TERMS OF SERVICE
Thank you for selecting the services offered by Minnesota Metropolitan Contractors Association, (d/b/a HomeVuePro, and hereinafter referred to as “HomeVuePro,” “We,” “Our,” or “Us”), including the HomeVuePro web application (the “Web App”), and HomeVuePro.com (the “Website”). Please read these Terms of Service (the “Agreement”) carefully. This Agreement is a legal agreement between you and HomeVuePro. HomeVuePro and its associates agree to provide the Services defined below to you subject to this Agreement. Your right to use the Services is personal to you. You represent and warrant that you have the legal authority to agree to the Terms of Service and to use this website.
You acknowledge and agree to be bound by this Agreement by using or accessing the Services, including visiting HomeVuePro.com. If you do not agree and consent to be bound by this Agreement, please do not access, use, or view the Services.
2. CHANGE IN TERMS
This Agreement is subject to change. Any changes will be posted to the Website from time to time. Your continued use of the Services after any changes are posted shall be deemed your conclusive acceptance of the change to the Agreement.
4. ELECTRONIC COMMUNICATIONS
When you visit the Website, access the Web App or Mobile App, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. HOMEVUEPRO’S CONTENT
(a) All intellectual property in or related to the Services, including text, images, notice, software, logos, graphics, and other content, except for Your Content (defined below) (“HomeVuePro’s Content”), are protected by applicable copyright, patent, trademark, and other laws. The Services and all related intellectual property are the property of HomeVuePro, unless otherwise indicated. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners. You shall not acquire any ownership rights by using the Services.
(b) Subject to this Agreement, HomeVuePro grants you a limited, non-exclusive license to use and access the Services, and a limited, non-exclusive license to use and access HomeVuePro’s Content in connection with your use of the Services. Unless expressly agreed to by HomeVuePro (such as through the creation of a Contractor or Vendor Account, or other written agreement with HomeVuePro), you agree that you will not use the Services for any public or commercial purpose. We may terminate this license at any time for any reason. Should your license be terminated and your use of the Services be subject to a periodic subscription fee pursuant to this Agreement, the periodic fee paid by you for the period that your license is terminated will be refunded to you on a pro rata basis. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
(c) The Services, including the Web Extension, enables access to third-party content, products, and/or services, and it offers interactions with third-parties over which HomeVuePro does not control. HomeVuePro assumes no liability for your access or use of any such third-party content, products, and/or services, or your interactions with other third-parties through the Services. You agree that your use of the Services, including the Web Extension, will conform with all applicable laws, including intellectual property laws, and you agree that HomeVuePro is not responsible for your use of the Services, and that you will hold HomeVuePro harmless should you use the Services in an improper or illegal manner. You agree that you will not provide access to or give any part of the Services to any third-party, and that you will not make the Services available on any file-sharing or application hosting service. Your use of the Services does not amount to an endorsement or verification by HomeVuePro. HomeVuePro makes no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on or through the Services by any party.
(d) You may not copy, download, redisplay, distribute, modify, repost, reproduce, transmit, reverse engineer, decompile, create a derivative work, or otherwise exploit HomeVuePro’s Content without HomeVuePro’s express written consent. HomeVuePro expressly prohibits the use of use of data mining, robots, or similar data gathering and extraction tools in your use of the Services.
(e) We may change or discontinue the Services, as well as the information that we offer through the Services at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend it.
6. YOUR CONTENT
(a) The Services allow you to post and upload material, including but not limited to, home design and budgetary specifications, photos, messages, and commentary (hereinafter collectively referred to as “Your Content”). You agree and acknowledge that all material that you post, upload, or enter through your use of any comment, message board, or chat features of the Website may be viewed by the general public and will not be treated as private or confidential information.
(b) Through your use of the Services, you hereby grant to HomeVuePro and HomeVuePro’s affiliates, licensees and sub-licensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, fully paid-up, royalty-free worldwide license for HomeVuePro to use and distribute, in any manner, Your Content (including the right to sublicense through multiple tiers), or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content.
