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  • 1834 E Baseline Rd Suite 105 Tempe, AZ 85283
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Terms of Service

Last updated 8/31/2023

AGREEMENT TO OUR LEGAL TERMS

We are Discount Pro Home (“Company,” “we,” “us,” “our”).

We operate the website https://discountprohome.com/ (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email at info@discountprohome.com or through the contact options available on our Website.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Discount Pro Home, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email, as stated in the message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. PROHIBITED ACTIVITIES
  5. USER GENERATED CONTRIBUTIONS
  6. CONTRIBUTION LICENSE
  7. THIRD-PARTY WEBSITES AND CONTENT
  8. SERVICES MANAGEMENT
  9. PRIVACY POLICY
  10. TERM AND TERMINATION
  11. MODIFICATIONS AND INTERRUPTIONS
  12. GOVERNING LAW
  13. DISPUTE RESOLUTION
  14. CORRECTIONS
  15. DISCLAIMER
  16. LIMITATIONS OF LIABILITY
  17. INDEMNIFICATION
  18. USER DATA
  19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  20. CALIFORNIA USERS AND RESIDENTS
  21. MISCELLANEOUS
  22. CONTACT US
  1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm–Leach–Bliley Act (GLBA).

  1. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please send your request to: info@discountprohome.com.

If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the rights described above; and
  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

  1. USER REPRESENTATIONS

By using the Services, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with these Legal Terms;
(2) you are not a minor in the jurisdiction in which you reside;
(3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
(4) you will not use the Services for any illegal or unauthorized purpose; and
(5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof).

  1. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear GIFs, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  1. USER GENERATED CONTRIBUTIONS

The Services do not currently offer users the ability to publicly submit or post content. However, we may provide opportunities in the future for you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy.

When you create or make available any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
  • You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users to use your Contributions as described.
  • You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten any other person or to promote violence.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any law concerning child protection.
  • Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.

  1. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data that you provide in accordance with the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not claim ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions to the Services.

  1. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to third-party websites (“Third-Party Websites”) and content belonging to or originating from third parties (“Third-Party Content”).

We do not monitor or check Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness and are not responsible for them. If you access Third-Party Websites or use/install any Third-Party Content, you do so at your own risk, and these Legal Terms no longer govern your use of those sites or content.

You should review the terms and privacy policies of any Third-Party Websites you visit. We are not responsible for any purchases made through Third-Party Websites and you agree to hold us harmless from any harm caused by such purchases.

  1. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  1. Monitor the Services for violations of these Legal Terms;
  2. Take appropriate legal action against anyone who violates the law or these Legal Terms;
  3. Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;
  4. Remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and
  5. Otherwise manage the Services to protect our rights and property and to facilitate proper functioning.
  1. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy:
https://discountprohome.com/privacy-policy/

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in the United States. If you access the Services from any other region with laws or requirements governing personal data collection, use, or disclosure that differ from U.S. law, then through your continued use of the Services, you are transferring your data to the United States and consent to such transfer and processing.

  1. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

We may terminate your use or participation in the Services or delete any content or information posted at any time, without warning, in our sole discretion.

If we terminate or suspend your access for any reason, you are prohibited from creating a new account under your name, a fake or borrowed name, or any third party’s name.

We reserve the right to take legal action, including civil, criminal, and injunctive remedies.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We will not be liable for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience issues or need maintenance, resulting in interruptions, delays, or errors. You agree we have no liability for any loss, damage, or inconvenience caused by an inability to access or use the Services during any downtime.

Nothing in these Legal Terms obligates us to maintain, support, or provide updates or releases for the Services.

  1. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the jurisdiction in which Discount Pro Home is established, without regard to conflict of law principles.

  1. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the courts of the jurisdiction in which Discount Pro Home is established. The Parties consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is excluded from these Legal Terms.

  1. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

  1. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties or representations about:

  1. The accuracy or completeness of the Services’ content or content of any linked websites;
  2. Personal injury or property damage resulting from your access to and use of the Services;
  3. Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein;
  4. Any interruption or cessation of transmission to or from the Services;
  5. Any bugs, viruses, Trojan horses, or similar which may be transmitted to or through the Services by any third party; or
  6. Errors or omissions in any content or materials or any loss or damage of any kind incurred as a result of the use of any content made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any linked website.

  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your use of the Services;
  2. Your breach of these Legal Terms;
  3. Any breach of your representations and warranties;
  4. Your violation of any third party rights, including intellectual property rights; or
  5. Any harmful act toward any other user of the Services with whom you connected via the Services.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with such defense.

  1. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing performance, as well as data relating to your use of the Services.

Although we perform routine backups, you are solely responsible for all data you transmit or that relates to any activity undertaken using the Services.

You agree that we have no liability for any loss or corruption of such data and you waive any right of action against us arising from any such loss or corruption.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You waive any rights under laws requiring original signatures or non-electronic records.

  1. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.

  1. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time.

If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity of remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

You waive any defenses based on the electronic form of these Legal Terms and lack of physical signing by the parties.

  1. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Discount Pro Home
Website: https://discountprohome.com/
Email: info@discountprohome.com

 

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