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Professional Home Improvement User Agreement
Last Updated: June 1, 2019
Welcome to the Professional Home Improvement website at www.prohomeca.com.
By using the website, you agree to be bound by this contract. If you do not accept the Agreement, do not use the website.
Changes To The Agreement
We may change this Agreement at any time, so we encourage you to review it periodically before using the website. To assist you in doing this, we will make the most recent version of the Agreement available on the website, and we will indicate at the top of the Agreement the most recent date when it was modified.
By continuing to use the website after we modify the Agreement, you accept the new version of the Agreement. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Agreement. If you do not agree to the changes, you should not continue to use the website and should instead contact us.
Scope Of License
In exchange for your acceptance of this Agreement, you are authorized to use the website. However, you cannot use the website to distribute or redistribute any portion of the website.
This website contains material that is protected by copyright, trademark, or other intellectual property rights, and the website itself is protected as a collective work under the copyright laws of the United States and other countries. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the website itself.
You may link to the any page of the website as long as the link does not cast us in a false or misleading light. You may not frame any content. You may not use metatags or any other “hidden text” that incorporates the Professional Home Improvement trademarks or our name without our express written consent
Website Materials. Copyright on the Professional Home Improvement website and all materials included in it is owned by or licensed to Professional Home Improvement and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Professional Home Improvement website. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Professional Home Improvement website (including computer programs or other code) (“website Materials”), except that you make a reasonable number of machine-readable copies of the website Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the website Materials.
Professional Home Improvement, the Professional Home Improvement Logo, and any other trademarks on the Professional Home Improvement website are trademarks owned by Professional Home Improvement. (“Professional Home Improvement Trademarks”). You may not use the Professional Home Improvement Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.
Linked Websites And Advertising
As a convenience to users, we may provide links to third-party content, websites or services. We do not endorse, sponsor, control, or otherwise accept responsibility for this material, except to the extent that we otherwise control it.
In exchange for your access to the website, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the website or that could cause injury to yourself, to us, or to anyone else.
Without limitation, you agree not to attempt to:
Modify the website or make it possible for you or someone else to access the website without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the website);
Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Damage, disable, overburden, impair, or gain unauthorized access to the website or our servers, computer network, or user accounts;
Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;
Falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information;
Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the website or any other service operated by us or any other party; or
Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.
Last Revised: October 28, 2016
We use Google Analytics, Google AdWords Conversion tracker, and other Google services that place cookies on a browser across the website. These cookies help us increase the website’s effectiveness for our visitors. These cookies are set and read by Google. To opt out of Google tracking, please visit this page.
We use AdWords and/or Facebook re-marketing to market our websites across the web. We place a cookie on a browser, and then a 3rd party (Google or Facebook) reads these cookies and may serve an ad on a 3rd party website. You may opt out of this ad serving on Google’s or Facebook’s opt out page. If you are concerned about 3rd party cookies served by networks, you should also visit the Network Advertising Initiative opt-out page.
Professional Home Improvement is concerned with the security of your personal data. Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
Sharing with Third Parties
Note: Cookies are required to use the membership section of the website. Our system places a cookie on the machine so we know the user has logged into the website. So the password protected section requires cookies. We also use Google Analytics as an analytics provider and that also places cookies so we can improve the website and make it better through cookies and analytics.
Links to Other Web websites
Transfer of Data Outside of Your Home Country
Your information may be stored, processed and accessed in the United States or any other countries where Professional Home Improvement has facilities. By using the websites, and the Professional Home Improvement services, you consent to the transfer of information outside your country.
Questions about Data Collection and Processing
You may ask questions about the data you have submitted through this Professional Home Improvement website by using the information below to contact Professional Home Improvement.
Your Ability To Choose
Disclaimer Of Warranty; Limitation Of Liability
You understand that you use this website and the information, forums, and tools at your own risk and we do not guarantee that the information provided on the website will be accurate or updated. We do not guarantee that we will continue to provide the website, that the website will be available at any particular time or from any particular place, or that it will continue to function in the manner that it currently functions. You agree not to hold us liable for damages you claim are caused by third parties who contact you using the website or become aware of your identity through the use of the website, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the website. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.
IN NO EVENT WILL WE, OUR PARENTS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE website (INCLUDING ANY INFORMATION, TOOLS, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE website OR CONTENT CREATED ON OR THROUGH THE website).
THE website IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.
Governing Law; Integration; No Waiver; Severability; Termination
You agree that any dispute between you and us will be governed by the laws of the United States of America and the Commonwealth of Virginia, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the Commonwealth of Virginia. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the Commonwealth of Virginia, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.
Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.
If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.
We reserve the right to terminate the website and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.
Limitation Of Scope
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the website.