A. This Site
Phoenix Tailings, Inc. (“we”, “our”, “us”, or “Phoenix Tailings”) owns, operates and maintains this website, located at www.phoenixtailings.com (the “Site”). As used on the Site, the terms “you” and “your” means any person who views, accesses, uses, or obtains information from the Site or who obtains information by monitoring activity to and from the Site.
B. Acceptance of the Terms of Use
This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the Site. This Site also contains various information in the form of reports, data, text, graphics, logos, images, software and other materials about us, as well as third-party content that is licensed to us (collectively, the “Content”). By accessing and/or otherwise using this Site and its Content, you acknowledge that you have read, understood and agree to be legally bound by this Agreement.
Please read this Agreement carefully. We reserve the right to amend this Agreement at any time and from time to time by posting a revised Agreement on the Site. This Agreement was last revised on the date provided below. If you use the Site after an amended Agreement has been posted, you will be deemed to have agreed to such amended Agreement. Any revised Agreement will supersede all previous versions. You may want to periodically visit this page to view the most recent Agreement. This Agreement applies exclusively to your access and use of the Site and does not alter the terms or conditions of any other agreement you may have with us.
C. Permitted Use of the Site; Restrictions
You will access and use the Site solely for your personal, non-commercial purposes. You agree that your use of the Site will at all times be for a lawful purpose, and you agree to comply with all applicable federal, state or local laws, rules, regulations or orders in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.
In accessing and using the Site, you will not:
· Post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the Site or any Content in a manner that: (i) is inconsistent with this Agreement; (ii) violates any federal, state or local law, rule, regulation or order, or (iii) could damage, disable, overburden, or impair the Site, our computing systems or our provision of solutions to any third party, in whole or in part, or interfere with any other party’s use and enjoyment of the Site;
· Interrupt or attempt to interrupt the operation of this Site in any way;
· Impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us;
· Scrape or data-mine the Site or the Content (including through the use of any robot, spider or other automated device);
· Transfer the Content to another person or “mirror” the Content on any other server;
· Establish any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing;
· Frame any elements of this Site with any other website or utilize framing techniques to enclose the Content;
· Use any meta tags or any other “hidden text” utilizing Phoenix Tailings’ or its affiliates’ names or any of their trademarks, service marks, trade names, logos or graphics;
· Access or use the Site or its Contents for purposes of (i) building a competitive product or service, (ii) providing a product using similar ideas, functions or graphics, (iii) copying any proprietary features or graphics from the Site; or (iv) for any other purposes that would be to our disadvantage;
· Access or use the Site to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or
· Transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful programming (collectively, “Viruses”).
D. Intellectual Property Rights
You acknowledge that this Site and various elements contained therein are protected by intellectual property rights, including copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and will remain our property or the property of our licensors. You agree to comply with all intellectual property laws, and you will not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a reasonable number of copies of the Content for your personal, non-commercial use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You acknowledge and agree that the Site and the Content include subject matter that is owned by us or other third parties and is protected under copyright, trademark and other intellectual property laws. Unauthorized use of the Site or the Content may violate such intellectual property laws or other laws relating to privacy and publicity. The violation of such laws may give rise to civil and/or criminal penalties.
Trademarks, Logos and Service Marks
The trademarks, logos and service marks appearing on this Site, including, but not limited to “Phoenix Tailings”, are trademarks, logos and service marks of Phoenix Tailings, Inc. Other company, product, and service names and logos used and displayed on this Site may be trademarks, logos or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of trademarks, logos and service marks displayed on this Site, without our prior written permission in each instance.
Copyrights
The Content of this Site is protected by copyright law. All such Content is also copyrighted as a collective work under the copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
Copyright Complaints
If you believe this Site contains Content that infringes your copyright, please provide the information listed below to our designated agent (listed below) for claims of copyright infringement:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
· A description of the information that you claim to be infringing and a description of where the material that you claim is infringing is located on the Site;
· A description of the copyrighted work that you claim has been infringed;
· Your full contact information, including address, telephone number and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Our designated agent may be contacted as follows:
Phoenix Tailings, Inc.
Attn: Legal
8B Henshaw Street
Woburn, MA 01801 USA
Email: legalnotices@phoenixtailings.com
E. Communications with Us
Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via the Site or via electronic mail. Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include confidential information about you (such as your Social Security number) in any email that you send to us. We hereby expressly disclaim any liability for damages resulting from third-party interception of your communications with us via the Site or via electronic mail. If you choose to send us any information via the Site or via e-mail, you do so solely at your own risk.
F. Feedback and Submissions
Unless we specifically provided otherwise, all feedback or submissions of any kind that you submit to this Site (the “Contributions”) are hereby received on a non-confidential basis and will, to the fullest extent permissible under applicable law, become our property. To the extent that applicable law does not provide us with an ownership interest in any Contributions, you agree that by providing us with the Contributions, you are granting us and any of our affiliated companies and sublicensees a perpetual, royalty-free, irrevocable worldwide license to use, transmit, copy, reproduce, distribute, publicly display or perform, and prepare derivative works based upon the Contributions. By submitting or otherwise making the Contributions available to us, you represent and warrant that you own or control all rights in such Contributions necessary to post, upload, input, submit or otherwise make them available to us, and to provide us with either ownership or licensed rights under this section of this Agreement. You understand that your Contributions will not be confidential and that no compensation will be paid to you with respect to your Contributions. Despite the rights granted to us herein, we are under no obligation to in any way use, post, or otherwise make such Contributions available.
