Terms

PROHOMES LLC Website Terms of Use (TOU)

In this Terms of Use (“TOU”), we, ProHomes LLC and our affiliates (collectively, “ProHomes”), set forth the terms by which you may use our sites including, without limitation, www.prohomes.com and prohomes.com and other web sites that we operate and on which we post a direct link to this statement (collectively the "Site"). By using the Site, you are agreeing to this TOU. If you do not agree to this TOU, you may not and should not use the Site.

  1. Copyright Notice and Use of the Site. The contents of the Site are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written Agreement you have with ProHomes, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this site. You may download content from this site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement between you and ProHomes), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include ProHomes’ copyright notice: ©
  2. Links. This website may post upon or contain links to third-party web sites that are controlled and operated by third parties. Your use of each third-party web site is subject to the terms of use and other guidelines, if any, contained within such web site. You agree to review and accept such terms of use prior to using such third-party web sites.
    ProHomes makes no representations whatsoever about any third-party web site which you may access through the website. When you access a third party web site, you agree that it is independent from ProHomes, and that ProHomes has no control over any content on that web site. In addition, a link to a third party web site does not mean that ProHomes accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
  3. Additional Terms for Forums, Blogs, and Other Social Media. Our Site may provide one or more forums, blogs, or other interactive or social media features (“Forums”) for visitors to our Site to exchange information with each other and with ProHomes about ProHomes’ products and services (the “Purpose”). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:
    1. Restrictions. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.
    2. Postings Not Necessarily the Opinion of ProHomes. Some of the individuals posting to Forums work for ProHomes; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of ProHomes.
    3. Postings. Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and ProHomes will not be held responsible for any message or associated content.
      If you post any messages, uploading files, inputting data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third-party copyright, trade marks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums.
      When using the Forums and viewing Postings, you need to be aware of the following issues:
      1. The Forums may include contributions from various sources over which ProHomes has no control (including any content submitted by third party users)
      2. ProHomes does not pre-screen or exercise editorial control over Postings, and takes no responsibility for such Postings.
      3. ProHomes reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe ProHomes, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and ProHomes will not be liable in relation to the removal of, or failure to remove, any Postings.
    4. Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.
    5. License. By adding a Posting to the Forum, you are granting ProHomes a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction without ProHomes owing any monies to you whatsoever.
    6. Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.
  4. Privacy. In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy which is available on our website (“Privacy Policy”). By agreeing to this TOU you are agreeing to our Privacy Policy. Information, including but not limited to personal information, collected through the Site may be stored and processed in the United States or any other country in which ProHomes or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.
  5. Disclaimer. The materials on the Site and on the Forums, if any, are provided "as is" and without warranties of any kind either express or implied. Commentary and other materials posted on the Site and Forums are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance.
    To the fullest extent permissible pursuant to applicable law, ProHomes disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. ProHomes does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. ProHomes does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not ProHomes or its licensors) assume the entire cost of all necessary maintenance, repair, or correction.
  6. Limitation of liability. Under no circumstances, including, but not limited to, negligence, shall ProHomes, its subsidiaries and parent companies and affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. Under no circumstances shall ProHomes’ aggregate liability exceed .00. You specifically acknowledge and agree that ProHomes, its subsidiaries and parent companies and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.
  7. Notices of copyright infringement. Notifications of claimed copyright infringement should be sent to ProHomes ' Designated Agent in writing at the following address:

    ProHomes LLC
    Attn. Legal Department
    7310 Miramar Road
    San Diego, CA 92126

    To be effective, the Notification must include the following:
    1. A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ProHomes to locate the material on the Site;
    4. Information reasonably sufficient to permit ProHomes to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
    5. A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6. A statement that the information in the notification is accurate, and if submitted by the owner’s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in 1 through 6 above ProHomes shall remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that ProHomes has removed or disabled access to the allegedly infringing material.

