Phoenix Ignited Terms of Service

Last Updated May 19, 2025

1. Introduction

These Terms and Conditions (“Terms”) form a legally binding contract between Phoenix Ignited, LLC (“we,” “us,” or “our”) and you, the individual, company, or other legal entity (“you”) entering into these Terms. These Terms outline and govern your obligations, rights, and responsibilities in connection with your engagement with us, including your use of our website, services, web-based services, and any information or content we provide, whether in electronic, digital, or other formats.

2. Appendability of Terms

Phoenix Ignited, LLC may, from time to time, enter into separate contracts or agreements with other companies, individuals, or entities that include specific terms and conditions (“Appended Terms”). In the event of any conflict or inconsistency between these Terms and any Appended Terms, the Appended Terms shall prevail and govern the specific agreement to which they apply. For Appended Terms to be legally enforceable, they must be documented in writing, which may include digital or ink formats.

3. Acceptance of Terms

These Terms form a legally binding agreement between you and Phoenix Ignited, LLC. If you do not agree with any part of these terms, please do not use Our Site or Services.

4. Changes to Terms

We reserve the right to modify or update these terms at any time. Any changes will be posted on this page, and the date at the top will reflect the last modification date. Your continued use of the Site or services after changes are posted constitutes your acceptance of the revised terms.

5. Eligibility

By using our Site, you represent that you are at least 18 years old and capable of entering into a binding contract.

6. Use of the Site and Services

You agree to use the Site and services only for lawful purposes and in a way that does not infringe on the rights of, restrict, or inhibit anyone else’s use and enjoyment.

7. Registration and Account Security

You may be required to create an account to access certain features of the Site. You agree to provide accurate, current, and complete information during the registration process and update such information to maintain its accuracy. You are responsible for safeguarding your password.

8. Payouts and Fees

All service charges and fees are determined by the specific agreement or contract governing each service or engagement.

9. Refund Policy

Product refunds are specific to each product; please refer to the individual product’s return policy for eligibility.

10. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of Phoenix Ignited, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of any content is prohibited.

11. User-Generated Content

Users may submit content such as reviews, comments, posts, images, or other content, information, or media. By submitting, you grant Phoenix Ignited, LLC a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, edit, modify, or completely remove your content in any media.

12. Prohibited Activities

You agree not to engage in activities including, but not limited to:

Transmitting harmful or malicious code.
Violating any applicable local, national, or international laws.
Infringing on the rights of any person or entity.

13. Dispute Resolution; Mediation and Arbitration

Informal Resolution. Before initiating any legal claim, you agree to first contact us to attempt to resolve the dispute informally. We will attempt to resolve the issue in good faith.

Binding Arbitration. If the dispute cannot be informally resolved through mediation within 30 days, you and the Company agree to resolve any claim, dispute, or controversy arising out of or relating to the Service or these Terms exclusively through final and binding arbitration in Helena, MT, rather than in court, except as set forth below. Arbitration shall be administered by the American Arbitration Association, or, if mutually agreed, another arbitration organization. If the parties cannot agree, arbitration shall proceed under the AAA rules. The decision of the arbitrator will be final and binding on both parties.

No Class Actions. You agree to bring any claims against us only in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.

Exceptions. Either party may seek relief in small claims court in Montana, or seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14. Force Majeure

The Company shall not be held liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government actions, war, terrorism, labor conditions, power failures, internet or telecommunications outages, or other unforeseen circumstances beyond its control.

15. Termination

We reserve the right to suspend or terminate your access to the Site or services at our discretion, without notice, for any violation of these terms or other reasons.

16. Disclaimer of Warranties

The Site and services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

17. Limitations of Liability

To the fullest extent permitted by applicable law, Phoenix Ignited, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

18. Indemnification

You agree to indemnify, defend, and hold harmless Phoenix Ignited, LLC and its affiliates from any claims, liabilities, damages, losses, or expenses arising out of your use of the Site.

19. Governing Law

These terms shall be governed by the laws of Montana, United States, without regard to its conflict of laws principles. Any disputes shall be resolved in the courts of Montana, United States, unless otherwise determined by us.

20. Contact Information

For questions or concerns about these Terms, please contact us at

cyber@phoenixignited.tech

or by mail at

Phoenix Ignited, LLC

P.O. Box 904

Condon, MT 59826

21. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Phoenix Ignited, LLC and supersede any prior agreements.

22. Severability

If any part of these Terms is found to be unenforceable, the rest shall remain in full force.

23. Survivability

Sections on intellectual property, disclaimer of warranties, limitation of liability, indemnification, dispute resolution, and governing law shall survive termination of your access to the Site or Services.

24. License & Disclaimer

These Terms were created at least in part with the aid / help of AI. They are licensed under the CC0 Creative Commons license: https://creativecommons.org/public-domain/cc0/