G. Links to Other Web Sites
This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content, products or services in the Third-Party Site. We do not control these Third-Party Sites and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. We have not investigated or monitored the Third-Party Sites for accuracy or completeness. The Third-Party Sites may have different privacy policies and security standards than our Site. We are not responsible if any terms shown on our Site differ from those shown on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk.
H. Privacy Notice
Our Privacy Notice, located at www.phoenixtailings.com, is hereby incorporated by reference into this Agreement and explains the policies applicable to the information that is collected through the Site or received directly from you.
I. Security
We protect your privacy related to this Site. We maintain appropriate administrative and technical controls to safeguard the security and privacy of your personal information.
J. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF PHOENIX TAILINGS NOR ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “PHOENIX TAILINGS PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE PHOENIX TAILINGS PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE PHOENIX TAILINGS PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WE DO NOT HAVE AN OBLIGATION TO DETECT THE PRESENCE OF VIRUSES. IF YOU DOWNLOAD SOFTWARE OR ANY OTHER CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN RISK.
THE CONTENT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE OR SUBSTITUTE FOR THE SERVICES OF QUALIFIED PROFESSIONALS IN ANY FIELD. NOTHING ON THE SITE IS INTENDED TO BE, OR SHOULD BE CONSIDERED, INVESTMENT, ACCOUNTING, TAX, FINANCIAL OR LEGAL ADVICE. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE OUTCOMES AND RESULTS OF ANY PURCHASE, SALE, OR OTHER TRANSACTION THAT YOU CONDUCT AFTER OR AS A RESULT OF VISITING THE SITE. YOU ALSO ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS, AND RESULTS REGARDING INVESTMENT, ACCOUNTING, TAX, FINANCIAL, OR LEGAL MATTERS, AND YOU AGREE THAT WE WILL NOT BE HELD LIABLE FOR ANY DECISIONS MADE BY YOU IN RELIANCE OR WITH REFERENCE TO ANY CONTENT YOU ACCESS ON THE SITE WITH RESPECT TO SUCH MATTERS.
K. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE PHOENIX TAILINGS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT WILL ANY OF THE PHOENIX TAILINGS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE PHOENIX TAILINGS PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
L. Indemnity
By using the Site, you agree to indemnify, hold harmless, and, at Phoenix Tailings’ request, defend the Phoenix Tailings Parties from and against any and all claims, damages, obligations, losses, liabilities, and all costs, debts, and expenses of defense, including but not limited to, reasonable attorneys' fees and costs, resulting directly or indirectly from or arising out of (i) any personal or other data you provide to the Site (or that Phoenix Tailings gathers or collects on your behalf or that you create, generate, or process via the Site); (ii) any violation of this Agreement; (iii) your use and access of the Site, Content, or third party materials; or (iv) any other claim by a third party that is based on your use of the Site in violation of this Agreement, in each case, except to the extent such claim, demand, damage, loss, liability, or expense arises from our sole negligence.
M. Termination
We may terminate, suspend, and/or bar your access to the Site immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement.
N. Governing Law; Disputes
This Agreement and all matters relating to your access to, or use of this Site will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without giving effect to conflict of law principles. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations. Those who choose to access this Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
Any legal action or proceeding relating to this Agreement or your access to or use of this Site will be instituted in a state or federal court in the Commonwealth of Massachusetts. You agree to submit to the jurisdiction of, and agree that venue is proper in these courts.
You acknowledge and agree that the Site possesses a special, unique, and extraordinary character that would make it difficult to assess the monetary damages resulting from any unauthorized use and that unauthorized use may cause immediate and irreparable damage to Phoenix Tailings or other users for which Phoenix Tailings or such other users would not have an adequate remedy at law. Therefore, you agree that, in the event of such unauthorized use, in addition to other legal and equitable rights and remedies available to Phoenix Tailings, Phoenix Tailings will be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
O. Language
If we have provided you with a translation of the English language version of this Agreement, then you agree that the translation is provided for your convenience only and that the English language versions of this Agreement will govern your relationship with Phoenix Tailings. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.
P. Minors
We do not intend to solicit information or to market any products or services to children under the age of eighteen (18) years (a “Minor”) through this Site. If you allow your Minor child or a Minor for whom you are a legal guardian to access the Site, you will be solely responsible for (i) the online conduct of such Minor, (ii) monitoring such Minor’s access to and use of the Site, and (iii) the consequences of any use of the Site by such Minor.
Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors.
Q. Miscellaneous
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion will be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement will remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Governing Law; Disputes and Miscellaneous will survive the termination of this Agreement. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. We reserve the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. You expressly absolve and release the Phoenix Tailings Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver will be effective unless in writing. The paragraph headings herein are provided only for reference and will have no effect on the construction or interpretation of this Agreement. You expressly agree not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States.
R. Contact Us
If you have any questions about this Agreement or the Site, please contact us at:
Phoenix Tailings, Inc.
Attn: Legal
8B Henshaw Street
Woburn, MA 01801 USA
Email: legalnotices@phoenixtailings.com
Last Updated: October 23, 2025