    Counter Notification: To be effective, a Counter Notification must be a written communication provided to ProHomes’ Designated Agent at the above provided address that includes substantially the following:

    1. A physical or electronic signature of the alleged infringer;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
    4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for San Diego County, California, or if the Subscriber's address is outside of the United States, for any judicial district in that ProHomes may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

    After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, ProHomes shall provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that ProHomes will replace the removed material or cease disabling access to it within ten (10) business days. If ProHomes’ designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, ProHomes shall restore the allegedly infringing material.

EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that may apply to the software or other materials obtained from this Site.

Trademarks. ProHomes is a registered trademark of ProHomes LLC. Certain other product names, brand names and company names mentioned in this site may be trademarks of their respective owners.

Modification & Termination. This TOU is effective until modified or terminated by ProHomes. ProHomes may modify this TOU from time to time and the new TOU will be effective when posted. ProHomes may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.

General. This TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Effective: April 1, 2015

ProHomes LLC Website Terms of Service Agreement

This Terms of Service agreement was executed on April 1, 2015 at 12:01 AM and remains in effect.

BY REGISERING ON OUR WEBSITE CLIENT AGREES TO ENTER INTO THIS AGREEMENT AND ALSO AGREES TO THE TERMS OF USE, PRIVACY POLICY AND COOKIE POLICY SET FORTH ELSEWHERE ON THIS WEBSITE. IF CLIENT DOES NOT AGREE TO THESE TERMS, DO NOT REGISTER ON OUR WE BSITE, WHICH WILL MEAN THAT CLIENT MAY NOT ACCESS OR USE THE SERVICE, AS DEFINED BELOW.

This Master Subscription Services Agreement is between ProHomes LLC, a Delaware limited liability company, and its affiliates (“ProHomes”), and the entity or individual agreeing to these terms (“Client”). It is datedas the date Client agrees to this agreement.

  1. Communication Platform. This agreement provides the Client with access to a proprietary online service for tenant management, which may provide the following functionality (depending on which version you select):
    • Communication regarding vacant units, such as posting ads online, answering and interacting during incoming phones calls, collecting data relevant to potential renters, expressing messages relevant to the availability and other related items.
    • Communication with tenants’ service requests, including maintenance issues and general complaints.
    • Specific outbound messaging, whether by phone, email, text, or notification, related to rent collection, either before or after the date due.
    • General outbound messaging, whether by phone, email, text, or notification, to tenants, vendors, service providers, and other related parties to the unit.
    • Connectivity with other parties’ applications, including with respect to collecting rent, running credit and background checks, as a reseller, referral agent, advertiser or any other reason.
    • Data Collection for the commercial purposes of ProHomes, its Clients, the tenants, and other affiliated parties.

ProHomes will provide this functionality through prohomes.com within a hosted server environment and other related services ordered by the Client under the terms set forth below (“Service”).

