This website is the property of Phelan Development Company (“ Phelan”). Certain portions of this website and certain services made available on the website may be available solely to registered users. Other portions of this website and certain services may be made generally available. In either case, your use of any portion of this website or any services made available through this website (the “Services”) is subject to your agreement to the terms and conditions set forth herein and the completion of any applicable registration requirement. By registering for access to any portion of this website or any Services or by using any portion of this website or any Services you and your company or other business organization (hereinafter “you” or “your” will be deemed to mean both you and your company or business organization) agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not proceed any further and do not use this website or any of the Services made available herein.
Use of this website is solely at Phelan’s discretion, and Phelan reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this website. You are not granted any rights in or to this website, any Services or any information, other than the limited right to use this website, the Services or the information according to the terms of this Agreement and the policies and procedures that Phelan may adopt and make available on this website from time to time. Phelan may terminate your access to this website at any time.
This website contains information proprietary to Phelan and its business partners and customers (the “Information”) including but not limited to: (i) the website’s look, feel and embodied know-how, ideas and concepts; (ii) texts, illustrations, drawings, logos, marks and slogans; and (iii) information and data related to Phelan, its business partners and its or their customers. This website, including the Information is protected by U.S. copyright law and international treaties. This Information may only be used for non-commercial, personal use and may not be reproduced, modified, transferred, sold or published for any purpose, in whole or in part, without the prior written consent of Phelan.
Business partners or customers providing or using Information that is made available on this website are solely responsible for the accuracy and content of the Information supplied or used and agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You agree (i) not to retransmit, publicly display, sell or use the Information provided other than solely for internal business purposes, and (ii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your use of the Services.
YOUR USE OF THIS WEBSITE, ANY OF THE SERVICES OR ANY OF THE INFORMATION IS AT YOUR OWN RISK. THIS WEBSITE, THE SERVICES AND THE INFORMATION ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION.
YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS AND ACCURACY OF ALL INFORMATION MADE AVAILABLE ON THIS WEBSITE. PHELAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CUSTOMERS, BUSINESS PARTNERS, OR THE INFORMATION MADE AVAILABLE HEREIN. NEITHER PHELAN NOR ANY OF ITS BUSINESS PARTNERS WARRANTS THAT USING THIS WEBSITE, ANY OF THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER PHELAN NOR ANY OF ITS BUSINESS PARTNERS IS RESPONSIBLE FOR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. LINKING TO OTHER WEBSITES FROM THIS WEBSITE IS AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL PHELAN OR PHELAN’S BUSINESS PARTNERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THE CLAIMS OF YOUR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, INTERRUPTION IN USE OR AVAILABILITY OF THE WEBSITE, THE SERVICES OR THE INFORMATION, STOPPAGE OF OTHER WORK OR IMPLEMENTATION OF OTHER ASSETS), ARISING OUT OF YOUR USE OF THE WEBSITE, ANY SERVICE OR ANY INFORMATION, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT PHELAN OR ITS BUSINESS PARTNERS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT THAT PHELAN ACTUALLY RECEIVED FROM YOU FOR THE RIGHT TO ACCESS THE PORTION OF THE WEBSITE, THE SPECIFIC SERVICE OR THE INFORMATION THAT DIRECTLY CAUSED THE DAMAGE. IN NO EVENT MAY ANY CLAIM BE BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT MORE THAN ONE YEAR AFTER A PARTY KNOWS OR SHOULD HAVE KNOWN OF THE ACTION GIVING RISE TO THE CLAIM. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION.
Nothing in this Agreement will be construed to make Phelan, its business partners, customers or you an agent, employee, joint venturer, partner, franchisee-franchisor or legal representative of the other. Neither of us will either have nor represent itself to have any authority to bind the other to any obligation.
If any provision of this Agreement is held to be unenforceable, this holding will not affect the validity of the other provisions of this Agreement. This Agreement will be governed by and interpreted in accordance with the laws of California, U.S.A. Any controversy or dispute will be submitted to the state or federal courts in and for Orange County, California, U.S.A. This Agreement constitutes the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this website, the Services and the Information and supersedes all other agreements with respect to the subject matter hereof. You acknowledge and agree that Phelan may modify or amend this Agreement from time to time and you agree to be bound by such modifications and amendments.