Terms and Conditions
License and Web site Access. We grant you a limited license to access and make personal use of the Web site. You may not download (other than page caching) or modify any portion of it, except with our express written or emailed consent. The license to use the Web site does not include any resale or commercial use of the Web site or its contents; or any derivative use of this Web site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this Web site for any commercial purpose. By using the Web site, you warrant to us that you will not use the Web site, or any of the content obtained from the Web site, for any purpose that is unlawful or prohibited by these Terms. We do not grant any license or other intellectual property, by placing them on this Web site. If you violate any of these Terms, your permission to use the Web site automatically terminates.
In consideration of your use of the Web site, you agree to: (a) provide true, accurate, current and complete information about yourself, and (b) maintain and update this information to keep it true, accurate and complete. We have the right to terminate your account and refuse any and all use of the Web site if any information provided by you is untrue, inaccurate or incomplete. You agree not to resell or transfer the Web site or use of or access to the Web site. In compliance with the Children's Online Privacy Protection Act of 1998, Pro Home Manager does not accept registrations from those under 13 years of age. By registering with Pro Home Manager, you represent that you are at least 13 years old.
Electronic Communications. When you visit the Web site or email us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
You are responsible for providing any access to the Internet and any required equipment, at your own expense.
Conduct. By using the Web site, you agree that you will not do any of the following:
Restrict or inhibit any other user from using and enjoying the Web site,
Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening abusive, hateful, offensive or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations,
Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by us) or engage in spamming or flooding,
Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component,
Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Web site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material), or
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Web site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
We have no obligation to monitor the Web site. However, you acknowledge and agree that we have the right to monitor the Web site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private email message unless required by law. We reserve the right to refuse or post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.
Submission. We may provide you with a mechanism to provide remarks, suggestions, ideas, graphics, or other information communicated by you to us, about online products and services ("Submission"). You agree that Pro Home Manager will not be required to treat any Submission as confidential, and may, in its sale discretion use the Submission you provide to Pro Home Manager in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You hereby grant Pro Home Manager a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to Pro Home Manager in the Submission.
Third Party Services. In connection with your use of the Web site, you may be made aware of services, products, offers and promotions provided by third parties, and not by us. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not us, is responsible for the performance of the Third Party Services. The Web site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
Copyright Complaints. Pro Home Manager respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on prohomemanager.com, please contact us at Pro Home Manager, LLC, PO Box 157, Tenafly, NJ 07670 or email@example.com.
General Provisions. Your use of the Web site, including any applets, software, and content contained therein, is entirely at your own risk. You acknowledge and agree that the Pro Home Manager Web site and services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of the Pro Home Manager services or Web site, is that you are free to discontinue your use of the services or Web site at any time. We do not represent or warrant that the Web site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Web site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Web site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Web site. Third party content may appear on the Web site or may be accessible via links from the Web site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Web site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, PRO HOME MANAGER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, REGARDING THE WEB SITE AND RELATED MATERIALS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR DOES PRO HOME MANAGER WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE WEB SITE, REGARDLESS OF WHO ORGINATES THAT CONTENT, AND YOU AGREE THAT PRO HOME MANAGER SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF PRO HOME MANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY PRO HOME MANAGER, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE PRO HOME MANAGER SOFTWARE OR SERVICES OR IN CONNECTION WITH THE PRO HOME MANAGER WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
The Terms will inure to the benefit of Pro Home Manager's successors, assigns and licensees. If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Pro Home Manager to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Pro Home Manager services or Web site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms are governed by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely in the State of Delaware and between Delaware residents. You agree to submit to jurisdiction in New Jersey and that any claim arising under these Terms will be brought solely in a court in New Jersey.
We reserve the right to terminate your privilege to use or access the Web site, without notice, if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Web site and agree not to re-register or otherwise make use of the Web site. Furthermore, you acknowledge that we reserve the right to take action, technical, legal or otherwise, to block, nullify or deny your ability to access the Web site. You understand that we may exercise this right in our sole discretion.
We reserve the right, in our sole discretion, at any time and from time to time, to change, modify or discontinue, temporarily or permanently, the Web site or any part thereof. We shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
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