TERMS OF USE
Please read these Terms of Use carefully before using the website on your device. These Terms of Use (the "Terms") constitute a legal agreement between you and ProHomeFind.com ("ProHomeFind," "us," "our," or "we") regarding your use of any of our websites, including, but not limited to, prohomefind.com and our sub-domains (the "Sites"), our mobile application (the "App"), and the services and products provided therein (collectively with the Sites and App, the "Services"). You represent that you are a prospective or active agent, broker, or franchisee, or a prospective purchaser or seller of real property with a bona fide interest in the purchase or sale of real property.
By accessing the Services, you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the Services, and you must not use them. We may immediately terminate these Terms, the Services, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
By agreeing to these Terms, you expressly agree that any disputes must comply with California law and be resolved through arbitration as further described in this paragraph and in Section 21.2 below. Any controversy, allegation, or claim that arises out of or relates to the Sites, these Terms, or any additional terms (collectively, a "Dispute"), except for any disputes related to our actual or alleged intellectual property rights (an "Excluded Dispute"), shall be resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If the prohibition on class arbitration is deemed invalid or unenforceable, the remaining arbitration provisions will remain in effect.
For more information about specific online service, office, agents, properties, memberships or opportunities, please contact your local ProHomeFind Marketing Agent of your related state or write to info@prohomefind.com. Once you contact an Marketing agent or request information about a specific online service, you will be redirected to your local ProHomeFind branch Marketing Agent, which will administer all sales. While ProHomeFind.com operates and controls the online Services mentioned here, each ProHomeFind branch is solely and independently responsible for its legal and regulatory compliance, issues related to the hire of online services, or your membership as an agent. Opportunities to become a member are directly with the ProHomeFind.com, meaning that all agent onboarding decisions and related matters are managed by your local ProHomeFind Marketing Agents. ProHomeFind.com offers Real Estate services on an "as is" basis and accepts no liability for the actions or omissions of individual marketing agents or branches.
Your Access
General Access
These Terms apply to the Services, including any updates or supplements to the Services, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time, and as required by applicable California law, we will notify you of a material change when you next access the Services, via email, or another communication method we deem reasonable. The new terms may be displayed on-screen, and your continued use of the Services acts as acknowledgment and consent to these changes. The date these Terms were last updated appears at the bottom of these Terms.
You must be 18 years of age to use the Services.
Any real estate broker, salesperson, agent, or similar state-licensed real estate professional who uses any of our Services for its customers must first enter into an agreement with ProHomeFind.com Marketing Agents, or affiliates. No person, including any licensed real estate professional, may market or make commercial use of the Services in any way, including but not limited to advertising our property listings, copying our content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Sites. We reserve the right to deny or terminate access to any real estate professional who uses our Services in violation of these Terms.
From time to time, we may issue updates to the Services. Depending on the update, you may not be able to use the Services until you have downloaded and installed the latest version of the Services or hosting software and accepted any new terms. Some updates may not be available to certain device models. To use the Services, you may need to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with these updates/upgrades. You also understand and accept that (a) the device you use to access the Services will require certain software for the Services to function correctly, and it is your responsibility to ensure that you have the required up-to-date software, (b) the Services have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the Services meets your needs, and (c) you are responsible for obtaining the necessary data network access and device (including any associated costs or fees) to use the Services and any updates thereto. ProHomeFind.com does not guarantee that the Services will function on any particular network or device. Additionally, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Access to the Services may be suspended temporarily or terminated without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) if we reasonably suspect a breach of these Terms, (iv) for reasons reasonably beyond our control, (v) as otherwise explained in these Terms, or (vi) at our discretion.
Permitted Use and Restrictions
Subject to your compliance with all of these Terms, ProHomeFind.com grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited license (i.e., permission) to use the Services solely for your personal, non-commercial purposes. ProHomeFind.com reserves all other rights not granted in these Terms.
To use one of the Sites (shop.prohomefind.com/site) or the App, agents must register for and maintain an active personal user account ("Account"). You must be affiliated with ProHomeFind.com and at least 18 years of age to register for an Account. Unless otherwise permitted by ProHomeFind.com in writing, you may have only one Account.
