Last updated: January 18, 2019
1. YOUR ACCEPTANCE
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.
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.
If you wish to use of the Site or any Content other than as set out in this section, please address your request to: email@example.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 firstname.lastname@example.org 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.
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.
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.
7.3 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.
7.6 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.
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.
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.
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.
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.