  1. Use of Services.
    1. Trial Period. If the Client has registered for a trial use of the Services, Client may access the Services for the duration specified on the website for no charge. The Service is provided AS IS, with no warranty during this time period. All Client data may be deleted after the trial period, unless Client converts its account to a paid Service.This is a free trial. We reserve the right to terminate this free trial at any time without notice at our sole and absolute discretion.
    2. ProHomes Responsibilities. ProHomes must (i) use commercially reasonable efforts to make the Services available, except for (x) scheduled outages and (y) unavailability caused by force majeure.
    3. Client Responsibilities. The Client (i) is solely responsible for Client Data, (ii) must use commercially reasonable efforts to prevent unauthorized access to the Services, and notify ProHomes promptly of any such unauthorized access, (iii) may use the Services only in accordance with applicable law, and (iv) may not setup any account pretending to be someone else (or spoof someone’s identity)
    4. Restrictions: Client may not (i) use the Services to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, (ii) interfere with or disrupt the integrity or performance of the Services, (iii) attempt to gain unauthorized access to the Services or their related systems or networks, (iv) to use the service only as intended for the management of communications related to real estate management, and to the extent reasonably required in terms of phone minutes used and data stored. ProHomes reserves the right to restrict usage as it deems appropriate and to restrict access to the website in its sole and absolute discretion if the website is used for any purpose that is inconsistent with ProHomes’ intent.
  2. Payment Terms. The Client must pay all fees itemized in its account in the Service. The Client is responsible for the payment of all sales, use, VAT, if any, and other similar taxes, if any. There are no refunds or credits for partial months of the Service. ProHomes may change its fees upon notice to Client via the email address in Client’s account.
    1. Credit Card/ACH. Client authorizes ProHomes to charge the Client’s credit card or debit Client’s bank account each month for an amount equal to the Client’s then current subscription rate plus any additional a la carte purchases made during the month.
    2. If either: (i) the Client’s credit card or bank account information changes, or (ii) Client’s credit card information expires, or (iii) ProHomes is unsuccessful in charging Client’s credit card or debiting Client’s bank account, then the Services may be suspended until the Client pays the applicable charges, and then after a suspension of 30 days ProHomes may terminate the Service at any time without notice.
  3. DISCLAIMER. PROHOMES DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES MAY BE INTERRUPTED OR MAY NOT BE ERROR FREE. ALTHOUGH PROHOMES TAKES REASONABLE PRECAUTIONS TO SECURE THE SERVICE, CLIENT UNDERSTANDS THAT PROHOMES DOES NOT GUARANTY THAT THE SERVICES CANNOT BE HACKED.
  4. Mutual Confidentiality.
    1. Confidential Information means all confidential information disclosed by a party (“Discloser”) to the other party (“Recipient”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). The Client’s Confidential Information includes without limitation all of the Client’s information uploaded, and ProHomes’ Confidential Information includes without limitation the Services, its parts and pricing.
    2. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.
    3. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information.
    4. Disclosure Required by Law. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order. ProHomes will only disclose the limited information required to be disclosed by law or the court order.
  5. Property Rights.
    1. Reservation of Rights by ProHomes. The software, workflow processes, user interface, designs, know-how, and other technologies provided by ProHomes as part of the Services are the proprietary property of ProHomes and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with ProHomes. ProHomes reserves all rights unless expressly granted in this agreement.
    2. Client Restrictions. The Client may not:
      1. Use the Services beyond its internal operations;
      2. Reverse engineer or deconstruct the Services;
      3. Remove or modify any proprietary marking or restrictive legends in the Service; or
      4. Access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
    3. Client Owned Data. All data uploaded by the Client or under any account of the Client remains the sole property of the Client, as between ProHomes and the Client (“Client Data”), subject to the other terms of this agreement. The Client grants ProHomes the right to use the Client Data for purposes of performing under this agreement and for other legitimate commercial purposes, provided that such information has been anonymized. During the term of this agreement, the Client may only export its data through the Service’s report-by-report export feature, which uses the following formats: csv and excel. This export feature may not include every piece of the Client’s data provided in connection with the Service.
  6. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY.
    1. EXCLUSION OF CERTAIN DAMAGES. PROHOMES IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY, LOSS OF DATA OR INFORMATION, AND ANY FAILURE OF DELIVERY OF THE SERVICES, EVEN IF IT KNOWS OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).
    2. LIMITATION OF LIABILITY. PROHOMES’ LIABILITY FOR ALL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) DOES NOT EXCEED THE ACTUAL AMOUNT PAID BY CLIENT WITHIN THE PRECEDING 12 MONTHS UNDER THIS AGREEMENT FOR THE UNIT(S) FOR WHICH DAMAGE WAS INCURRED.
  7. TERM, TERMINATION, SUSPENSION OF SERVICE AND RETURN OF DATA.
    1. Term. This agreement continues for the duration specified when ordering the Service, and auto- renews for the same duration, (initial or renewal term, Term), until terminated by:
      1. Client at any time within the Service (with no other advance notice required), or
      2. ProHomes with at least 60 days notice to the email address in the Client’s account
    2. Mutual Termination for Material Breach. Except as otherwise provided in this agreement, if either party is in breach of any material term of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
      1. Upon any termination as provided in 8(a) above by the Client, ProHomes must refund any prepaid and unused fees covering the remainder of the Term.
      2. Upon any termination as provided in 8(a) above by ProHomes, the Client must pay any unpaid fees covering the remainder of the Term. The Services will also be terminated.
    3. A Termination of Service. If the Client desires to terminate the Service, it can do so at any time within the Service. ProHomes has no obligation to retain any of the Client Data after termination.
    4. Suspension of Service for Violations of Law or this Agreement. ProHomes may immediately suspend any account or the Service and remove applicable Client Data if it in good faith believes that, as part of using the Services, the Client or any account may have violated the law or this agreement. ProHomes may try to the contact Client in advance, but it is not required to do so.
  8. GOVERNING LAW, FORUM AND ARBITRATION.
    1. For Clients Located in the United States: This agreement is governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising out of or related to this agreement may only be brought in the state and federal courts for San Diego, CA. Both parties consent to the personal jurisdiction of such courts and waive any claim that it is an inconvenient forum. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
    2. For Clients Located in Other Countries. This agreement is governed by the laws of the State of California, without regard to conflict of laws principles. Any dispute between the Client and ProHomes arising out of or related to this agreement must be determined by binding arbitration in San Diego, CA (in English) under the then current commercial or international rules (as applicable) of the American Arbitration Association. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party
  9. CLIENT INDEMNITY. Client hereby indemnifies, defends, and hold harmless ProHomes and against all third- party claims, demands, damages, costs, penalties, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to the Client’s use or access to the Service, which includes without limitation any breach of the agreement by the Client or claim related to the Client Data, system setup or use.; provided that the Client is not responsible to indemnity ProHomes to the extent of any claim of infringement of the Service of a third-party copyright, patent or trade secret.
  10. MISCELLANEOUS OTHER TERMS.
    1. Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.
    2. Entire Agreement and Changes. This agreement constitutes the entire agreement between the parties, and supersedes all prior or contemporaneous negotiations, agreements and representations, whether oral or written, related to this subject matter. No modification or waiver of any term of this agreement is effective unless both parties sign it.
    3. No Assignment. Neither party may assign or transfer this agreement to a third party, except that (i) with notice this agreement may be assigned as part of a merger, or sale of all or substantially all of the business or assets, of a party and (ii) ProHomes may assign this agreement to an affiliate.
    4. Electronic Notices: Client agrees to receive notices from ProHomes regarding the Service, and this agreement, from within the Service or to the email address in the Client’s account.
    5. Independent Contractors. The parties are independent contractors with respect to each other.
    6. Enforceability. If any term of this agreement is invalid or unenforceable, the other terms remain in effect.
    7. Survival of Terms. Any terms that by their nature survive termination of this agreement, will survive.
    8. CISG Not Apply. The Convention on Contracts for the International Sale of Goods does not apply.

