Terms of Use

Last updated: December 29, 2021

These Terms of Use govern your use of this website and its related products and services, as provided by Phil Cohen, LLC (the “Company”) (the website and its related products and services collectively the “Site”). Your use of the Site constitutes your agreement to these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, do not use the Site.

No Warranties

Any and all content, information, products, services, and material provided on this Site is provided “AS IS,” with faults, and without any representations or warranties of any kind, whether expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no guarantees as to the accuracy, adequacy, validity, reliability, availability or completeness of the Site. Further, Company disclaims and does not assume any responsibility for anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by you or any user. You assume total responsibility and risk for your use of the Site.

Content

Unless otherwise stated, all content contained on the Site is owned, controlled or licensed by or to Company with all rights reserved, and is protected by applicable copyright, patent, trademark, and trade dress laws, and other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

No part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

Any and all feedback or other suggestions you provide may be used by the Company at its sole discretion, without any obligation of attribution or compensation.

Third-Party Links and Content 

The Site may contain links to third-party websites or content not belonging to or originating from Company. Company makes no representations or warranties regarding any non-Company content or links to third-party websites contained on this Site. Such third-party content and third-party links have been provided solely for convenience purposes and you are encouraged to do your own independent research in confirming their accuracy. Company does not control or monitor such third-party content or websites and does not endorse the content or the use of such websites. If you choose to access non-Company sites through links on the Site, you accept responsibility for all related risks, including any risk related to viruses, worms, Trojan horses, and other items of a destructive nature. Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Your Use of the Site

You may not use the Site in a manner that: (1) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (2) violates any law, statute, ordinance or regulation; (3) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (4) contains viruses, worms, Trojan horses or any other items of a destructive nature; (5) materially damages, disables, overburdens or impairs the Site or any other party’s use of the Site; or (5) contains links to any sites that do any of the aforementioned prohibited acts. 

Company reserves the right to contact appropriate legal authorities in the event that you are suspected or alleged to have performed any illegal or unlawful actions. Additionally, Company reserves the right to suspend or terminate your account with or without notice for any reason, at its sole discretion.

Privacy

By using the Site, you acknowledge and agree to the terms of the Privacy Policy with respect to the collection, use, storage, disclosure, and protection of your personal information when accessing the Site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SPONSORS HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, INCLUDING FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY HYPERLINKED WEBSITE(S), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE AS A RESULT OF ANY VIOLATION OF THESE TERMS OF USE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES. 

YOU AGREE THAT ANY VIOLATION BY YOU OF THESE TERMS OF USE MAY CAUSE IRREPARABLE HARM TO COMPANY FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE. THEREFORE, IN ADDITION TO ANY OTHER REMEDIES COMPANY MAY HAVE AT LAW OR IN EQUITY, COMPANY MAY OBTAIN ANY INJUNCTIVE OR EQUITABLE RELIEF THAT COMPANY DEEMS NECESSARY OR APPROPRIATE IN SUCH CIRCUMSTANCES. ADDITIONALLY, COMPANY WILL BE ENTITLED TO RECOVER FROM YOU ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION. 

NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED ONE HUNDRED US DOLLARS US$100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend and hold Company, its officers, directors, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Site.

Copyright 

Company recognizes and respects intellectual property rights and are committed assisting copyright owners in protecting their works. If you believe that any content uploaded on the Site infringes upon existing copyrights, owners or any agent may submit a notification to info@philcohen.com pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information:

  1. A description of the copyrighted work that you claim has been infringed;

  2. A description of the material claimed to be infringing and the location of the material;

  3. Your email address and your mailing address and/or telephone number;

  4. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  5. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Entire Agreement

These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter herein. Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. 

Governing Law

Your access to and use of this Site, and these Terms of Use, are governed by and will be construed in accordance with the laws of the State of California, without regard to conflicts of law provisions. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the San Diego County in the State of California, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Any offer for any product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.