ProConnect™ Terms of Use

Last Updated: February 23, 2021

1. What are my Requirements as a User of this Website?

Your (“Your” or “You”) use of this website is governed by the terms and conditions set forth below (the “Terms of Use”).  Please read them carefully.  By using this website, You agree to comply with and to be bound by these Terms of Use.  If You do not agree to these Terms of Use, You may not use this website and should exit from it now.  ProConnect Home Solutions, Inc., which owns and operates this website, on behalf of itself and its parents, affiliates, and subsidiaries (collectively, “ProConnect,” “Company,” “We”, Us” and “Our”), reserves the right to change this website and these Terms of Use at any time without notice to You by posting such changes to this website. 

2. What Usage Restrictions Apply?

You may not copy, distribute, or transmit any of the content of this website without Our prior written consent.  You may, however, make one copy of any material on this website for personal, non-commercial use (including ensuring compliance with these Terms of Use), provided that You neither modify nor alter the material in any way, nor delete or change any copyright or trademark notice.  We reserve complete title and full intellectual property rights for materials copied from this website.  We provide the content of this website for lawful purposes only.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website. We reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of this website, or any other systems or networks connected to this website or to any of Our servers, or to any of the services offered on or through this website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of this website or any network connected to this website, nor breach the security or authentication measures on this website or any network connected to this website.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any transaction being conducted on this website, or with any other person’s use of this website.

You may not use this website or any of its content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes Our rights or the rights of others.

We cannot and do not guarantee or warrant that files made available for downloading through this website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.  By accessing this website, You acknowledge and agree that it is Your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through this website are free from such contamination.

3. Are There Links to Other Sites?

This website contains links to third-party websites.  These links are provided solely as a convenience to You and not as an endorsement by Us of the companies or the content of any linked third-party websites.  We do not control nor are We responsible for the content of linked third-party websites, and We make no representations regarding the content or accuracy of materials on the linked third-party websites.  If You access any linked third-party websites, then You do so at Your own risk.

4. How Do Privacy and Protection of Personal Information Work?

We are committed to protecting Your privacy and security.  For more information, You should review Our Privacy Policy, which is incorporated into these Terms of Use by reference.  Additionally, by using this website, You acknowledge and agree that Internet transmissions are never completely private or secure.  You understand that any message or information You send to this website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

5. Are there Accounts, Profiles, Passwords and Security on this Site?

Certain features or services offered on or through this website may require You to open an account (including setting up a username and password) or create a profile.  You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of You failing to keep this information secure and confidential.  You agree to notify Us immediately of any unauthorized use of Your account or password, or any other breach of security.  You may be held liable for losses incurred by Us or any other user of or visitor to this website due to someone else using Your username, password or account as a result of Your failing to keep Your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account.  We cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

6. What Do I Need to Know about Trademarks?

ProConnect™ and certain other trademarks used on this website are trademarks or registered trademarks of ProConnect or its affiliates.  Absent a written license agreement, You may not use these trademarks or any other trademarks belonging to ProConnect or its affiliates except for descriptive purposes.  Other trademarks used on this website are the property of their respective owners and are used in this website solely for descriptive purposes.  Mention on this website of trademarks held by other parties should not be construed as a challenge to such trademarks’ status or ownership.

7. What Do I Need to Know about Copyrights?

The entire contents of this website, including but not limited to: text, graphics, logos, button icons, videos, images, audio clips, digital downloads, data compilations and software, are the property of ProConnect, its content suppliers, affiliates or its clients and are protected by domestic and international trade dress, patent, copyright and trademark laws and various other intellectual property rights and unfair competition laws.  You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any portion of the website contents without Our prior express written consent.

Your submissions of files, including, but not limited to: resumes, email, videos, images, logos, audio loops and other software hereby constitutes Your agreement to grant Us a nonexclusive, royalty-free, worldwide, sublicensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense and publicly display any such submissions.  You also grant Us the right to utilize Your name in connection with all advertising, marketing and promotional materials related thereto.