Except as explained in these Terms or as permitted by applicable California law, you shall not (and shall not permit any third party to): (a) copy the Services except where such copying is incidental to normal use of the Services or necessary for backup purposes, (b) rent, lease, sub-license (i.e., grant anyone else permission to use the Services), loan, translate, merge, adapt, republish, post, display, distribute, vary, or modify the Services (or any part of them), (c) attempt to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Services, (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark, or other intellectual property notices, and (e) provide, sell, or otherwise make available the Services in whole or in part in any form to any person without our prior written consent.
You must not use (or permit a third party to use) the Services: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, such as by hacking into or inserting malicious code, including viruses or harmful data, into the Services or any operating system used by the Services, (ii) in a way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services, (iv) using a robot, spider, or other automated device, to monitor or copy the Services or any information provided by the Services (e.g., you will not access our data through automated or high-volume means, you will not scrape, harvest, or otherwise copy our data except as permitted in these Terms), (v) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms, or (vi) to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
Unless you are a ProHomeFind.com agent, broker, or franchisee, you agree not to contact the owner or seller of any property using information obtained through the Services. You will not attempt to enter the property or speak with an owner or seller without an appointment set by ProHomeFind.com.
As a seller, by using our Services, you authorize us to publish certain information about your real property on the Site to attract buyers and otherwise perform our Services.
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Security and Passwords
You are solely responsible for keeping your password and any other authentication information confidential and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the Services.
We have the right to disable any password or other authentication information whether chosen by you or allocated by us at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
Payments
If you choose to purchase online service or plan from us and/or make fees/payments due to us, you agree that, with your authorization, we may charge your credit card or other chosen payment method the amount selected by you, and you understand that all payments must be in U.S. dollars. ProHomeFind.com is not responsible for any transaction, overdraft, or currency exchange fees associated with your purchase. ProHomeFind.com uses authorized third parties for the purpose of processing your transactions, including fraud prevention, vendor direct shipping, and credit card authorization. By submitting your credit card to us or bank account information to your lending institution, you grant us the right to store and process your information with such third parties. You agree that ProHomeFind.com will not be responsible for any failures of such third parties to adequately protect your information. See also Third-Party Sites and Services below.
Products
The products displayed on the Services can be ordered and delivered only to account holders. All prices displayed on the Services are quoted in U.S. Dollars. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings on the Services, without notice, at any time.
Unless you are an authorized seller, all digital products sold by or received from ProHomeFind.com are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from ProHomeFind.com. ProHomeFind.com reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by ProHomeFind.com in its sole discretion.
Your Promises to Us
You promise to us that:
(a) You are authorized to agree to these Terms and you have not misrepresented yourself in any way.
(b) You are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a "terrorist supporting" country.
(c) You are not listed on any United States government list or prohibited or restricted parties.
(d) You assume the risk of any information submitted by you.
(e) You will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.
Fair Housing Act
We comply with the Federal Fair Housing Act. This law generally prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory preference based on any of the following protected categories: Race or Color, National Origin, Religion, Sex, Familial Status, or Disability. The Fair Housing Act provides additional protections and limited exceptions that are explained in publications from the U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice. State and local laws may apply as well. We will block or remove any listings that we are notified of that we reasonably believe may violate these laws. All submissions and use of the Services are subject to the federal and California fair housing laws which make it illegal to indicate in any advertisement "any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, familial status (e.g., "No children" or "Not suitable for Children"), sexual orientation, ancestry, marital status, or source of income (e.g., "No Section 8" is prohibited). Your local jurisdiction may impose additional requirements. Complaints alleging discrimination in housing may be filed with the nearest office of HUD, or by calling HUD's toll-free number, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).
User Content
Whenever you make use of a feature that allows you to upload or submit any content such as any text, photos, or other content via the Services ("User Content"), or to share any User Content with other users of the Services, you promise that any such User Content:
(a) Will not be defamatory, obscene, offensive, or otherwise objectionable.
