TERMS OF USE AND LEGAL NOTICE

This web site ("site" or "Web Site" herein) is owned, controlled and operated by Phoenix ESG, LLC, with its home office in Somerset, New Jersey, USA ("Phoenix ESG, LLC", "we", "us", or "our" herein) and is offered to the general public (referred to as "user, " "viewer," "you" or "your," or "customer.") By accessing or using this site, the user acknowledges that they have read, understood and agree to all of the terms and conditions set forth herein.

GENERAL

This Agreement and any rules posted on this site by Phoenix ESG, LLC shall constitute the entire Agreement between the parties with respect to the subject matter hereof. No waiver by Phoenix ESG, LLC of any breach or default under this Agreement shall be deemed as a waiver of any preceding or subsequent breach or default. This Agreement and any rights and obligations shall be binding and inure to the benefit of you and Phoenix ESG, LLC, and its successors, trustees, and permitted assigns. Phoenix ESG, LLC may transfer or assign this Agreement, with or without notice to you, and any such transfer or assignment does not relieve you of your obligations hereunder.

Information published on this site is subject to change without notice. Phoenix ESG, LLC may revise these terms and conditions at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

ACCESSABILITY

This site is available in an English version only. This site is best viewed using Microsoft Internet Explorer (R) and may require upgrades to software such as, but not limited to, Acrobat (R), Flash Reader (R), or Internet Explorer to be viewed properly. These upgrades or updates are the responsibility of the user to maintain.

Some information in this site may not be supplied in a format readable by electronic recognition software, and therefore may not be accessible to those who have visual impairments. Content from this site can be requested from and may be supplied by the home office for anyone not able to access the site.

COPYRIGHT AND TRADEMARKS

All contents of this Web Site, other than those expressly otherwise identified, are protected under U.S. and international copyright laws by Phoenix ESG, LLC , all rights reserved. Documents published in this Web Site may contain other proprietary notices or describe products, services, processes or technologies owned by Phoenix ESG, LLC or third parties. Please note that by publishing these documents, Phoenix ESG, LLC is not granting any license under any copyright, trademark, patent or other intellectual property right of Phoenix ESG, LLC or any third party.

Phoenix ESG, LLC hereby grants you permission to copy documents copyrighted by Phoenix ESG, LLC and published by Phoenix ESG, LLC on this site for informational non-commercial use only within your organization, provided you do not to remove any copyright and other proprietary notices which are contained in such materials. No authorization is granted to copy documents not copyrighted by Phoenix ESG, LLC which may appear on, or be reached by, links from this site.

Except for the right granted above, no materials available on this site may be copied, reproduced, republished, uploaded, posted, or distributed in any way stored or transmitted by any means, including but not limited to electronic, mechanical, scanning, photocopying, or recording, without the prior express permission of Phoenix ESG, LLC. You also may not, without our permission, "mirror" any material contained on our Web Site or any other server. Modification of the materials or use of the materials on this site for any other purpose is a violation of Phoenix ESG, LLC's copyright and other proprietary rights. The use of any such material on any other web site or networked computer environment is expressly prohibited.

The Phoenix ESG, LLC logo, and names of Phoenix ESG, LLC products referenced in this site are registered trademarks or other trademarks, service marks or trade names (collectively, "trademarks") of Phoenix ESG, LLC. No license to use any of these trademarks or any contraction, abbreviation, or simulation thereof, is given or implied. Phoenix ESG, LLC's trademarks may be used only with permission from Phoenix ESG, LLC. All other trademarks or trade names referenced on this site are the property of their respective owners.

SOLICITATION

Phoenix ESG, LLC requests that no unsolicited confidential or proprietary information be sent to Phoenix ESG, LLC at this Web Site. Subject to the privacy provisions set forth herein, Phoenix ESG, LLC will not deem or treat any information or material sent to us at this Web Site as confidential, unless Phoenix ESG, LLC has otherwise agreed in writing. By sending Phoenix ESG, LLC materials or information, you grant Phoenix ESG, LLC an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material or information and you further agree that Phoenix ESG, LLC is free to use any ideas, concepts, know-how or techniques that you provide for any purpose.

LIMITATION OF LIABILITY AND DISCLAIMER

This site is provided for informational use only, and, with the exception of client specific information attained through a secured login, the information on this web site and materials available thereon are provided "as is" without representation or warranty of any kind, either express or implied, and Phoenix ESG, LLC hereby disclaims any and all such warranties and representations, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, operablility, suitability, availability, timeliness, usefulness, accuracy, non-infringement of third party intellectual property, or freedom from errors, ommisions, bugs, viruses or other anomolaies, including those that may cause the site not to perform as intended. If your jurisdiction prohibits exclusion of implied warranties, the exclusion of implied warranties my not apply to you. By using this site you agree and waive any and all claims against Phoenix ESG, LLC and its subsidiaries, divisions, affiliates, agents, representatives, employees, directors and licensors arising out of use of this site or the information contained herein.

Descriptions of, or references to, third party products, services, or publications within this Web Site do not in any way imply endorsement of same.You and your successors and assigns, shall have no recourse against Phoenix ESG, LLC, whether by way of any suit, demand, proceeding, claim, or action, whether in law or equity or otherwise, for any loss, liability, damage, expense, debt, judgement, or cost that you may suffer or incur at any time in connection with or related to use by you, your customers, sub-contractors, agents, or employees, of this site or of the materials or information on this site, or any other linked web site. In no event will Phoenix ESG, LLC be liable to any party for any direct, indirect, special, indidental, consequential, exemplary, punitive or other damages arising in any way out of any use of this site or of the materials or information on this site, or any other linked web site, including, without limitation, any lost profits, claims or demands, or business interruption, however caused and on any theory of liability, even if Phoenix ESG, LLC is expressly advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages; So the above exclusion may not apply to you.

AVAILABILITY TO OTHER SITES

Any links to third party web sites included in this site are provided only as a convenience to you and in no way implies any affiliation, sponsorship, or acceptance of any information or views provided on those linked web sites. Phoenix ESG, LLC does not monitor the linked web sites for accuracy or content, and does not warrant the information contained thereon. The information provided on the linked web sites and any warranty with regard thereto is solely the responsibility of the providers of that information. Users of the links do so at their own risk.

PRIVACY

Phoenix ESG, LLC will adhere to the conditions as described in its Privacy Policy.

APPLICABLE LAW

This site is controlled and operated by Phoenix ESG, LLC from its offices within the United States of America (USA). Phoenix ESG, LLC hereby prohibits access to the materials in the site from territories where their contents are either not appropriate or illegal. Those who choose to access this site from locations outside the USA do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any and all actions, claims, disputes, or controversies relating to the use of this Web Site or any materials therein shall be governed by the internal substantive laws of the State of New Jersey, USA, without regard to its conflicts of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the State and Federal courts of New Jersey, USA in such actions, claims, disputes, or controversies.

CUSTOMER ACCESS

Phoenix ESG, LLC may grant access to specific areas of its site to authorized clients or agents only via secure login and password. Separate terms may apply to customer access and may be reviewed with the customer by Phoenix ESG, LLC at that time. Phoenix ESG, LLC may terminate access to any web services, information or materials provided thereby, with or without notice, effective immediately, for any reason, or no reason, with exception to any Agreement terms under separate cover.

06/08/07