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 TERMS OF USE

Last updated: January 18, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

 1. YOUR ACCEPTANCE

Welcome to PhelpsConstructionGroup.com (the “Site”), the website owned and operated by Phelps Construction Group, LLC (“PCG”, “we”, “our” or “us”).  Please read these Terms of Use, together with any documents that they expressly incorporate by reference, before using the Site. Your access to and use of the Site, are subject to your agreement to these terms and conditions.

THESE TERMS OF USE INCLUDE A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS WITH RESPECT TO ANY DISPUTE WITH PCG (DISCUSSED IN SECTION 14 BELOW).

By clicking “Accept” at the end of this document, you acknowledge that you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.phelpsconstructiongroup.com/privacy, and will enter into a binding contract (the “Agreement”) with us governing your use of the Site and any services available on it. 

If you do not agree to these Terms of Use or the Privacy Policy, or do not want to enter into an agreement with Phelps, please exit and do not use the Site.

1.1 Eligibility Requirements. The Site is offered and available to users 13 years of age or older who reside in the United States or any of its territories or possessions. We make no claim that the Site or any of its content is accessible or appropriate outside of the United States, and access to the Site may not be legal by certain persons or in certain countries.  If you are under 18, your parent or guardian must enter into the Agreement on your behalf and you must use the Site with your parent or guardian.  

By clicking “Accept”, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.

1.2 Changes to Terms of Use:  We may revise these Terms of Use from time to time in our sole discretion without advance notice.  In the event these Terms of Use are modified, we will post all amendments on the Site and indicate the date of modification. All such amendments are effective immediately upon posting, and apply to access to and use of the Site thereafter. By clicking “Accept” and entering into the Agreement, you acknowledge and agree (a) that it is your responsibility to read the most current form these Terms of Services before using the Site to ensure that you agree to any changes made; (b) the standard for notice of changes to these Terms of Use are reasonable; and (c) to be bound by any modifications to these Terms of Services prior to your continued use of the Site.

2. PRIVACY.  Please review our Privacy Policy, which also governs your use of the Site to understand our practices.

3. WEBSITE CONTENT AND USE

1.3 Site Content.  Unless otherwise noted, the Site, all of the information, content, services and software displayed on, transmitted through, or used in connection with the Site, including, but not limited to, text, images, articles, opinions, reviews, images, illustrations, photographs, videos, audio clips, advertising, scripts, software, data compilations, and related materials, as well as their arrangement and the Site’s “look and feel” (collectively, “Content”) are protected under applicable copyright, trademark and other proprietary and intellectual property laws, and belong to PCG, our licensors, suppliers, rightsholders, or other content providers. The copying, rearrangement, redistribution, modification, use or publication by you in any medium, directly or indirectly, except as set forth in these Terms of Service is strictly prohibited.

The domain, www.PhelpsConstructionGroup.com, and the Phelps Construction Group, LLC’s logo are the property of PCG. Our domain, logo and service mark may not be used in manner unless approved in advance and in writing by us.

1.4 License.  Subject to your compliance with these Terms of Use, PCG or our content providers, grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content for your personal and non-commercial use as provided herein. We may terminate this license at any time.

1.5 Restrictions. You may use the Content online, or download any portion of the Content to a single computer, or print a single copy of any portion of the Content, subject to the following restrictions: You may not (a) remove any trademark, copyright or other proprietary notice contained in such Content;  (b) modify, use, reproduce, distribute, create derivative works of, republish, download, store, or transmit any of the Content, including but not limited to any product listings, descriptions, prices and/or images, or any information derived from the Content, for any commercial purpose, sale or rental, whether for your own benefit or the benefit of a third party; (c) decompile, reverse engineer, disassemble, tamper with or bypass any software available through or security associated with the Site; (d) transfer the Content to another person any commercial purpose, sale or rental. If you do not agree to these Terms of Use, do not use the Site or download any Content. 

All rights not expressly granted to you in these Terms of Use are reserved and retained by PCG or our licensors, suppliers, rightsholders, or other content providers. Any use of the Site or Content other than as expressly permitted by these Terms of Use is a breach of these Terms of Use. If you breach these Terms of Use, you must, at our option, return or destroy any copies of the Content you have made.

If you wish to use of the Site or any Content other than as set out in this section, please address your request to: communications@phelpsconstructiongroup.com.

1.6 Site Access.  PCG reserves the right, in its sole discretion, to remove or change the Site and/or the Content available on it, at any time and without notice. We will not be liable for any such changes, nor if all or any part of the Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or the entire Site, to registered users (discussed below).