(c) HomeVuePro acknowledges and agrees that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to HomeVuePro in the above paragraph, and that no ownership of such copyrights is transferred to us under this agreement. Subject to HomeVuePro product and user experience considerations, we will not license or sublicense to third parties individual photos or collections of photos uploaded to the Services by you, except in each case for a HomeVuePro business purpose (“Business Purpose”). A Business Purpose means any use in connection with the Services, or any use which advertises, markets or promotes HomeVuePro, its affiliates, the Services, or the information the Services contains.
(d) You agree that you are responsible for any lost or unrecoverable content, and that it is your responsibility to back-up, or otherwise archive your content. HomeVuePro recommends that you do this frequently.
(e) By posting Your Content on through the Services, you represent and warrant to HomeVuePro that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant HomeVuePro the rights to the use of Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content.
(f) You agree that HomeVuePro is not responsible for the content or data that you submit through the Services. You agree not to use, nor to permit any third-party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
(i) Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
(ii) Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
(iii) Except as permitted by HomeVuePro in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
(iv) Virus, trojan horse, worm or other disruptive or harmful software or data; and
(v) Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
(g) You are responsible for ensuring that your content does not violate this Agreement or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
(h) HomeVuePro reserves the right to monitor, edit, alter, or remove Your Content, in whole or part, for any reason (which may include a reported violation of this Agreement or of United States or international intellectual property law). We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. HomeVuePro does not regularly review or monitor content. HomeVuePro may disclose any information necessary to satisfy any legal obligation of HomeVuePro, protect HomeVuePro customers, or to properly operate the Services.
(i) HomeVuePro has no obligation to delete content or material that you may personally find objectionable or offensive. HomeVuePro will endeavor to promptly respond to content removal requests pursuant to the Copyright and DMCA provision below.
7. COPYRIGHT AND DMCA
(a) All content associated with the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HomeVuePro or its content suppliers and protected by United States and international copyright laws, except for Your Content, or the content of other users. As stated in the “Your Content” section of this Agreement, you and other users of the Services represent and warrant that they possess the requisite legal rights to permit and allow HomeVuePro to use the content posted or uploaded to the Services. If you infringe upon the copyright, trademark, patent, or other intellectual property rights of others, the content that you post or upload to the Services may be removed in whole or in part.
(b) If you have a good faith belief that materials hosted by or appearing in the Services infringe your copyright, trademark, or other intellectual property rights, you or your authorized agent may send HomeVuePro a notice requesting that the material in question be removed, or that the material be rendered inaccessible to the general public (a “DMCA Request”). The notice must contain the following information as required by the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512(c)(3)(A): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) identification of the material that is claimed to be infringing or to be 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 HomeVuePro to locate the material; (iv) information reasonably sufficient to permit the HomeVuePro to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Please be advised that HomeVuePro will not respond to requests that do not at least substantially comply with sections (ii)-(iv) of the above paragraph pursuant to 17 U.S.C. § 512(c)(3)(B)(ii). If any of Your Content is removed or disabled from the Services pursuant to a DMCA Request, HomeVuePro will take reasonable steps to promptly notify you that it has removed or disabled access to the Content. If you feel that the DMCA Request was submitted in error, you may submit a DMCA counter-notification (a “DMCA Counter-Notice”) to HomeVuePro. HomeVuePro will provide the person submitting the DMCA Request with the DMCA Counter-Notice. HomeVuePro will then replace the removed material or enable access to the disabled material not less than 10, nor more than 14, business days following receipt of the DMCA Counter-Notice, unless it receives notice from the person filing the DMCA Request that such person has filed an action seeking a court order to restrain you from engaging in infringing activity.