8. Is International Use an Issue?

Given the global nature of the Internet, You agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement.  Additionally, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

9. Does ProConnect Provide Any Warranty?

WE PROVIDE THIS WEBSITE AND ITS CONTENT “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY.  WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE, ANY CONTENT FROM THIS WEBSITE, OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS.  YOUR  USE OF THIS WEBSITE IS AT YOUR  OWN RISK.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

10. What Limitations of Liability and Indemnifications Apply?

IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU.  IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THIS WEBSITE.

You agree to indemnify, defend and hold harmless Company, its parent, affiliates, shareholders, agents, licensors, suppliers, and any third-party information provider to this website, together with their officers, directors, owners, partners and employees, from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from: (a) any violation of these Terms of Use (including negligent or wrongful conduct) by You; or (b) Your use and access of this website.

11. What if I Violate these Terms of Use?

You agree that we, in Our sole discretion and without prior notice, may terminate Your access to this website and/or block Your future access to this website if We determine that You have violated these Terms of Use or other agreements or guidelines which may be associated with Your use of this website.  You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and You consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies We may have at law or in equity.

You agree that we, in Our sole discretion and without prior notice, may terminate Your access to this website for cause, which includes: (1) requests by law enforcement or other government agencies, (2) a request by You (self-initiated account deletions), (3) discontinuance or material modification of this website or any service offered on or through this website, or (4) unexpected technical issues or problems.

12. Are disputes subject to mandatory arbitration and class waiver?

MANDATORY ARBITRATION AND CLASS ACTION WAIVER.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR  LEGAL RIGHTS AND GOVERNS HOW YOU AND THE COMPANY CAN BRING CLAIMS AGAINST EACH OTHER.  THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND THE COMPANY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Any dispute or claim relating in any way to Your use of this website or its content which cannot be settled by mutual agreement of the parties will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify.  The Federal Arbitration Act and federal arbitration law apply to this Agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to ProConnect Home Solutions, Inc., 150 Peabody Place, Suite 300, Memphis, TN 38103, Attention: Legal Department.  The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes (the “AAA’s Rules”).  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.  We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  Likewise, We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the state where You live, or at another mutually agreed location.

You and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action lawsuit, class-wide arbitration, or any other consolidated or representative action.  If for any reason a claim proceeds in court rather than in arbitration, You and the Company each waive any right to a jury trial.  You and the Company also both agree that the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Notwithstanding any other provision of this Agreement or the AAA’s Rules, to the fullest extent allowed by law: (A) You and the Company agree not to bring a representative action on behalf of others under the California Private Attorneys General Act of 2004 (as amended, “PAGA”), or the California Labor Code § 2698 et seq., in any court or in arbitration, and (B) for any claim brought on a private attorney general basis, including under PAGA, both You and the Company agree that any such claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether You have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”).  Notwithstanding any other provision of this Agreement or the AAA’s Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this Representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION.

Subject to the application of the Federal Arbitration Act as described in this Section 12, these Terms of Use shall be governed by, and will be construed under, the laws of the State of Tennessee, without regard to choice-of-law principles.  This choice-of-law provision is only intended to specify the use of Tennessee law to interpret this Agreement and is not intended to create any substantive right to non-Tennesseans to assert claims under Tennessee law whether by statute, common law, or otherwise.

13. Are there Any Additional Terms?

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.  We may assign Our rights and duties under these Terms of Use to any party at any time without notice to You.  If any of these terms shall be deemed invalid, void or, for any reason, unenforceable, that term shall be deemed severable and shall not affect the validity or enforceability of any remaining term.  Any rights not expressly granted herein are reserved.

14. Entire Agreement

These Terms of Use constitute the entire agreement between You and Us regarding this website.  These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Us regarding this website.  No modification of these Terms of Use will be effective unless We authorize it.

15. Contact Address

ProConnect Home Solutions, Inc.
150 Peabody Place 
Suite 300 
Memphis, TN 38103 
Attn: General Counsel