release Your information to anyone for any reason without prior approval by You, unless required to do so by law. As part of its service, The Phoenix Tribe collects the phone numbers of prospective members that access information via text message (SMS). The phone numbers collected will never be shared

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Phoenix Tribe of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that you exit from Your account at the end of each session. The Phoenix Tribe is not liable for any loss or damage arising from Your failure to comply with this.

5. MEMBER CONDUCT

You acknowledge, consent and agree that The Phoenix Tribe may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; (d) protect the rights, property, or personal safety of The Phoenix Tribe , its users and the public; or (e) subject to a legally issued subpoena or court order. You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected and use of these materials is subject to usage rules set by The Phoenix Tribe. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. INDEMNITY

You agree to defend, indemnify and hold The Phoenix Tribe, and its, officers, agents and employees, harmless from any claim, complaint, demand or lawsuit, including reasonable attorneys’ fees, made by any party due to or arising in any way out of Your subscription with The Phoenix Tribe or Your use of The Phoenix Tribe services.

7. NO RESALE OF SERVICE

The Phoenix Tribe service is non-transferable. You may not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

8. MODIFICATIONS TO SERVICE

The Phoenix Tribe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

9. TERMINATION

You agree that The Phoenix Tribe may, under certain circumstances and without prior notice, immediately terminate Your The Phoenix Tribe account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems and/or (f) You have engaged in fraudulent or illegal activities. Termination of Your The Phoenix Tribe account includes (a) deletion of your password and all related information associated with or inside Your account (or any part thereof), and (b) barring further use of the Service. Further, You agree that all terminations for cause shall be made at The Phoenix Tribe sole discretion and that The Phoenix Tribe shall not be liable to You for any termination of your account or access to the Service.

10. THE PHOENIX TRIBE PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by The Phoenix Tribe, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PHOENIX TRIBE EXPRESSLY DISCLAIMS 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. THE PHOENIX TRIBE MAKES NO WARRANTY THAT (i) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PHOENIX TRIBE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PHOENIX TRIBE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PHOENIX TRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) ANY OTHER MATTER RELATING TO THE SERVICE.

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.

14. NOTICE

The Phoenix Tribe may provide You with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

15. TRADEMARK INFORMATION

The Phoenix Tribe logo any trademarks and service marks and other The Phoenix Tribe logos and product and service names are trademarks of The Phoenix Tribe (“The Phoenix Tribe Marks”). The Phoenix Tribe grants, you permission to use The Phoenix Tribe marks on advertising brochures, sign riders and other marketing campaigns.

16. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between You and The Phoenix Tribe and governs your use of the Service, superseding any prior agreements between You and The Phoenix Tribe with respect to the Service. Choice of Law and Forum. The TOS and the relationship between you and The Phoenix Tribe shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and The Phoenix Tribe agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. Waiver and Severability of Terms. The failure of The Phoenix Tribe to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your The Phoenix Tribe account is non-transferable and any rights to Your The Phoenix Tribe or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted. Statute of Limitations. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

17. VIOLATIONS

Please report any violations of the TOS to the Violation Team at [email protected]