TERMS AND CONDITIONS OF USE
Effective date January 1, 2022
We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun.
Hopefully we’ve accomplished that, and would ask that you let us know if you’d like to see improvements or
changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them
over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not
use the site. We reserve the right to make any modifications that we deem necessary at any time. Please
continue to check these terms to see what those changes may be! Your continued use of the Phrella.com
Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the Phrella.com site, including, without limitation, text, software, names, logos,
trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are owned and controlled by Phrella.com. You, the visitor,
may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright,
trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the
materials in a manner that suggests an association with any of our products, services, events or brands, and
4) you do not download quantities of materials to a database, server, or personal computer for reuse for
commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or
distribute Online Materials in any way or for any other purpose unless you get our written permission first.
Neither may you add, delete, distort or misrepresent any content on the Phrella.com site. Any attempts to
modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the
software, and all data accompanying it, is considered licensed to you by Phrella.com or third-party licensors
for your personal, non-commercial home use only. We do not transfer title of the software to you. That
means that we retain full and complete title to the software and to all of the associated intellectual-property
rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or
otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information that you send to Phrella.com
through our site (other than information we promise to protect under our privacy policy becomes and
remains our property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas
you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will
have the exclusive ownership of all present and future rights to submissions of any kind. We can use them
for any purpose we deem appropriate to our Phrella.com mission, without compensating you or anyone else
for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we)
have full responsibility for the message, including its legality, reliability, appropriateness, originality, and
copyright.
Limitation of Liability
Phrella.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR
USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE
"INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE
LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO
RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF
ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR
CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER
ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS
OUR SITE.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should
not be seen as an endorsement, approval or agreement with any information or resources offered at sites
you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address
provided in your WWW browser to see if you are still in a Phrella.com-operated site or have moved to
another site. Phrella.com is not responsible for the content or practices of third party sites that may be
linked to our site. When Phrella.com provides links or references to other Web sites, no inference or
assumption should be made and no representation should be inferred that Phrella.com is connected with,
operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or
by implication, that you have received the endorsement, sponsorship or support of any Phrella.com site or
endorsement, sponsorship or support of Phrella.com, including its respective employees, agents or
directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time,
by destroying all materials obtained from all Phrella.com Web site, along with all related documentation and
all copies and installations. Phrella.com may terminate this agreement at any time and without notice to
you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you
must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise
that the materials will remain available to you. And Phrella.com is entitled to terminate all or any part of any
of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are responsible for compliance with any
applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the North
Carolina, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Phrella.com and/or its affiliates'
intellectual property rights, Phrella.com and/or its affiliates may seek injunctive or other appropriate relief in
any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue
in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-
upon mediator in the following location: Asheville. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit
the dispute to binding arbitration at the following location: Asheville, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court
with jurisdiction to do so.
Phrella.com may modify these Terms of Use, and the agreement they create, at any time, simply by updating
this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have
been discussed.
Contact
info(@)phrella.com
Phrella Press
825C Merrimon AVe. Suite 351
Asheville NC 28804 USA