Website Privacy Policy

In this Website Privacy Policy (“Policy”), we, ProHomes LLC and our affiliates (collectively, “ProHomes”), provide information about how we collect, use and transfer personally identifiable data from you, a web site visitor, through www.prohomes.com, and other web sites that we operate and on which we post a direct link to this Policy (collectively the "Site").

Scope

This Policy covers only data collected through the Site and not any other data collection or processing, including, without limitation, data collection practices of other web pages to which we link or data that we or our subsidiaries collect offline or through web sites, products, or services that do not display a direct link to this Policy. Occasionally, we may refer to this Policy in notices and consent requests related to surveys and special-purpose web pages, for example, our applications and careers web pages; under such circumstances, this Policy applies as modified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection).

Types of Data and Collection Methods

Information you submit. When you request information, subscribe to or order a product or service, register as a user, respond to an online survey or otherwise actively send us data, we collect all of the data you send to us. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information), phone number, and billing and shipping addresses. In each such instance, you will know what data we collect through the site, because you actively submit it.

Information we automatically collect. As part of the standard operation of the Site, we may collect information from your computer or mobile device, including but not limited to your browser type, operating system, IP address and the domain name from which you accessed the site, and if you are accessing our site with your mobile device, type of mobile device. In addition, we may collect information about how you use our Site, such as the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site and other click-stream data.

Cookies. We may use cookies, web beacons or similar technologies to collect the information described above. A cookie is a small text file that may be stored on the hard drive of your computer or device when you access the site. We may also use cookies to: (1) provide you with customized content or offers on the site; (2) monitor site usage; (3) remember you when you return to the site; and (4) conduct research to improve our content and services.

