Terms and Conditions of Use
Please read these Terms and Conditions of Use (the “Terms of Use”) carefully because they apply to your use of all of the websites that Pro Housing Management, LLC and its subsidiaries and affiliates (collectively “Pro Housing”) operate, including those located at https://prohousing.flywheelsites.com and all sub-domains (collectively, the “Site”). Unless otherwise agreed in writing with Pro Housing, your use of any Site will always be subject to, at a minimum, the terms and conditions set out in this document. The Terms of Use form a binding legal agreement between you and Pro Housing in relation to your use of the Site. You can find more information about the operator of this website under the heading “Legal.”
1. Your Agreement to the Terms of Use
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. YOUR ACCESS OR USE OF THE SITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF USE. By accessing or using the Site you also represent that you have the legal authority to accept the Terms of Use on behalf of yourself and any party you represent in connection with your use of the Site. If a party you represent is acquiring goods and/or services from Pro Housing, you agree, on behalf of such party, that the Pro Housing terms and conditions on this Site applicable to such transaction govern such transaction, unless a written agreement to the contrary has been signed by the party you represent and Pro Housing. This is so despite any terms or conditions on any purchase order or other document or any terms and conditions on any other web site that purport to state to the contrary. If you become aware of any violations of these Terms of Use (including the Privacy Policy described below) or if you have any questions or comments regarding these Terms of Use, please contact us at stay@prohousing.com
2. Limited Use License for User/User License to Pro Housing
Pro Housing grants you permission to store, display, view and print copies of materials published on the Site solely for non-commercial use within your organization in support of Pro Housing products, services and technology. No other use of materials published on the Site is authorized. In consideration of this authorization, you agree that these materials and any copies of these materials will not be modified in any way and that any copy of will retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained in these Terms of Use will be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Pro Housing or any third party (other than the limited permission referred to in this Section 2).
Any Software that you download from the Site is governed by the (i) the license terms accompanying the Software or (ii) if no license terms accompany the file, the terms of the license agreement that accompanied the original product licensed by you which you are updating.
The license granted in this Section 2 shall automatically terminate if you violate any of these restrictions and may be suspended indefinitely or terminated by Pro Housing at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You hereby grant Pro Housing an irrevocable, royalty-free, worldwide, assignable, sublicensable, license to use any material which you submit to Pro Housing or the Site for use on the Site or for generally marketing (by any means and in any media, including, but not limited to our Site) our services. You agree that you waive your rights to be identified as the author and we may modify your submission.
3. Copyright
All contents on the site are protected by copyright and all such rights are reserved. Except as specifically permitted herein, no portion of the information the site may be reproduced in any form, or by any means, without prior written permission from Pro Housing. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.
4. Trademark and Intellectual Property
The trade names and trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Pro Housing or other third parties. Users are not permitted to use these Marks or other intellectual property of Pro Housing without the prior written consent of Pro Housing or such third party which may own the Mark. In addition, without the prior written permission of Pro Housing, page headers, custom graphics, button icons, and scripts, among other things, may not be copied, imitated, or used, in whole or in part, and you agree not to frame any of the Site onto your own or another person’s website or mobile application.
5. Compliance with Applicable Laws
User access to the Site is governed by all applicable federal, state and local laws. You may use our Site only as permitted by such laws and regulations.
6. Password Protected Areas and Other Limited Areas
Some areas of the Site may be restricted to authorized users only. You agree not to interfere with the operation of these areas or to access or use them without permission. You understand that you are solely responsible maintaining the confidentiality of your passwords and for all activities that occur under your accounts and Pro Housing reserves the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if, in our opinion you have failed to comply with these Terms of Use or the requirements for security of the Site or to protect the integrity and security of the Site. You agree not to access without authority, any equipment or network on which the Site is stored, any software used in the provision and operation of the Site and any equipment or network or software owned or used by any third party as part of the Site.
7. Disclaimers
Pro Housing has attempted to provide accurate information on the Site. However, the materials on the Site are provided “as is” and commentary and other materials are not intended to constitute advice on which reliance should be placed. The materials appearing on Pro Housing’s web site could include technical, typographical, or photographic errors. Pro Housing may change the programs or products listed on the Site at any time without notice. Pro Housing does not make any commitment to update the materials. Mention of non-Pro Housing products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
PRO HOUSING MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. PRO HOUSING DOES NOT WARRANT THAT ANY OF THE MATERIALS ON ITS SITE ARE ACCURATE, COMPLETE, OR CURRENT, AND PRO HOUSING ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. FURTHER, PRO HOUSING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE LIKELY RESULTS OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY OTHER SITES LINKED TO THE SITE.