1.7 Intellectual Property Complaints.  PCG respects the intellectual property of others. If You believe that Your intellectual property rights are being infringed, or are aware of any infringing material placed on the Site, please contact our designated copyright agent, in writing, either by email at copyrightagent@phelpsconstructiongroup.com or by regular mail at Phelps Construction Group, LLC, 315 Wootton Street - Unit K, Boonton, NJ 07005 Attn: Copyright Agent, DMCA Complaints, and please provide the following information as consistent with requirements of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that You claim has been infringed upon;

  • A description of where the material that You claim is infringing is located on the site;

  • Your address, telephone number, and e-mail 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 authorized to act on the copyright owner's behalf.

4. REGISTERED USERS.  To access portions of the Site or some of the resources it offers, you may be asked to provide certain registration information. It is a condition of your use of the Site that the information you provide is correct, current, and complete. You agree that the information you provide for such registration is governed by our Privacy Policy, and consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other identifying information as part of our security procedures, you must treat such information as confidential and not disclose anyone. You also acknowledge that your registered account is personal to you and agree not to provide any other person with access to the Site through the use of your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Please use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.

5. PROHIBITED USES

You agree not to use the Site:

(a) For any unlawful purpose of in violation or any applicable law; 
(b) To send or transmit any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter”, “mass mailings” or any form of “spam” or unsolicited commercial electronic messages, and any other commercial, political or religious solicitation or campaigning;
(c) To impersonate PCG, any PCG representative, or any other person or entity;
(d) In a way that could disable, overburden, damage, or impair the Site, interfere with the ability of others to use the Site, or that may, as determined by us, harm PCG or users; and
(e) Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.

In addition, you agree not to:

(a) Create a false identity on the Site, misrepresent your identity, or use or attempt to use another’s account;
(b) Imply or state that you are affiliated with or endorsed PCG without our express, written consent;
(c) Use any automatic device, software, process, routine or means (i) to access the Site for any purpose, including monitoring or copying any content from the Site or for any unauthorized purpose; and/or or (ii) that interferes with the proper working of the Site;  
(d) Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful code;
(e) Attempt to gain unauthorized access to, interfere with, violate the security of, damage, or disrupt any part of the Site, any system resources, accounts, passwords, the server on which the Site is stored, or any server, computer, database or other website connected to or accessible through the Site;
(f) Attack the Site or otherwise attempt to interfere with its functionality; and
(g) Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Site or the Content on it, without PCG’s written, advance consent.

6. WEBSITE SECURITY RULES.  You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for You or logging into a server or account which You are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

7. THIRD PARTY CONTENT 

The Site may publish or distribute Content supplied by third-party providers such as designers, contributors, users, reporting services, third-party licensors and software companies (collectively “Third Party Providers”). Responsibility for the accuracy and completeness of such Content lies solely with those Third Party Providers and is not guaranteed by PCG.  Any opinions, advice, answers, statements, services, offers, or other information or Content supplied by Third Party Providers are solely those of the Third Party Provider supplying such Content.  Third Party Content does not necessarily reflect PCG’s opinion.

Pursuant to 47 U.S.C.§ 230, PCG is not the publisher of information supplied by Third Party Providers, and is therefore not liable for any delays, inaccuracies, errors or omissions in such Content. Given the volume of information posted by Third Party Providers, PCG cannot and does not monitor all of the information posted to the Site and assumes no duty to monitor the Site for inappropriate or inaccurate Content. PCG, our affiliates, employees and/or representatives shall not be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding, PCG reserves the right to remove information provided by other Third Party Providers at any time in our sole discretion.

8. USER CONTRIBUTIONS

7.1 Purpose. Where and as made available by PCG, interactive areas of the Site (i.e. the message boards, forums, chat rooms, personal web pages, profiles, bulletin boards, or other interactive features (collectively, “Interactive Services”) may provide users with a forum to express their opinions and share ideas and information.  Interactive Services allow users to post, submit, publish, or display (hereinafter, “post”) reviews, comments, photos, videos, communications, information, and other materials (collectively, “User Content”) on or through the Site.

7.2 Requirements. Any User Content that you post to the Site will be considered non-confidential and non-proprietary. If you post User Content to the Site, you agree to follow these rules:  (a) you may not post User Content that violate these Terms of Use;  (b) you may not interfere with other users' use and enjoyment of the Site; (c) you may not use the Site to do anything that is illegal or that violates the rights of others; (d) you may not use the Site to advertise or sell products or services to others; (f) you may not post User Content that consists of or contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages; and (g) you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the post.