(d) A DMCA Counter-Notice must be in writing and must contain substantially the following information: (i) a physical or electronic signature of the subscriber; (ii) 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; (iii) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which HomeVuePro may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
(e) DMCA Requests and DMCA Counter-Notices must meet current statutory requirements at the time the Request or Counter-Notice is submitted, and should be sent to the agent identified below. HomeVuePro strongly recommends that you consult legal counsel before filing a DMCA Request or DMCA Counter-Notice. The DMCA contains provisions penalizing false claims.
(f) Agent to Receive Notices of Claimed Infringement
Minnesota Metropolitan Contractors Association, LLC
211 N. 1st Street
Minneapolis, MN 55401
No trademarks and trade dress owned by HomeVuePro may be used in connection with any product or service that is not HomeVuePro’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HomeVuePro. All other trademarks not owned by HomeVuePro or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HomeVuePro.
9. YOUR MEMBERSHIP ACCOUNT
You may first have to register and obtain a HomeVuePro account (the “Account”), including a form of user identification and password to use the Services. You are responsible to maintain the secrecy and confidentiality of any user identification information and password created or provided to you. You agree not to permit any person to use your passcode, method of identification, or other form of identification we provide you. If you do permit such use, you agree to be liable for any transactions that person makes, even if you did not indent for them to do so. You agree to immediately notify us if the security or confidentiality of your account, passcode, or any other form of user identification is breached, or if you believe that your account has been subject to unauthorized use. As stated in paragraph 5, you agree that we may refuse services, terminate your account, passcode, user identification, cancel your subscription, or remove or edit your content at any time, in our sole discretion.
This Agreement also incorporates by reference and includes payment terms provided to you through the Website, Web App or Mobile App when you sign-up for an Account.
11. ANCILARY CHARGES FOR USE OF THE SERVICES
Use of the Services requires an internet connected device, and may be accessed on a mobile device (through a mobile browser for the Web App, or through the dedicated Mobile App), such as a smartphone or tablet. You agree that you are solely responsible for any charges for internet or data usage associated with your use of the Services, including any applicable changes, updates and fees as well as the terms of your agreements with your telecommunications provider or providers.
HOMEVUEPRO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLEID AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
12. PERSONAL INFORMATION
13. COMMUNITY FORUM
The Services may include a community forum or other social features to engage with and exchange information with other users of the Services and the public (“Community Forum”). HomeVuePro does not support, does not monitor, and is not responsible for the content in any such Community Forum. Please use respect when you interact with other users in a Community Forum. Do not reveal confidential or other information that you do not want to make public. Users may post hypertext links to content of third parties for which HomeVuePro is not responsible.
You may provide comments or feedback to HomeVuePro via the Contact section of the Website. You agree that HomeVuePro may use any such feedback, suggestions, or ideas in any way, including for use in future modifications to the Services, the development of new services or products, advertising, or in marketing materials. You grant HomeVuePro a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to HomeVuePro in any way it sees fit.
15. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
HomeVuePro and its associates attempt to be as accurate and error-free as possible. However, HomeVuePro does not warrant that the content of Services is accurate, complete, reliable, current, or error-free.
(a) YOUR USE OF THE SERVICES AND HOMEVUEPRO’S CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED BY HOMEVUEPRO ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMEVUEPRO, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, COMPLETENESS, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. HOMEVUEPRO DOES NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM VIRUSES, MALICIOUS SOFTWARE (“MALWARE”), INTERRUPTION, ERRORS, OR OTHER HARMFUL COMPONENTS, AND EXPRESS DISCLAIMS ALL LIABILITY REGARDING THE SAME.