We may also allow other companies such as web analytics partners, advertisers, or ad networks to set or access their cookies or web beacons (also referred to as 1x1 pixel.gifs or action tags) on the site. For example, we may use third party advertising companies to serve ads on our behalf across the Internet or to display ads for other companies on our site. These third-party advertising companies employ cookies and web beacons to measure and improve the effectiveness of ads for their clients, including us. To do so, these companies may use information about your visits to our site and other websites. This information may include: date/time of banner ad shown, their cookie, and the first three octets of the IP address. This anonymous information can also be used for online preference marketing purposes. These third parties may use information about your visits to this and other websites in order to provide ads about goods and services of interest to you.

You are free to decline cookies, but by doing so, you may not be able to use certain features on the site or take full advantage of all of our offerings. Check the “Help” menu of your browser to learn how to change your cookie preferences.

For further information, please see our Cookie Policy.

Collection Purposes, Use of Data

We use the data we collect for the following general purposes:

  • To respond to the request that you sent us such as your request for information, or your request to subscribe to a service or purchase a product;
  • To administer, protect and improve our Site and our systems;
  • To better understand the preferences of our Site visitors;
  • To identify server problems;
  • To compile aggregated statistics about Site usage;
  • To help personalize your experience of our Site;
  • To improve our products and services and other internal business purposes;
  • To provide you with information about our technologies, product or service releases, news, and other communications;
  • To the extent permitted by applicable law, we may combine the various types of data that we collect; and
  • Any other use we describe at the point where we collect the data.

Interactive Features/Forums

The Site may provide interactive features (such as forums) that allow you to disclose information directly to other users. Your participation in such interactive features is completely voluntary and ProHomes assumes no obligations or responsibility with respect to the information you provide or share through such interactive features. To participate in these interactive features, we may require you to register with us and provide certain information such as your name, company name, email address, location, phone number, and desired display name (which may be viewable by other users of the interactive features). We may use the information you provide during the registration process for analytical and development purposes (such as to make product or service enhancements) and to enable you to use the interactive features and to manage your account. You may also personalize our interactive features by voluntarily providing additional information such as your location, instant message contact information, web site address, occupation, and other information. Our interactive features may also allow you to upload an avatar or other graphical representation of yourself. If you voluntarily provide such additional information, it may be viewable by other users of the interactive features - so you should not provide information you do not want other users to see.

Where We Store and Process Data

We typically keep data in California, however, it is possible that from time to time we may keep data in various other locations, including, without limitation, other parts of the United States of America.

Disclosures of Personal Information

We do not share your personally identifiable information with others, provided that we may provide it to our affiliates. We may also share your information with third parties who process the data on our behalf for the purposes set forth in this Policy. Portions of our Site may offer services or information specific to identified partners or Clients (such as training services for Clients) and in such cases, we may share your personal information and activities on our Site with the identified partners or Clients for their business use. We may also share your information as required by law or in the interest of protecting or exercising our or others' legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Finally, we may also share your personal information where you have granted us permission for other commercial purposes, and we reserve the right to fully use and disclose any information collected via the Site that is not in personally identifiable form.

Retention

We may indefinitely retain your information.

Security

Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. It is your responsibility to safeguard any password and User ID you use to access the site and to notify us through Client Support if you ever suspect that this password or User ID has been compromised. You are solely responsible for any unauthorized use of the site conducted via your password and User ID.

Children's Privacy

The site is intended for adults. We do not intentionally or knowingly collect, personally-identifiable information from children under the age of 13 and we request that individuals under the age of 13 not submit any personal information on the site.

Amendments

We reserve the right to change this Policy from time to time and in our sole and absolute discretion. We reserve the right to change, modify, add or remove portions of this Policy at any time, but will alert you that changes have been made by indicating on the Policy the date it was last updated. When you visit the Site, you are accepting the current version of this Policy as posted on the Site at that time. We recommend that users revisit this Policy on occasion to learn of any changes.

Further Information

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this statement. You may write to us at ProHomes LLC, Attn. Legal Department, 7310 Miramar Road, San Diego, CA 92126.

