Terms of Service

Last revised: October 31, 2016

WEBSITE TERMS OF USE

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE OR SUBMITTING INFORMATION TO POWER HOME REMODELING GROUP (“PHRG”).  THESE TERMS OF USE AND THE REFERENCES PRIVACY POLICY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND PHRG.  BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT.  THE TERMS OF USE ARE SEPARATE AND DISTINCT FROM ANY AND ALL TERMS OF USE, DISCLAIMERS OF LIABILITY OR WARRANTIES REGARDING ANY PRODUCTS OR SERVICES SOLD AND DO NOT GOVERN THEM.

You should review this Agreement each time you access our Website. PHRG reserves the right to modify these terms at any time. By continuing to access a site, you signify your agreement to be bound by them.

1. Privacy Policy

We consider our users’ privacy to be of utmost importance. Please see our privacy policy for a detailed description of our information gathering and dissemination practices.

2. Inaccuracies on the Websites

While we use reasonable efforts to include accurate and up to date information on our Website, errors, inaccuracies, and omissions sometimes occur.   We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. PHRG makes no guarantees whatsoever as to the completeness, correctness, or accuracy of the materials or data on our Website. More specifically, PHRG does not warrant the accuracy or timeliness of our Website and related materials, and PHRG has no liability for any errors or omissions in the information provided.

3. Permitted Use

Our Website is protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within our Website is the property of PHRG and its content providers, and PHRG and its content providers retain all right, title, and interest in the content.

Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sub-licensable, non-assignable, non-transferable, and revocable license to use our Website and related materials solely for your own personal non-commercial use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance, or display of our Website or any portion of our Website is prohibited. Use of any of our trademark in any way, including but not limited to use as meta-tags on any other website, is strictly prohibited. You may not display our Website or portions thereof in things (e.g., framing, scraping, etc.) without our express written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing, scraping, or linking to immediately cease.

4. Third Party Links and Materials on the Websites

Our Website may be linked to other sites on the Internet that are not under the control of or maintained by PHRG. Such links do not constitute an affiliation with or endorsement by PHRG of any such sites. You acknowledge that PHRG is providing these links to you solely as a convenience to you, and you agree that PHRG is not responsible for the content or links displayed on such sites to which you may be linked. PHRG does not endorse or make any representations about these websites, or any content found thereon. If you access any of the third party websites linked on our Website, you do so at your own risk.

Our Website may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. If you use any of the third party materials, you do so at your own risk. In no event shall PHRG be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

5. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK.  OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  PHRG DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING OUR WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.  PHRG MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH OUR WEBSITE IS ACCURATE COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.  PHRG ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.  ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL PHRG OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, ANY DAMAGES ASSOCIATED WITH THE LOSS OF YOUR PERSONAL INFORMATION OR ANY OTHER DAMAGE OR ECONOMIC LOSS YOU MAY INCUR ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE WEBSITE, EVEN IF PHRG OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOE OF ANY LIMITED REMEDY.

DESPITE THE FOREGOING LIMITATION LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN THE AMOUNT YOU PAID TO PHRG FOR PRODUCTS AND SERVICES IN THE LAST SIX MONTHS.

7. General

7.1 Modifications

At any time and at PHRG’s sole discretion, we may add, delete, or modify the Agreement or our Website. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using our Website. All changes to the Agreement shall be effective immediately.

7.2 Dispute Resolution, Applicable Law and Venue

PHRG intends to resolve any and all disputes that may arise between it and its Website users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to PHRG in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. PHRG shall respond within ten (10) business days with identical information from its perspective. You and a representative of PHRG shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and PHRG mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and PHRG fail to resolve the matter, you may then proceed to litigation in the forum described below.

Any action related to this Agreement will be governed by the laws of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. You and PHRG agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or to the Agreement will be exclusively in the federal or state courts located in Philadelphia, Pennsylvania.

7.3 Miscellaneous

If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

7.4 Contacting Us

If you have any questions about this agreement, please call us at 888-736-6335, option 4 at the prompt, email us at customercare@powerhrg.com, or write us at:

ATTN: HR Department

2501 Seaport Drive, Suite 110

Chester, PA 19013

Although PHRG will in most circumstances be able to receive your e-mail or other information provided through this Website, PHRG does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

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