Conditions of Service
These terms of use (“Terms of Use”) apply to your use of this website. Any purchase of any product or service offered through this Website is subject to the terms and conditions of purchase (“Purchase Terms”)located on the applicable Company website, which are incorporated herein by reference. In addition, your use of this website is subject to the Privacy Policy, which is incorporated herein by reference.
Throughout the Site, the terms “we,” “us,” and “our” refer to the Company. The Company offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this website constitutes your acceptance of these terms of use. If you do not wish to be bound by these Terms of Use, please do not use this website.
PLEASE READ THESE TERMS OF USE CAREFULLY, ALONG WITH THE PRIVACY NOTICE AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
Data Integrity
You represent that all information, data and other materials that you otherwise provide on this Website or to the Company are true, accurate, current and complete. You are
responsible for updating and correcting the information you provide on this website as necessary.
Data protection notice
A copy of the Privacy Notice that governs the collection, use, disclosure and other processing of personal data on this website can be found at prohomeygoods.com. You agree that any personal data we receive about you (either via this website, by email, telephone or otherwise) will be collected, stored and otherwise processed in accordance with the terms of the Privacy Notice.
License and Access to the Site
All content available through this Site (including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, and the
selection and arrangement thereof) is the exclusive property of the Company its licensors or its content providers and is protected by copyright, trademark and other applicable laws.
The Company grants you a limited license to access and make personal use of this Website. Unless otherwise indicated, you may access, copy, download and print the
content available on this Site for your personal, non-commercial use, provided you do not change or delete any copyright, trademark or other proprietary notices that appear in the content. The Company or its licensors or content providers retain full ownership of the content available on the Site, including all associated intellectual property rights, and are making such content available to you pursuant to a license, which is revocable at any time in the sole discretion of the Company.
any downloading, copying or other use of the Content or the Site for any purpose
competitive with the Company or for the benefit of any other provider or third party; any caching, unauthorized linking to the Website, or framing of any content available on the Website; any modification, distribution, transmission, performance, broadcast,
publication, uploading, licensing, reverse engineering, transfer or sale of any content, products or services obtained from the Site that you do not have the right to make available (e.g. the intellectual property of another party); any uploading, posting or transmission of any material that contains software viruses or any other computer code, files or programs designed to: interrupt, destroy or limit the functionality of any
computer; using any hardware or software designed to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the
Website (including, without limitation, the use of “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or any action that imposes or may impose (in Company’s sole discretion) an unreasonable or
disproportionately large load on Company’s infrastructure or damages or disrupts the proper functioning of our infrastructure. intended to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Website
(including, without limitation, through the use of “scraping”or other data mining techniques, robots or similar tools to collect and extracting data); or any action that imposes or may impose (in Company’s sole discretion) an unreasonable or
disproportionately large load on Company’s infrastructure or damages or disrupts the proper functioning of our infrastructure. intended to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Website
(including, without limitation, through the use of “scraping”or other data mining techniques, robots or similar tools to collect and extracting data); or any action that imposes or may impose (in Company’s sole discretion) an unreasonable or
disproportionately large load on Company’s infrastructure or damages or disrupts the proper functioning of our infrastructure. robots or similar data gathering and extraction tools); or any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on Company’s infrastructure or damages or disrupts the proper functioning of our infrastructure. robots or similar data gathering and extraction tools); or any action that imposes or may impose (in Company’s sole
discretion) an unreasonable or disproportionately large load on Company’s infrastructure or damages or disrupts the proper functioning of our infrastructure.
You are responsible for accessing the Site, and such access may be subject to third-party fees (e.g., Internet service provider or mobile phone provider fees). In addition, you must provide and are responsible for all equipment necessary to access the Website. You must not bypass any measures put in place to prevent or restrict access to this website. Any unauthorized access to the Site by you (including any such access or use that in any way involves any account you have created on the Site or any device you use to access the Site)will void your rights approval or license granted to the company.
The Company reserves the right to refuse or cancel any person’s registration for this Website, to remove any person from this Website, to prohibit any person from using this Website for any reason, and to terminate your access to or use of the Website at any time and restrict or terminate without notice. The Company neither guarantees nor represents that your use of the content available on this site will not infringe the rights of third parties unaffiliated with the Company. Termination of your access or use shall not constitute a waiver of any other rights or remedies Company may have at law or in equity.
Content You Submit
You acknowledge that you are responsible for all content that you submit through the Website, including the legality, reliability, appropriateness, originality and copyright of such content. You may not upload to, distribute or otherwise publish on this website any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing of intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous,
defamatory, obscene, vulgar, profane, abusive, threatening, false, fraudulent, offensive, libelous, obscene, vulgar, profane, harassing, hateful, racially, ethnically or otherwise objectionable, including,
You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.
With respect to all content that you submit, post, upload, publish or otherwise make available via the Website (other than personal information, which will be treated in
accordance with the Privacy Notice), you grant the Company a perpetual, irrevocable, not temporary, worldwide, transferable, royalty-free and non-exclusive license to use,
reproduce, distribute, publicly display, modify, create derivative works of and sublicense such Content or any portion of such Content in any media. Such content will not be
treated as confidential. You hereby represent, warrant and undertake that: (i)the content you provide does not contain any content (including but not limited to text, images, music or videos)for which you do not have the full right to grant such a license to the
Company; and (ii) that the Company is free to exercise its rights in and/or implement your Content if it so chooses, without obtaining the permission or license of any third party and without reference to you or any other person.