7.3 Acknowledgements. By posting User Content on the Site (a) you represent and warrant that that you own or otherwise control all rights to that content, and that the content is accurate and does not violate these Terms of Service and will not cause injury to any person or entity, (b) you grant PCG and PCG’s designees, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, modify, adapt, perform, publish, display, disclose distribute, create derivative works from, and otherwise use your User Content and (at PCG’s option) to use the name under which you post such User Content, for any and all commercial and non-commercial purposes to the fullest extent permitted by applicable law; (c) you acknowledge and agree that you, and not PCG, are fully responsible for any User Content you post, including the legality, reliability, accuracy, and appropriateness of such content, and agree to indemnify PCG for all claims resulting from such content.

7.4 Disclaimer. Where and as made available on the Site, Interactive Services are intended to encourage discussion and it is anticipated that opinions and judgments of users may differ. We cannot and do not undertake to review User Content before it is posted on the Site, and cannot ensure prompt removal of objectionable Third Party Content after it has been posted. Accordingly, although PCG reserves the right to monitor activity and/or delete, remove or edit User Content at any time, for any reason and in our sole discretion, we have no obligation to review User Content prior to its posting or thereafter, or to remove it. PCG is not responsible and assumes no liability (a) for any User Content posted by you or any other Website user and (b) any action or inaction regarding Third Party Content, transmissions, or communications.

7.5 Reservation of Rights. PCG reserves the right to (a) refuse to post any User Content for any reason or no reason in our sole discretion; (b) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or may expose PCG to liability;  (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (e) terminate or suspend your access to all or part of the Site for any or no reason.

7.6 Cooperation with Government Authorities. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity and other information of anyone who posts Content on or through the Site. YOU WAIVE AND HOLD HARMLESS PCG AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND OUR RESPECTIVE EMPLOYEES, OWNERS AND AGENTS, FROM ANY CLAIMS RESULTING FROM ANY ACTION BY PCG OR ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY PCG, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

7.7 User Content Standards.  User Content and the use of Interactive Services must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

(a) Contain illegal, defamatory, obscene, deceptive, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, threatening, discriminatory (on the grounds of race, religion, gender, age, nationality, disability, sexual orientation, disability or any other legally protected classification), or otherwise objectionable material.
(b) Promote sexually explicit or pornographic material, violence, or discrimination (on the ground of race, religion, gender, age, nationality, disability, sexual orientation, or any other legally protected classification).
(c) Infringe any intellectual property or other proprietary rights of any other person.
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
(e) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(f) Be likely to cause annoyance, inconvenience, needless anxiety or upset, embarrass alarm any other person.
(g) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(h) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
(i) Give the impression that they emanate from or are endorsed by PCG or any other person or entity, if this is not the case.

9. RELIANCE ON INFORMATION POSTED.  The information presented on or through the Site is made available solely for general information purposes.  In describing a product or service, and/or presenting information, PCG attempts to be as accurate as reasonably possible.  However, we do not warrant the usefulness or accuracy of such information or that it is complete, reliable, current, or error-free.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its Content. If a product or service referenced on the Site is not as described, your sole remedy is to seek to resolve the issue with the Third Party from whom you purchased or otherwise obtained it.

10. LINKS TO OTHER WEBSITES 

The Site may include links other websites that are not owned or operated by PCG or under PCG’s control (each a “Third Party Website”).  These links are for your convenience and for informational purposes. PCG does not endorse, recommend, approve, guarantee, warrant or recommend any Third Party Website, or any information, materials, products, or services contained on or available through such Third Party Website unless we expressly state otherwise. 

Although PCG endeavors to select only reputable Third Party Websites and sources of information, PCG is not responsible for the content, accuracy, trustworthiness, privacy or security of any Third-Party Website, or for any software available on Third Party Website. PCG is also not responsible for examining or evaluating the content of, or the products or services offered by or through, Third Party Websites. 

Links to a Third Party Website are offered on an “as is” basis.  You use or follow these links at your own risk.  PCG is not responsible for any damages or losses incurred arising from or related to your use of a link, or as a consequence of downloading any software available through a Third Party Website.

If you purchase any products or services offered on a Third Party Website, your purchase is directly from the operator and/or owner of that site. PCG is not a party to any agreement entered into by you and the owner or operator of a Third Party Website, and is not liable for the failure of any products or services offered on any such site. PCG does not assume any responsibility or liability for the actions, product, and content of any third parties.