(b) Will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party.
(c) Will comply with applicable laws and regulations, including any rules of a listing agency.
(d) Will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(e) Will not be likely to deceive any person.
(f) Will not be threatening, abusive, or cause annoyance, inconvenience, or needless anxiety.
(g) Will not be likely to harass, upset, embarrass, alarm, or annoy any other person.
(h) Will not impersonate any person or misrepresent your identity or affiliation with any person.
(i) Will not give the impression that it emanates from us, if this is not the case.
(j) Is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.
(k) Will not advocate, promote, or assist any unlawful act such as copyright infringement or computer misuse.
Although we may not actively monitor User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.
By submitting User Content through the Services, you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds), and including after your termination of the Service. For the avoidance of doubt, you agree that you are not entitled to any compensation or reimbursement of any kind from us in connection with the User Content under any circumstances. You give us permission to show your username, profile picture, and information about you to or in connection with the Services, ads, offers, etc., without any compensation to you.
For clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license of this Section shall apply to the same. You also hereby grant each user of the Service a non-exclusive, perpetual license to access your User Content through the Services and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content, including after your termination of the Services.
For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
The Services may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ProHomeFind.com, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ProHomeFind.com. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. We do not guarantee that any content you access on or through the Service is or will continue to be accurate.
Submissions
Any feedback, text, or suggestions you provide to us regarding the Sites, Services, or our products (“Submissions”), you acknowledge and agree that:
(i) Such Submissions will be considered non-confidential and non-proprietary.
(ii) We have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Sites or otherwise to third-parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights.
(iii) We may have something similar to the Submissions already under consideration or in development.
(iv) You are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.
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Privacy
These Terms also incorporate the terms of our privacy policy (as updated from time-to-time), which is available from within the Services and at https://www.prohomefind.com/privacy-policy (the “Privacy Policy”). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to:
(a) The processing of your personal information as explained in the Privacy Policy.
(b) The collection of information from your device as explained in the Privacy Policy.
You must always provide complete, accurate, up-to-date information to us in order to use the Services.
You acknowledge that canceling your Account alone does not delete your information from our servers. Nevertheless, you acknowledge that you are solely responsible for saving or otherwise backing up any data within the Services, and ProHomeFind.com is not responsible for any loss of data. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services.
Mobile Messaging Terms and Conditions
By agreeing to these Terms, using the Services, or reaching out to us, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries or marketing materials.
If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
In addition, ProHomeFind.com offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (for purposes of this Section, the “Agreement”). By opting-in to or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 21 (Dispute Resolution) below. This Agreement is limited to the Program and is not intended to modify other Terms or Privacy Policy that may govern the relationship between you and ProHomeFind.com in other contexts.
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Third-Party Sites and Services
The Services may contain links to or allow you to share content directly with other third-party services (e.g., recruiter websites, social media, etc.) (“Third-Party Services”). You acknowledge that we have no control over Third-Party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in Third-Party Services, and we have no association with their operators. Your use of Third-Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with all Third-Party Terms.
Notice for California Residents Pursuant to CA Civil Code Section 1789.3
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
Indemnity
You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Services (including products); (b) any content you submit to the Services; (c) your breach or violation of any of these Terms; or (d) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
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Warranty Disclaimer
WE PROVIDE THE SERVICES (INCLUDING PRODUCTS AND CONTENT) ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, UP-TO-DATE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the Services is accurate, complete, or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations, and other terms, which may apply to the Services, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of the rights of third parties with respect to the Services and all information and content included on the Services.
Any listing on the Sites may be changed, updated, withdrawn, modified, sold, or rented at any time without notice. Any furnishings or decorations shown are provided for illustrative purposes only. All square footage and dimensions, as well as commission estimates, are approximate. Before you act on or rely on any information you have found on the Sites, you should independently confirm any facts that are important to your decision, with, for example, an agent or professional architect or engineer. The information contained on the Sites is not intended to be comprehensive and may not be accurate, up-to-date, or applicable to any particular case. We accept no liability for any such inaccuracies.