(b) HOMEVUEPRO DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY TO THE WEBSITE OR OTHER SERVICES; (ii) ANY PRODUCTS OR DESCRIPTIONS OF PRODUCTS LISTED ON THE WEBSITE; (iii) THIRD-PARTY WEBSITES, CONTENT, PRODUCTS, OR SERVICES LISTED ON OR ACCESSIBLE THROUGH THE WEBSITE OR SERVICES; AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY THAT YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
(c) HOMEVUEPRO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OR THEFT OF DATA, VIRUSES, OR MALWARE (EVEN IF HOMEVUEPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR HOMEVUEPRO’S CONTENT. YOUR USE OF THE SERVICES AND HOMEVUEPRO’S CONTENT IS AT YOUR SOLE RISK. TO THE EXTENT THAT HOMEVUEPRO MAY BE FOUND LIABLE FOR DAMAGES OF ANY SORT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF HOMEVUEPRO, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
(d) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE YOU ACCESS THE WEBSITE (FOR CLAIMS BASED ON THE WEBSITE) OR 60 DAYS FROM THE DATE YOU SIGN UP FOR THE SERVICES (FOR CLAIMS BASED ON THE WEB APP, MOBILE APP, OR IMAGE CLIPPER). IF THE EXCLUSION FOR IMPLIED WARRANTIES OR LIMITATION OF CERTAIN DAMAGES APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. LIMITATION OF LIABILITY AND INDEMNITY
You agree to indemnify and hold HomeVuePro and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services, breach of this Agreement, any allegation that any materials you submit to HomeVuePro or upload to the Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party, and/or your negligent or willful misconduct (collectively referred to as “Claims”). HomeVuePro reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims, with counsel selected by HomeVuePro in its sole discretion. You agree to reasonably cooperate as requested by HomeVuePro in the defense of any Claims.
17. APPLICABLE LAW
By accessing or using the Services, you agree that the laws of the United States, and more specifically, the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and HomeVuePro or its associates and Suppliers. The parties agree to submit to the personal jurisdiction of a federal or state court located in Hennepin County, Minnesota.
Any dispute relating in any way to your access or use of the Services shall be submitted to confidential arbitration in Hennepin County, Minnesota, United States of America, except that each party retains the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights. In such a case, the party must pursue the injunctive or other equitable relief in any state or federal court in the state of Minnesota, United States of America, and the parties consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
THE PARTIES AGREE THAT BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, THE PARTIES ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, THE PARTIES AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO LITIGATE ON A CLASS-WIDE BASIS. THE PARTIES AGREE THAT THEY HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
19. POLICIES, MODIFICATION, ENTIRE AGREEMENT, AND SEVERABILITY
(a) Notice for California Users. Pursuant to Cal. Civ. Code § 1789.3, the name, address, and telephone number of the provider of the Services is: Minnesota Metropolitan Contractors AssociationMinn, LLC, (d/b/a HomeVuePro), 211 N. 1st Street, Suite 335 Minneapolis, MN 55401, 763-301-9676. There is no charge to access the Website. Charges for use of the Web App and/or Mobile App are fully disclosed upon sign-up, and may vary depending on your selection. There is no additional charge for the use of the Image Clipper. If you have a question or complaint regarding the Services, please contact HomeVuePro at info@HomeVuePro.com or by writing to our mailing address. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or via telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 218-1227.
(b) Application Provider Terms. If you access the Website or the Web App, you acknowledge that this agreement is between you and HomeVuePro only. If you access the Mobile App and/or the Image Clipper, you acknowledge that another application service or application platform provider (such as Apple, Inc. or Google Inc.), may provide you access to the Mobile App or Image Clipper subject to its own terms.
(c) Assignment. No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with HomeVuePro’s prior written consent, and any attempted assignment, transfer, delegation, or sub-license shall be null and void. HomeVuePro may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in its sole discretion.
(d) Waiver. HomeVuePro’s failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
(e) Headings. Headings, captions, and/or section titles contained herein are provided only for convenience and in no way define or explain any section or provision of this Agreement.
(f) Survival. The following provisions will survive expiration or termination of this Agreement: Section 6 (Your Content), Section 3(a)(ownership) and 3(d)(restrictions), Section 16 (Disclaimers), Section 17 (Limitation of Liability and Indemnity), Section 19 (Disputes) and Section 21 (Miscellaneous).