Please remember that the use of any software downloaded from the Internet may be subject to a license agreement and your failure to observe the terms of such license agreement may result in the infringement of intellectual property rights of the software provider for which we are not responsible. Please be mindful that when you click on a link and leave the Site you will be subject to the terms of use and privacy policies of the Third Party Website that you visit.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE.  All information we collect on Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Site and Social Media Features

12. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, PCG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, INTERACTIVE SERVICES, HYPERLINKS, AND/OR THE SERVICES, PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE WEBSITE OR OTHERWISE BY OR THROUGH PCG.

PCG DOES NOT WARRANT AND MAKES NO REPRESENTATION AS TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, INTERACTIVE SERVICES, AND HYPERLINKS, OR THE SERVICES, PRODUCTS (INCLUDING SOFTWARE), AND OTHER WEBSITES MADE AVAILABLE TO YOU THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, PCG DOES NOT WARRANT THAT THE WEBSITE, PCG’S SERVERS, ELECTRONIC COMMUNICATIONS SENT FROM PCG OR THROUGH THE WEBSITE, OR SOFTWARE MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PCG, ITS EMPLOYEES, AGENTS, OFFICERS, OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, INTERACTIVE SERVICES, LINKS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER LINKED WEBSITES, OR FROM ANY SERVICES OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED OR REFERRED TO ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR SUCH OTHER LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO

DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY OTHER LOSSES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOSS OF BUSINESS OR GOODWILL AND DATA LOSS, EVEN IF FORESEEABLE. 

WITHOUT LIMITING THE FOREGOING, BUT IN THE INTEREST OF CLARITY, PCG WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER SYSTEM, SOFTWARE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

13. INDEMNIFICATION.  You agree to defend, indemnify, and hold harmless PCG, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your violation of these Terms of Use or (2) your unauthorized or unlawful use of the Site.

14. DISPUTES

Any dispute or claim you may assert or have against PCG arising from or relating in any way to your use of the Site, Interactive Services, links, other websites linked to the Site, and/or products or services made available through the Site, will be resolved by binding arbitration, rather than in court. You agree that the Federal Arbitration Act (the “FAA”) and the laws of the state of New Jersey apply to this Agreement, without regard to principles of conflict of laws.  The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes, and shall proceed at the AAA’s office closest to Morris County, New Jersey, unless you and PCG otherwise agree, in writing.  The AAA's rules are available at www.adr.org.

THERE IS NO JUDGE OR JURY IN ARBITRATION. In arbitration, the parties chose a neutral third-party, the arbitrator, who will decide the merits of the dispute. If the parties cannot agree on arbitrator, the AAA will appoint an arbitrator in accordance with the AAA’s rules.   An arbitrator is able to award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the term of this Agreement as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

15. ENTIRE AGREEMENT:  These Terms of Services, including the Privacy Policy incorporated herein by this reference, contains the entire Agreement between you and PCG relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by you, or by statements of any of PCG’s employees.

16. TERMINATION. Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. PCG may terminate this Agreement and/or your right to use the Site at any time, with or without cause. Sections 5 (Prohibited Uses), 6 (Website Security Rules), 7 (Third Party Content) 8 (User Contributions), 9 (Reliance on Information Posted), 11 (Information About You and Your Visits), 12 (Disclaimers of Warranties and Limitation on Liability), 13 (Indemnification), 14 (Disputes), 18 (Waiver of Breach), and 21 (Invalidity) of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. PCG reserves the right to discontinue the Site at any time.

17. ASSIGNMENT:  We may assign this Agreement, in whole or in part, in its sole discretion. You may not assign your rights under this Agreement without PCG’s prior written permission. Any attempt by you to assign your rights under this Agreement without PCG’s permission shall be void.

18. WAIVER OF BREACH:  Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

19. NOTICE:   PCG may deliver notice to you under this Agreement by means of electronic mail, or by written communication delivered by first class U. S. mail to your address on record with us, if any.  Other than for purposes of Section 1.7 (Intellectual Property Complaints), you may give notice to PCG at any time via electronic mail by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

Phelps Construction Group, LLC
Attn:  Marketing Dept.
315 Wootton Street - Unit K
Boonton, NJ 07005

20. HEADINGS:  The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

21. INVALIDITY:  If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, that provision or provisions (a) shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances or case, and shall not affect the validity and enforceability of any remaining terms; and (b) shall not be invalid, inoperative or unenforceable in any other case or circumstance.