No information or advice obtained through the Services, or any affirmation by us, by words or actions, shall constitute a warranty.
We only provide the Services for personal and private use. You agree not to use the Services for any commercial, business, or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
Limitation of Liability
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES (INCLUDING PRODUCTS AND CONTENT) OR YOUR INABILITY TO ACCESS OR USE THE SERVICES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICES OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF PROHOMEFIND.COM, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU RELY ON ANY INFORMATION AVAILABLE THROUGH THE SERVICES, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SUCH INFORMATION FROM THE SERVICES. Your sole remedy for dissatisfaction with the Services including, without limitation, content on the Services, is to stop using the Services. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Services or any links on the Services, as well as by reason of any information or advice received through or advertised in connection with the Services or any links on the Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Services.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Services or under these Terms whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the greater of: (i) One Hundred Dollars ($100), or (ii) the purchase price of the product from shop.prohomefind.com/site giving rise to the dispute. You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Services must be brought to us and must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PROHOMEFIND.COM’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON PROHOMEFIND.COM’S CHOICE OF LAW PROVISION SET FORTH BELOW.
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​Termination
We may terminate these Terms, deactivate your Account, and/or your permission to use the Services immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Services, or (c) we are prevented from providing the Services for any reason.
Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Services and/or your access to them at any time with or without notice to you: (i) if required by law, (ii) due to an event beyond our control, or (iii) as a result of changes or cancellations by any of our third-party providers.
On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Services), and (z) you acknowledge that we may restrict your access to the Services. Sections 8-13, and 16-23 will survive any termination or expiration of these Terms.
Communication Between Us
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
Dispute Resolution
Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and ProHomeFind.com agree that, except as otherwise provided below, the state and federal courts located in the County of Orange, California will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Sites and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, ProHomeFind.com shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
Binding Arbitration.
Arbitration Procedures. You and ProHomeFind.com agree that, except as provided in Section (d) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 21 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and ProHomeFind.com will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and ProHomeFind.com may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
Location. The arbitration will take place in Orange County, California unless the parties agree to video, phone, or internet connection appearances.
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Limitations. You and ProHomeFind.com agree that any arbitration shall be limited to the Claim between ProHomeFind.com and you individually. YOU AND PROHOMEFIND.COM AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration. You and ProHomeFind.com agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Excluded Dispute, (b) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
Severability. You and ProHomeFind.com agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable, then neither you nor ProHomeFind.com will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable, and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Orange, California, and you and ProHomeFind.com agree to submit to the personal jurisdiction of that court.
The App
Third-Party Software. The App may incorporate software owned or provided by third parties. If any such third-party software is subject to a separate third-party software license, distinct from these Terms, then the terms of that third-party license will govern such software independently of these Terms. All other third-party software included in or with the App will be governed by the terms of this Agreement, and you may use it only under these Terms. This Agreement does not intend to restrict your rights under, or grant rights or impose restrictions that override, the terms of any applicable open-source software license for such third-party software.
The App Store. If you obtain the App through a third-party app store or other software distribution platform, you may use the App solely on a mobile device or computer that you own or control and that operates the operating system provided by the third party. No such third party is a party to this Agreement. Your use of the App is also subject to any applicable terms of the third-party app store or distribution platform, as well as their privacy policies, and we are not liable for them.
Other Important Terms
We reserve the right to transfer our rights and obligations under these Terms to another organization, but such transfer will not affect your rights or our obligations under these Terms.
Our failure to enforce any provision of these Terms or to insist on your compliance with any obligation will not constitute a waiver of our rights. Any waiver by us of any default by you must be in writing.
Each provision of these Terms operates independently. If any provision is deemed unlawful or unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
Except as expressly stated in these Terms, no one other than you and us is intended to have any right or ability to enforce any provision of these Terms.
These Terms bind you, your heirs, executors, beneficiaries, successors, and assigns. You may not assign these Terms to any other party without our prior written consent. We may assign these Terms to any party without notice to you.
These Terms were last updated on March 8, 2024.