Last Updated: April 1, 2015



Cookie Policy

ProHomes LLC and our affiliates (collectively, “ProHomes”) use cookies and a variety of similar technologies on its websites. In addition to cookies, such technologies include Local Shared Objects (i.e., Flash Cookies) and web beacons (i.e., single pixel GIFs, clear GIFs, or web bugs). We refer to these technologies collectively as “cookies.” See “Your Choices” below to manage cookies.

What is a Cookie?

A cookie is a small data file that may be stored on the hard drive of your computer or device in your browser’s file directory when you access our website. When you visit one of our websites, cookies may be set by us (first party cookies) or by other companies (third party cookies) such as cookies from Google Analytics, Typekit, Disqus, and Addthis. When you return to one of our websites, or when you access other web pages within one of our websites, your web browser will send the information stored in the cookie to us or to the third party that set the cookie. For more information explaining cookies, please visit www.allaboutcookies.org.

How are Cookies used?

Cookies are used on our websites for a variety of purposes:

  1. Basic Functions. Some of our websites use cookies that are strictly necessary in order to provide a function of the website such as to keep you logged-in where registration is required or to provide a shopping cart. These cookies may be set by us, or by third parties, such as a “Like” button by Facebook or a “Tweet” button by Twitter.
  2. Site Improvement. Some of our websites use cookies to better understand how visitors are using our websites to improve the information and functionality of our websites. These cookies help us learn, for example, if some webpages are not being frequently visited or if visitors are having difficulties navigating our websites. These cookies may be set by us, or by third-party companies such as Google or NetInsight.
  3. Personalization. Some of our websites use cookies to personalize the content that is displayed on our site, or to remember you when you return to our site.
  4. Advertising. Third-party advertising companies may have our permission to serve ads on our behalf across the Internet or to display ads for other companies on our site. These third-party advertising companies use cookies to measure and improve the effectiveness of their advertising. To do so, these companies may use generic information about your visits to our sites and other websites for online preference marketing purposes, in order to provide ads about goods and services of specific interest to you.

How Long are Cookies Stored?

We set cookies to expire after they have fulfilled their purpose. Our websites use cookies that expire when you close your browser (i.e., session cookies) or that expire after a set period of time (i.e., so-called “persistent cookies”). Cookies that are stored by third parties will have their expiration period determined by the third party, not us.

Your Choices

You decide whether cookies are stored on your computer or device and can choose to delete them. By accepting cookies that are stored on your computer when you visit our site, we infer that you have accepted the use of cookies as explained in this Cookie Policy. You can manage cookies one or more ways:

  1. Browser Setting. Your browser likely supports a variety of settings to control the cookies that are set on your computer or device and to delete cookies. These settings are typically found under the “Tools,” “Settings,” or “Options” menus. You can also check the “help” menu of your browser to learn how to change the cookie preferences through your browser settings. Note that you will need to manage the settings for each browser you use and on each device you use.
  2. Online Tools. Some third parties allow you to manage cookies through online tools such as: Network Advertising Initiative, Digital Advertising Alliance, Your Online Choices, and Adobe Flash.
  3. Browser Extensions. Some third parties have created software can be added to your web browser to manage their or third party cookies such as: Google Analytics, Ghostery by Evidon, Inc.

Please note that while you are free to decline cookies, you may not be able to use certain features on this site or take full advantage of all of our offerings if you decline cookies. Our reference to any third party or their software or services is not an endorsement by us of such third party or their products and services and we disclaim any liability for the use or operation of any third party software or services.

Changes

We reserve the right to change this Cookie Policy from time to time and in our sole and absolute discretion. We reserve the right to change, modify, add or remove portions of this Cookie Policy at any time, but will alert you that changes have been made by indicating on the Cookie Policy the date it was last updated. When you visit the site, you are accepting the current version of this Cookie Policy as posted on the site at that time. We recommend that users revisit this Cookie Policy on occasion to learn of any changes.

Further Information

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this statement. You may write to us at ProHomes LLC, Attn. Legal Department, 7310 Miramar Road, San Diego, CA 92126.

Last Updated: April 1, 2015