IN NO EVENT SHALL PRO HOUSING, ITS SUBSIDIARIES AND AFFILIATES, OR ITS THIRD PARTY VENDORS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY OF THE MATERIALS ON THE SITE, EVEN IF PRO HOUSING OR A PRO HOUSING AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION ON LIABILITY, INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT. PRO HOUSING DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
PRO HOUSING IS NOT RESPONSIBLE FOR EXAMINING THE CONTENT, ACCURACY, COMPLETENESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY OR ANY OTHER ASPECT OF CONTENT, DATA, INFORMATION, APPLICATIONS, WEBSITES OR MATERIALS FROM THIRD PARTIES AND PRO HOUSING WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR THIRD SERVICES OR MATERIALS OR WEBSITES DISPLAYED, LINKED, OR REFERENCED ON THIS SITE.
THIS SITE IS INDEPENDENT OF ANY PLATFORM ON WHICH IT IS LOCATED AND IS NOT ASSOCIATED OR AFFILIATED WITH OR SPONSORED OR ENDORSED BY OR IN ANY WAY LINKED TO ANY PLATFORM OPERATOR INCLUDING GOOGLE, ANDROID, AND APPLE. NEITHER THE PLATFORM OPERATOR NOR PRO HOUSING HAS ANY OBLIGATION TO FURNISH ANY MAINTENANCE OR CUSTOMER SUPPORT WITH RESPECT TO THIS SITE. YOU ACKNOWLEDGE THAT THE PLATFORM OPERATOR HAS THE RIGHT TO ENFORCE THESE TERMS OF USE AGAINST YOU AS A THIRD PARTY BENEFICIARY HEREOF.
BY AGREEING TO THESE TERMS OF USE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT PRO HOUSING OR THIS SITE MAY COLLECT AND USE INFORMATION ABOUT YOU. SUCH INFORMATION MAY BE COLLECTED AND USED IN ANY MANNER THAT IS NOT PROHIBITED BY LAW. WE WILL PROCESS THIS INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY.
PRO HOUSING SHALL NOT BE OBLIGATED TO INDEMNIFY YOU OR DEFEND YOU WITH RESPECT TO ANY THIRD PARTY CLAIMS (INCLUDING INTELLECTUAL PROPERTY CLAIMS OR COPYRIGHT INFRINGEMENT CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.
8. Links
Pro Housing has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pro Housing of the site. Use of any such linked web site is at the user’s own risk.
9. Changes to the Terms of Use
Pro Housing may at any time change, modify, add or remove portions of these Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Pro Housing grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
10. Products and Services Availability
To the extent international information is provided on this Site, not all products or programs mentioned may be available in any country. Please contact your Pro Housing representative for information as to products and services available in your country. You may not use or otherwise export or re-export the Site into any U.S. embargoed countries or to any person or entity on a prohibited nationals or entity list.
11. Prohibited Uses and Objectionable Materials
You shall not in any way use this Site or submit to Pro Housing or the Site anything that (i) is a breach of any applicable law, statute or regulation; (ii) is fraudulent, or unlawful; (iii) is inaccurate or out-of-date; (iv) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, derogatory, harmful, harassing, threatening, malicious, abusive, menacing, defamatory, libelous or political, (v) impersonates any other person or entity; (vi) may infringe on or breach the copyright or intellectual property rights of Pro Housing or any third parties; is contrary to any specific rule or requirement of the Site; (vii) involves your use, delivery, or transmission of any viruses, unsolicited emails, trojan horses, back doors, worms, time bombs, or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Without limiting the foregoing, you understand that you may encounter content on this Site that may be deemed offensive or objectionable, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You agree to use the Site at your own sole risk and that Pro Housing has not liability to you for any content found to be objectionable or offensive.
12. Governing Law
Any claim relating to Pro Housing’s Site shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You expressly agree that jurisdiction and venue for any claims will be brought in Maricopa County, Arizona.
13. Privacy Policy
Please see Pro Housing’s Privacy Policy which shall form an integral part of these Terms of Use.
Pro Housing is committed to maintaining the privacy and security of your personally identifiable information as you visit the Site. This privacy policy defines our commitment to protect the personally identifiable information Pro Housing collects, uses, stores, or discloses through the site (this “Privacy Policy”). Please carefully read this Privacy Policy.This Privacy Policy is incorporated into, and made a part of, the Terms of Use.