This Website may contain links to other websites or resources operated by third parties
that are not affiliated with the Company. These links are provided as a convenience to you
and as an additional means of accessing the information contained therein. We are not
responsible or liable for the content, advertising, products or other materials contained on
or available from such websites or resources. The inclusion of links to other websites or
resources should not be construed as an endorsement of the content of the linked
websites or resources. Different terms and conditions and privacy policies may apply to
your use of linked websites or resources. The Company shall not be responsible or liable,
directly or indirectly, for any damage, loss or liability
DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE OR IN THE TERMS OF SERVICE OR
PURCHASE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY
MAKES NO REPRESENTATIONS, OBLIGATIONS OR WARRANTIES OR OFFER ANY OTHER
EXPRESS OR IMPLIED WARRANTY THE IMPLIED CONDITIONS REGARDING ANY MATTER,
INCLUDING AND EXCLUDING LIMITATIONS ON MERCHANTABILITY, SUITABILITY, FITNESS FOR
A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES
OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, AND ANY
WARRANTIES ARISING OUT OF PERFORMANCE OR COURSE OF DEALING.
USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE SITE AND THE MATERIALS, INFORMATION,
SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS IS”
BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE
OR ANY FUNCTIONS OR PORTIONS THEREOF AT ANY TIME. THE COMPANY DOES NOT
WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE
SITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS
FREE OF VIRUSES, OR THAT THE INFORMATION ON THE SITE IS ACCURATE , ACCURATE,
ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD
CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. NO ADVICE OR INFORMATION
OBTAINED BY YOU FROM THE SITE SHALL CREATE A WARRANTY OF ANY KIND.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF WARRANTIES, SO THE
ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE
OF THE SITE,COMMUNICATIONS WITH THIRD PARTIES,AND THE PURCHASE AND USE OF
THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES.YOU
ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE WHILE USING
THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.YOU
ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE
SITE IS PROVIDED TO YOU FREE OF CHARGE.YOU ACKNOWLEDGE AND AGREE THAT
NEITHER THE COMPANY NOR ITS LICENSORS,ARISING FROM THE USE OF SUCH PRODUCTS
OR SERVICES (INCLUDING PRODUCT LIABILITY);(4)ANY DELAY OR INABILITY TO USE THE
SITE OR ANY INFORMATION,PRODUCTS OR SERVICES ADVERTISED ON OR OBTAINED
THROUGH THE SITE:(5) THE MODIFICATION,REMOVAL OR DELETION OF ANY CONTENT
SUBMITTED OR POSTED ON THE SITE; OR (6)ANY USE OF THE SITE,WHETHER BASED ON
CONTRACT.TORT.STRICT LIABILITY,PRODUCT LIABILITY OR OTHERWISE,EVENIF THE
COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.IT IS THE USER’S
RESPONSIBILITY TO EVALUATE THE ACCURACY.COMPLETENESS OR USEFULNESS OF ANY
OPINION,ADVICE OR OTHER CONTENT,AVAILABLE THROUGH THE SITE OR FROM A LINKED
SITE OR RESOURCE.THIS DISCLAIMER APPLIES WITHOUT LIMITATION TO DAMAGES OR
INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE,ERROR,OMISSION
INTERRUPTION.DELETION.DEFECT.DELAY IN OPERATION OR TRANSMISSION.COMPUTER
VIRUS,FILE CORRUPTION UNG,A FAILURE COMMUNICATIONS LINE,NETWORK OR SYSTEM
FAILURE,LOSS OF PROFITS TO YOU OR THEFT,DESTRUCTION,UNAUTHORIZED ACCESS TO.
ALTERATION.LOSS ORUSE OF RECORDS ORDATA,ORANY OTHERTANGIBLE OR
INTANGIBLE LOSS.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE
COMPANY NORITS LICENSORS,ANY SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS MAY
BE LIABLE FOR ANY DEFAMATORY,OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE
SITE. YOUR REMEDY FOR ANY CLAIM OR DISPUTE WITH THE COMPANY SET FORTH ABOVE IS
TO STOP USING THE SITE
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES.OTHERWISESUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL ORINCIDENTAL DAMAGES,ALL ORPART OF THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
Indemnification
You will indemnify and hold harmless the Company Parties from all fines,penalties.
liabilities, losses and other damages of any kind Gincluding attorneys fees and expert
witnesses’ fees), and will defend the Company Parties and such parties from any and all
claims arising out of (l) your breach of these Terms of Use;(2) your breach of the Terms
of Purchase; (4) your fraud, willful misconduct or gross negligence; or (5) your violation of
applicable law or the rights of a third party. The Company Parties will have control over
the defense of any Claim to which this indemnity applies and,in any event,you may not
settle any Claim without the Company Parties prior written consent.
Electronic communication
When you use the Site or send emails to Company, you are communicating with Company
electronically. You agree to receive all communications relating to your use of this website
electronically. Company will communicate with you by email or by posting notices on this
Site. You agree that all agreements, notices, disclosures and other communications that
are provided to you electronically satisfy any legal requirement that such communications
be in writing. All notices from the Company intended to be received by a Customer will be
deemed delivered and effective when sent to the email address provided by you on any of
the Company Websites