Terms and Conditions

Agreement between User and https://phmnconstruction.com/

Welcome to https://phmnconstruction.com/. The https://phmnconstruction.com/ website (the "Site") is comprised of various web pages operated by Perry & Horton Construction ("PHMN"). https://phmnconstruction.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
https://phmnconstruction.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://phmnconstruction.com/ is a Construction Site.

The purpose of the PHMN Construction website is to showcase our construction services, provide valuable information to potential clients, and establish a trusted online presence that reflects our commitment to quality and customer satisfaction. We also allow customers to easily contact us through our website to start their service and begin their journey with us.

Privacy

Your use of https://phmnconstruction.com/ is subject to PHMN's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://phmnconstruction.com/ or sending emails to
PHMN constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and
other communications that we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

PHMN does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are under
18, you may use https://phmnconstruction.com/ only with permission of a parent
or guardian.

Cancellation/Refund Policy

Cancellations and refunds are outlined in detail within our
contract, and customers should refer to the contract for specific policies and
procedures regarding these matters.

Links to Third Party Sites/Third Party Services

https://phmnconstruction.com/ may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of PHMN and PHMN is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. PHMN is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
PHMN of the site or any association with its operators.

Certain services made available via
https://phmnconstruction.com/ are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the https://phmnconstruction.com/ domain, you hereby acknowledge and consent
that PHMN may share such information and data with any third party with whom
PHMN has a contractual relationship to provide the requested product, service
or functionality on behalf of https://phmnconstruction.com/ users and
customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable
license to access and use https://phmnconstruction.com/ strictly in accordance
with these terms of use. As a condition of your use of the Site, you warrant to
PHMN that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other
party's use and enjoyment of the Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the Site.

All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of PHMN or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will
not make any changes thereto.

You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. PHMN
content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of PHMN and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of PHMN or our licensors except as expressly authorized
by these Terms.

International Users

The Service is controlled, operated and administered by PHMN
from our offices within the USA. If you access the Service from a location
outside the USA, you are responsible for compliance with all local laws. You
agree that you will not use the PHMN Content accessed through
https://phmnconstruction.com/ in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless PHMN, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney's fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. PHMN reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
PHMN in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PHMN
agree otherwise, the arbitrator may not consolidate more than one person's
claims, and may not otherwise preside over any form of a representative or
class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PERRY
& HORTON CONSTRUCTION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SITE AT ANY TIME.

PERRY & HORTON CONSTRUCTION AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. PERRY & HORTON CONSTRUCTION AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL PERRY & HORTON CONSTRUCTION AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PERRY
& HORTON CONSTRUCTION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

PHMN reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Minnesota and you hereby
consent to the exclusive jurisdiction and venue of courts in Minnesota in all
disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or
agency relationship exists between you and PHMN as a result of this agreement
or use of the Site. PHMN's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of PHMN's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by PHMN with respect to such use. If any
part of this 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.

Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and PHMN with respect to the
Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and PHMN with
respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.

Changes to Terms

PHMN reserves the right, in its sole discretion, to change
the Terms under which https://phmnconstruction.com/ is offered. The most
current version of the Terms will supersede all previous versions. PHMN
encourages you to periodically review the Terms to stay informed of our
updates.

Contact Us

PHMN welcomes your questions or comments regarding the
Terms:

Perry & Horton Construction

905 West Broadway Avenue

Minneapolis, Minnesota 55411

Email Address:

[email protected]

Telephone number:

+1 763-373-5334

Effective as of January 01, 2024