Terms & Conditions

Scope and Application

In Short: This Agreement governs your use of our Site and incorporates our Privacy Policy.

This Agreement applies to your use of our Site. You — the party accessing or using this Site ("You") — are entering into a legally binding Agreement (the "Agreement") with us, including our Privacy Policy, which is incorporated by reference.

We reserve the right, at any time and from time to time, to add to, delete, or modify our Agreement, Privacy Policy, and any part of our Site. We will notify you of material changes to the Privacy Policy by posting the new terms on the Site. If you continue to use the Site after such changes take effect, you agree to be bound by the revised terms.

Terms of Use

In Short: By submitting information you consent to be contacted and understand no professional engagement is formed solely by submitting a form.

2.1 If we determine that your inquiry is one we can help with, you consent to being contacted using the contact method you provided. Submitting information does not guarantee a specific response or outcome, and we reserve the right to determine how best to respond to each inquiry in our sole discretion.

2.2 Submitting information through our Site does not establish a formal professional or contractual relationship beyond what is expressly stated. You understand and agree that any information received through follow-up communications is general in nature. Phoenix Rising Foundation is a nonprofit organization, not a law firm, healthcare provider, or crisis hotline.

2.3 We may conclude that the information you submit does not meet our current capacity or criteria for follow-up. We reserve the right, in our sole discretion, to determine whether and how your submission is addressed.

Representations

In Short: You warrant that the information you provide is accurate and that you have authority to enter this Agreement.

3.1 You represent and warrant that any information you provide is accurate and sufficient for us to respond to your inquiry.

3.2 Each party represents and warrants that it has full right and authority to enter into this Agreement, that its execution and performance will not breach any agreement with a third party, and that the provisions of this Agreement are binding and enforceable against it, except as may be limited by applicable law.

Disclaimers and Limitation of Liability

In Short: We disclaim all warranties and our total liability is limited to the maximum extent permitted by law.

4.1 To the maximum extent permitted by law, we expressly disclaim any and all representations and warranties of any kind, express or implied, including any warranties of quality, availability, accuracy, or fitness for a particular purpose. There is no guarantee that our Site is accurate, timely, complete, or error-free.

4.2 To the fullest extent permitted by applicable law, we are not liable for any indirect, special, consequential, incidental, or other damages, regardless of the cause or theory of liability. Our total cumulative liability arising out of this agreement shall not exceed one hundred dollars ($100).

4.3 This agreement does not affect your statutory rights as a consumer. However, we shall be entitled to the maximum limitations and exclusions permitted by law.

Arbitration and Dispute Resolution

In Short: Disputes are resolved through binding individual arbitration under Florida law.

5.1 You understand and agree that all claims, disputes, or controversies between you and us — including tort and contract claims and claims based on any federal, state, or local statute, law, order, or regulation — shall be resolved by final and binding arbitration. Claims must be brought solely in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.

5.2 Any party intending to make a claim shall first notify the other party in writing, describing the nature and basis of the claim with reasonable particularity. The parties shall attempt to resolve the dispute in good faith within thirty (30) days of the written response before initiating arbitration.

5.3 The parties independently waive any right to bring or participate in any class action related to or arising from this Agreement.

Governing Law

In Short: This Agreement is governed by Florida law with disputes resolved in Palm Beach County courts.

6.1 This Agreement and your use of our Site shall be construed, governed by, and enforced under the substantive laws of the State of Florida. You submit to the jurisdiction of the State and Federal courts situated in Palm Beach County, Florida, USA for all disputes arising out of or related to the use of the Site.

6.2 You hereby waive any right to a trial by jury in connection with any action or proceeding arising under this Agreement or your use of our Site.

Miscellaneous

In Short: This is the entire agreement between us, and includes severability, no-waiver, and assignment restrictions.

This Agreement is the entire agreement between you and us regarding the subject matter hereof and supersedes all prior or inconsistent understandings. Our Agreement cannot be modified except as described herein or in a written amendment signed by an authorized representative.

If any provision of this Agreement is found to be illegal, unenforceable, or invalid, that provision shall be severable and shall not affect the remainder of the Agreement. No waiver of any breach shall constitute a waiver of any prior, concurrent, or subsequent breach. You may not assign, transfer, or make over your rights under this Agreement; any purported assignment shall be null and void.

Headings are for reference only and shall not affect meaning. If we have reason to believe anything could compromise the health or safety of any person, violate any law, or infringe on any rights, we reserve the right to report and provide information to regulatory and law enforcement authorities as permitted by law.

Questions about these Terms may be directed to info@thephoenixrisingfoundation.net.