Questions regarding our Terms of Service, Privacy Notice, or other policy related material can be directed to our support staff by accessing the “Contact Us” section of the Website. You can also email us at: info@HomeVuePro.com
By visiting HomeVuePro.com, or by signing up for, accessing, or using one or more of the Services, you are accepting the practices described in this Privacy Notice.
The information we learn from customers allows us to personalize and continually improve the user experience for the Services. Here are the types of information we gather:
1.1 User Supplied Information. HomeVuePro receives and may store and analyze any information you enter on or through the Services, or give us in any other way. Information that we collect can be: (i) name and address information (when signing up for an account); (ii) your e-mail address; (iii) browsing patterns, search activity, and other information provided by your computer or mobile device in connection with your use of the Website (such as your browser type, IP address, location, unique device identifier, etc); (iv) any comments or other posts submitted through the Website; (v) communications between you and HomeVuePro; (vi) communications between you and third-parties through the Website; (vii) information regarding building materials, supplies, budgets, contractors, and other information inputted or uploaded by you through the Web App or Mobile App; (viii), and credit card and other transactional information supplied to facilitate the purchase of a subscription. This list is not exclusive, and may be altered without notice based on information that you supply voluntarily.
1.2 Automatically Provided Information. Some information may be provided by you without your direct input. Examples of this information include the IP address used to connect your computer to the Internet; any e-mail address that you use to communicate with us; computer and connection information such as browser type and version, operating system, and platform; your use history of the Services, which we may aggregate with similar information from other customers; the full Uniform Resource Locator (URL) clickstream to, through, and from the Website, including date and time; cookie number; and pages you viewed.
1.4 Linked Networks and Contacts. If you elect link your HomeVuePro account with social network services or other online platforms such as Facebook, Google, or Instagram, you will be asked to enable sharing of your contacts with HomeVuePro. In an effort to encourage a more connected experience, if you agree to share your contacts, We may send notices informing your contacts that you have joined HomeVuePro so that you and your contacts can find and follow each other’s HomeVuePro account. You can adjust permission for users to follow your profile in the advanced settings of your profile.
1.5 Right to refrain from giving information. You have right to refrain from giving us certain information, but then you might not be able to take advantage of all of the features of the Services. We use the information that you provide for to enhance the Services, such as responding to your requests, customizing and improving the usability of the Services, and communicating with you.
1.8 Supplemental Software. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at the Website if we cannot recognize you, we want you to be aware that these tools exist.
1.9 E-mail Communications. We communicate and make special offers available via email. To help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from HomeVuePro if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your e-mail contact preferences.
1.10 Information from Other Sources. From time to time, we receive information about you from other sources and add it to our account information.
2. USE OF INFORMATION
In addition, HomeVuePro uses the information it collects to better understand how users access and use the Services, both on an aggregated and individualized basis, in order to improve the Services, respond to user desires and preferences, develop additional products and services, and for other research and analytical purposes. From time to time, we may also offer contests or promotions, and will use the information we collect to administer such contests, promotions and surveys, to analyze the results for research purposes, and to comply with legal requirements related to such contests and promotions.
3. SHARING OF INFORMATION
The information that we collect about our customers is critical to our business. We respect and value this information, and do not want to jeopardize the flow of information between our customers and the Services. HomeVuePro will not rent or sell your personal contact information (such as any e-mail addresses we may have on file for your account, your address information, phone-number, etc) to third-parties to use for their own marketing purposes. However, in some cases HomeVuePro may allow third parties, including other users and HomeVuePro partners, to contact you through the Website, including for marketing purposes. Please be aware that any information that you share publically though your use of the Website is available to third party users of and visitors to the Website; HomeVuePro cannot control such third parties’ use or further disclosure of your information. It may be necessary to share some information about you with third parties in connection with your use of the Services. The information that we may share with third-parties includes:
3.1 HomeVuePro’s Agents, Contractors, Subsidiaries, Affiliates, and/or other Providers: HomeVuePro may share your information with our Agents, Contractors, Subsidiaries, Affiliates, or other Providers of services utilized by HomeVuePro as may be needed to run the Website and the Services, fulfill your requests and commercial transactions authorized by you, process your payments, or to provide you with customer support.
