IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, WWW.PHBCA.ORG. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE. THE PUBLIC HOME BUILDERS COUNCIL OF AMERICA ("PHBCA") RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE WITHOUT NOTICE AND ANY MODIFICATIONS ARE EFFECTIVE WHEN THEY ARE POSTED HERE. PHBCA MAY, AT ANY TIME, IN ITS DISCRETION TERMINATE YOUR ACCESS TO THIS WEBSITE. ACCESS TO THE WEBSITE MAY BE MONITORED BY PHBCA. IF YOU ARE ACCESSING THIS WEBSITE AS A REPRESENTATIVE OF AN ORGANIZATION, THESE TERMS OF USE BIND BOTH YOU INDIVIDUALLY AND THE ORGANIZATION AND REFERENCES TO "YOU" AND "USER" SHALL BE CONSTRUED TO APPLY TO YOU INDIVIDUALLY AND THE ORGANIZATION.

THESE TERMS OF USE SET FORTH THE ENTIRE AGREEMENT ("AGREEMENT") PERTAINING TO YOUR USE OF THIS WEBSITE

Conditions of Use

All materials on this site ("Website Information"), including, but without limitation to, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software and other elements making up the site are protected by copyrights and other intellectual property rights owned and controlled by PHBCA, its affiliates or other parties that have licensed their material to PHBCA or granted written permission for its use. While PHBCA maintains copyright and other intellectual property protections in all materials, information and publications (collectively, "Website Information") it places on this Website, PHBCA consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Website Information will retain all copyright and other proprietary notices and that you will not modify the Website Information in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Website Information, in whole or in part, without the prior written consent of PHBCA.

As a condition of your use of this Website, you will not use the Website or the Website Information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Website in any manner that could damage, disable, overload or impair the operation of this Website or use by third parties.

This Website may contain combinations of text, images, commentaries, opinions, statements, facts, articles, market data, economic data or other information created by PHBCA and its affiliates, agents, sponsors, service and content providers, licensors and their respective officers, employees and volunteers. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the party who originated it and that PHBCA has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a web-link to another party's website an endorsement of such other party, their products or their services. Such content is for reference only, is provided "AS IS" "WITHOUT WARRANTY" and should not be relied upon for any specific use.

PHBCA AND ITS AFFILIATES, AGENTS, SPONSORS, SERVICE AND CONTENT PROVIDERS, LICENSORS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND VOLUNTEERS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR OTHER FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT. PHBCA AND ITS AFFILIATES, AGENTS, SPONSORS, SERVICE AND CONTENT PROVIDERS, LICENSORS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND VOLUNTEERS WILL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY NEGLIGENCE OR CONTINGENCIES BEYOND THEIR CONTROL IN SELECTING, COMPILING, REPORTING, INTERPRETING OR DELIVERING ANY CONTENT ON THIS WEBSITE. IN NO EVENT WILL PHBCA AND ITS AFFILIATES, AGENTS, SPONSORS, SERVICE AND CONTENT PROVIDERS, LICENSORS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND VOLUNTEERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR SIMILAR DAMAGES -- EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PHBCA'S LIABILITY TO YOU OR ANY THIRD PARTY EXCEED $100 IN THE AGGREGATE WHETHER ARISING BY OPERATION OF LAW OR UNDER CONTRACT, TORT OR STRICT LIABILITY PRINCIPLES.

Any comments, materials or letters sent by you to PHBCA regarding this Website, including but not limited to, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights. PHBCA shall have no obligation of any kind with respect to such Received Materials and will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, PHBCA is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this site or PHBCA for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information, without compensation or any other obligations to anyone, including you.

PHBCA does not represent that materials and content on the site are appropriate or available for use in countries outside the United States. If you choose to use the site from outside the United States, you are solely responsible for compliance with foreign and local laws.

You may link to the PHBCA home page, but are not authorized to link to any other page on the PHBCA Website without the prior express written consent of PHBCA provided that PHBCA reserves the right to withdraw this consent at any time in its discretion. You may not use any of PHBCA's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by PHBCA; 2) cause confusion, mistake, or deception; 3) dilute PHBCA's trademarks, service marks or trade names; or 4) otherwise violate applicable law.

This Agreement may not be assigned or transferred, directly or indirectly, in whole or in part by User, whether by operation of law or otherwise, without the prior written consent of PHBCA. This Agreement shall be binding upon, and inure to the benefit, and be enforceable by each party and their respective successors and assigns.

The parties expressly agree that the relationship created by, and arising out of this Agreement is that of independent contractors entering into an arms-length transaction. Nothing contained in this Agreement is intended, nor is to be construed so as to constitute User and PHBCA as partners, agents or joint ventures with respect to this Agreement.

This Agreement and all related acts and transactions shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to New York's choice of law provisions. The exclusive venue for proceedings arising under this Agreement shall be a court of competent jurisdiction in New York, New York.

All notices to PHBCA permitted or required under this Agreement shall be in writing and delivered by personal delivery, electronic mail, facsimile transmission or by certified or registered mail, return receipt requested, and shall be deemed given upon personal delivery, five (5) days after deposit in the mail, or upon acknowledgment of receipt of electronic transmission.

See PHBCA's Privacy Policy relating to the collection and use of information through this Website.

This Agreement may be modified, but only in writing signed by both parties. If any provision of Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of remaining provisions shall not, in any way, be affected or impaired thereby. If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use.