Terms & Conditions of Service

Generally: Phenix’s services are performed subject to these standard Terms and Conditions of Service. They are legally binding and may affect Client’s substantial rights. They include certain rights and damages disclaimers, waivers, limitations and releases, and indemnity obligations. By engaging Phenix, Client agrees to them. Client also agrees that any information it provides to Phenix is true and correct to the best of Client’s knowledge based on reasonable investigation and that all information and documents exchanged between Client and Phenix, including any reports provided by Phenix, shall be maintained strictly confidential and secure and shall not be disseminated by Client. These Terms and Conditions of Service may be modified only by a writing signed by an officer of Phenix.

Payment/Termination: Unless different pricing (such as a fixed fee) is agreed to in writing by an officer of Phenix, Client agrees to pay Phenix on a time (hourly) and costs-incurred basis, including for investigative services and in responding to and complying with any legal process or proceedings related to Client’s matter, if any. Phenix’s rates and costs incurred do not include applicable sales or similar taxes or other governmental levies of any kind, if any. Phenix’s invoices shall be conclusive of amounts owed by Client to Phenix. Client shall pay all Phenix invoices in full within thirty (30) days of their issuance by Phenix. Invoices not paid in full within thirty (30) days of their issuance shall bear interest at the rate of one and one-half percent (1 1/2%) per month on any past due balance. Payment is not contingent and is due irrespective of the results of any services performed by Phenix or of any legal, licensure or other dispute between Client and Phenix. Either Phenix or Client may terminate Phenix’s services upon thirty (30) days written notice; provided, however, that Phenix may terminate its services immediately in the event of Client’s failure to timely pay Phenix or for Client’s other material breach of these Terms and Conditions of Service or of any related agreement between Phenix and Client. In the event of termination, the provisions of these Terms and Conditions of Service and of any related agreements between Phenix and Client shall remain binding upon Client.

Release/Waiver/Disclaimer of Representations and Warranties: To the fullest extent allowed by law, and only to that extent, Phenix disclaims, and Client waives and releases, all representations and warranties of any nature in any way arising out of or related to Client’s transaction with Phenix and Phenix’s services, including any on or in Phenix’s website or advertising materials, or contained in any email or other communications, other than those contained expressly in these Terms and Conditions of Service. Neither Phenix’s services, nor any particular results of such services, are warranted or guaranteed in any manner.

Rights and Damages Releases/Waivers/Disclaimers/Limitations/Indemnity: To the fullest extent allowed by law, and only to that extent, Phenix disclaims, and Client waives and releases, all claims, liability, injuries, losses and damages (including penalties and fines) of any nature in any way arising out of or related to Client’s transaction with Phenix, including in any way arising out of or related to Phenix’s website, its advertising materials, or any email or other communications, Phenix’s services and/or these Terms and Conditions of Service, whether in contract, tort (including for negligence or strict liability), under statute, or otherwise, and even in the event of Phenix’s claimed or actual negligence or other culpable (including intentional) conduct. In addition, in no event shall Phenix’s liability for damages, if any, exceed the amount Client actually paid for Phenix’s related services, and in no event shall Phenix be liable for any incidental, consequential, or exemplary damages. Client also agrees to indemnify and hold harmless Phenix for any claims, liability, injuries, losses and damages (including penalties and fines) of any nature which are claimed to or which actually in any way arise out of or relate to Client’s transaction with Phenix, including in any way arising out of or related to Phenix’s website, its advertising materials, or any email or other communications, Phenix's services and/or these Terms and Conditions of Service and even in the event of Phenix’s claimed or actual negligence or other culpable (including intentional) conduct.

Jurisdiction and Arbitration of Disputes: Client has thirty (30) days from the issuance of Phenix’s related invoice to dispute any billing or services, which dispute shall not delay full payment by Client. Client irrevocably agrees that jurisdiction and venue in all disputes of any nature in any way arising out of or related to Client's transaction with Phenix, including in any way arising out of or related to Phenix’s website, its advertising materials, or any email or other communications, Phenix’s services and/or these Terms and Conditions of Service shall be, exclusively, in Johnson County, Indiana and governed, exclusively, by Indiana law without regard to any choice of law rules or Client’s state of residence or location. Client waives its rights, if any, to sue in any other court, whether local, state, or federal, and also waives its federal court removal rights, if any. In the event of any dispute between Client and Phenix, and to the fullest extent allowed by law (and only to that extent), Client agrees to pay all related, reasonable attorney’s fees, court costs and other costs, including all attorney’s fees and court and other costs incurred by Phenix.

Certain Financial Information Requests and Certifications: Certain requests for financial and credit information, including money and investment account information, and particularly information pertaining to individuals, may be subject to federal and state privacy and other laws such as the Fair Credit Reporting Act, 15 U.S.C. sections 1681 et seq. and the Graham-Leach-Bliley Act, 15 U.S.C. sections 6801 et seq., 6821 et seq. Such laws generally require that any requests for such information be genuine, restrict the availability of such information to persons having a documented legally permissible purpose for the information, require that any such information be used only for such purposes and for no others, and further require that any such information be maintained strictly confidential and secure. Such laws may also require notification to the subject in any case where adverse employment, credit or other action is taken against the subject. These laws may apply to Client. Please go to www.ftc.gov and/or consult your legal advisor to verify whether such laws apply and, if so, how. To the extent that these laws apply to Client, Client certifies that any request for such information is genuine, that Client has a documented legally permissible purpose for the information as required by law, that Client shall use any such information only for such purposes and for no others, and that any such information shall be maintained strictly confidential and secure. Phenix is not a Credit Reporting Agency.

Licensure: Phenix and/or any investigators performing services (individually or a business) for Client is/are licensed by federal, state and/or local agencies, where required. Not all services offered require licensure. Some advertising and services may be conducted as or by “Reveal Investigations.” All services are initiated in a jurisdiction or jurisdictions in which Phenix itself (or an affiliate) is licensed.  Phenix is not licensed in all states. MI-3701206599 IN-20700097 CA-27753 REVEAL FL-A1700298