3.4 Business Transfers: HomeVuePro may transfer any information we have collected about you if HomeVuePro is merged with another entity, bought out by another company, or as necessary as part of a bankruptcy proceeding. We may also disclose information about you as necessary as part of the planning or review process for any potential merger, acquisition or transfer of assets.
3.5 Other HomeVuePro Users: Please be advised that any information you post publically on the Website will be publically available to other users of the Website. By posting to the Website, you agree to permit us to disclose publically the information that you post.
3.6 Investigations: HomeVuePro may investigate and disclose information from or about you, as permitted by applicable law, if we believe that such investigation or disclosure is (a) necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Services; or (c) helpful to protect our rights, reputation, property, or that of our users, subsidiaries, or the public.
4. THIRD PARTY ADVERTISING
As noted above, HomeVuePro works with third parties such as network advertisers to serve advertisements on third-party websites or other media, and to evaluate the success of HomeVuePro’s advertising campaigns, including Facebook, Google, and others (Facebook and Google offer additional ways to opt out of certain advertising activities, and maintain their own privacy policies that address their interest-based advertising services). HomeVuePro also may work with third parties to display ads on the Website.
You may be able to opt-out of receiving many targeted ads by taking advantage of certain consumer choice tools created by certain self-regulation programs, such as aboutads.info.
Opting-out of receiving targeted ads from certain companies will opt you out of receiving ads from said companies, but it does not mean that you will no longer receive advertising through the Website or other websites. You may continue to receive contextually based ads based on the particular website you are viewing. If your browser is configured to reject cookies, or you subsequently delete your cookies, your opt-out may not be effective. Additional information is available at aboutads.info.
5. PLUG-INS AND WIDGETS
6. INFORMATION SECURITY
6.1 Software Used. To protect the security of your payment information during transmission, we use Zoho Checkout, which encrypts information you input.
6.2 Order Confirmation. We reveal only the last five digits of your credit card numbers when confirming an order. To process an order, it is necessary to transmit the entire credit card number to the appropriate credit card company.
6.3 Signing off. To prevent unauthorized access to sensitive information, it is important for you to monitor those who have access to your password and to your computer. Be sure to sign off when finished using a shared computer.
6.4 No Guarantee of Security. No method of transmission over the Internet or through a mobile device, or method of electronic storage, is 100% safe and secure. HomeVuePro cannot, and does not, guarantee the absolute security of your information. HomeVuePro strongly recommends that you take steps to protect your account and personal information, such as choosing a strong password, keeping your password private, updating your password frequently, and not using the same password for multiple accounts.
7. USER CHOICES WITH REGARD TO ACCESS OF INFORMATION
7.1 General. You always have the right to refrain from providing any information to HomeVuePro. This may have an impact on your use of the Services, or in taking advantage of certain unique features of the Services.
7.2 Prior Information. You can add or update certain information on pages such as those listed in the “User Access to Information” section above. When you update, modify, or remove information, copies of the updated, modified or deleted information may continue to reside in our systems for a period of time, and we may maintain copies of such information as part of our business records.
7.4 Cookie Choices. The Help portion of the toolbar on most Web browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, disabling cookies means that you will not be able to use all features of the Services.
We do not offer our Services to children. If you are under 18, you may only use or access the Services with the permission of a parent or guardian. We do not knowingly collect personal information from children. If you become aware that a child has provided HomeVuePro with personal information without parental consent, please contact us at info@HomeVuePro.com, and we will take steps to remove such information and terminate the child’s account.
9. TERMINATION OF ACCOUNT AND RETENTION OF DATA
10. LINKS TO OTHER WEBSITES
11. TERMS OF SERVICE, NOTICES, AND REVISIONS