Pro Housing may amend this Privacy Policy at any time without specific notice to you. The most recent form of this Privacy Policy will be posted at all times on the Site and you should review this Privacy Policy each time upon visiting the Site. You agree that each time you enter or use the Site, you accept and agree to comply with and be bound by this Privacy Policy, as modified from time to time.
Definitions
Please refer to the Terms of Use for definitions of words with initial capital letters that are not otherwise defined in this Privacy Policy.
Information Pro Housing Collects
Throughout the Site, you may voluntarily submit information that personally identifies you (the “Personally Identifiable Information”). For example, Pro Housing may ask you to voluntarily submit Personally Identifiable Information if you request information regarding its products or services or request access to certain parts of the Site. Physically Identifiable Information includes, but is not limited to, your name, company or organization name, department, physical address, phone number, fax number, e-mail address, billing information, viewing preferences, and product or services interests and comments.
To help Pro Housing tailor the Site to the needs and interests of its visitors, Pro Housing may collect various types of information from you that do not identify you personally (the “Non-Personally Identifiable Information”). For example, when you visit the Site, Pro Housing’s server, through the use of tracking devices, may collect Non-Personally Identifiable Information pertaining to you, including your IP address, the length of time you spend on the Site, which pages you visited within the Site, which site you visited before coming to the Site, and which site you accessed when you left the Site.
What Pro Housing Does With Information It Collects
Pro Housing will only release Personally Identifiable Information (i) as required by law, (ii) to protect and defend the rights and properties of Pro Housing (and its subsidiaries, affiliates and, as elected by Pro Housing in its sole and absolute discretion, third party vendors), (iii) to protect your personal safety and the personal safety of Pro Housing’s users and the public in general (whether in emergency situations or otherwise), (iv) to third parties to maintain and/or operate the Site, (v) to Pro Housing’s business partners that provide services selected by you, (vi) to process your purchase from Pro Housing of services on, or in connection with the Site, (vii) to fulfill your service requests, (viii) to provide you with information on products, specials, newsletters or other services Pro Housing provides, and/or (ix) to enforce the terms and conditions of this Privacy Policy or any of the other Terms of Use relating to the Site.
Pro Housing may aggregate the Non-Personally Identifiable Information with information collected from other visitors of the Site to track overall visitor traffic patterns. This aggregated information will allow Pro Housing to develop statistics that are helpful to understanding how visitors use the Site. Pro Housing may use this aggregated information to monitor, maintain, and improve the functionality of the Site, making it more responsive to the needs of the Site’s visitors. Pro Housing may also use the Non-Personally Identifiable Information for historical, statistical, scientific or other purposes. Pro Housing reserves the right to use, sell and assign for any and all purposes all Non-Personally Identifiable Information.
Opting-Out
If you wish to “opt-out” or “unsubscribe” from receiving ongoing communications, please email us at stay@prohousing.com
Security
Pro Housing takes commercially reasonable measures to secure and protect your Personally Identifiable Information. We cannot guarantee, however, that any electronic commerce is totally secure. For example, even though Pro Housing will not release your Personally Identifiable Information without your consent except as otherwise stated in this Privacy Policy, Pro Housing has no control over the information collected by a Site user’s internet provider or your employer (if the Site is made available to you through your employer or if you send Personally Identifiable Information through your employer provided email account) or information that you disclose in a public forum. Any such third party that collects your Personally Identifiable Information may use the information in accordance with its terms and conditions of use (and related privacy policies) which may be different from this Privacy Policy. Pro Housing is not responsible for any information collected by such third parties and/or how such information is used and maintained. Neither Pro Housing nor any third party has the authority to make any representations or commitments on behalf of the other.
Cookies
Company reserves the right to place a text file called a “cookie” (or a piece of information transferred to your hard disk for record keeping purposes) in the browser files of your computer. The cookie itself does not contain information that would personally identify you, although it could enable us to relate your use of the Site to information that you have specifically and knowingly provided to the Site.
Policies Regarding Minors
Although the Site is not geared for use by or marketed towards minors, Pro Housing hereby discloses that it does not intend to collect Personally Identifiable Information from minors. Visitors to the Site should monitor the use of the Site by minors under the age of 18 and should not allow children or young adults under the age of 16 to provide Personally Identifiable Information, ask questions or submit information via the Site. If Pro Housing becomes aware that a minor under the age of 16 has provided Personally Identifiable Information, Pro Housing will delete that Personally Identifiable Information as soon as practicable. If a user of the Site becomes aware that a minor under the age of 16 has provided Personally Identifiable Information, please contact us at stay@prohousing.com.
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