Effective Date: March 12, 2019
Last Updated: April 2, 2019
ProHub Terms and Conditions of Use
Welcome to ProHub. ProHub LLC (“ProHub”, “Company”, “us” or “we”) connects individual consumers with contractors that provide home improvement and residential services (each referred to herein as “you”) through the ProHub online website located at www.theprohubapp.com, its related mobile application(s), and other related websites and services (together, the “Services”), including features, functionalities, content, and customer services offered through such Services.The Company owns and operates all of the Services. The Services do not include services actually performed by professionals and contractors engaged by consumers through the ProHub Services.
I. Termination Of Access
- “Affiliates” refers to any entity that is controls, is controlled by, or under common control with the Company.
- “Consumer” means a User who is seeking services of a Contractor.
- “Content” includes all Text, Graphics, Design and Programming used on the Site.
- “Contractor” means a User who offers home improvement and residential services through the ProHub Services.
- “Graphics” includes all logos, buttons, and other graphical elements, including the color combinations and the page layouts of the online and mobile Services, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
- “Text” includes all text on every page of the online and mobile Services, whether editorial, navigational, or instructional.
- “your use of the Services” includes, without limitation, any acts or omissions by Users or Company resulting from Users accessing or utilizing the Services.
III. Use Of ProHub Services
Prior to using and accessing certain interactive features of the Services, you are required to create a new account or login as a registered user. Only individuals who are 18 years and older and who can form legally binding contracts under applicable law may register for an account with ProHub. Upon registration, you will be asked to provide your name, email address, and mobile number. You will then be asked to create a password for your login account, which will be set up with your email as your username. You may also be offered the opportunity to submit additional information, such as a profile image. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information, and you represent and warrant that you are at least 18 years old. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time on your profile page.
You must keep your account information up-to-date and accurate at all times, including a valid email address and mobile number. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. You agree to protect your username and password by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Services by the party using your account, and agree to indemnify the Company against any loss or damages suffered as a result thereof. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions.
All subscription sales are binding and non-refundable for each subscription period that you subscribe to or renew, as applicable. All services ordered by Consumers from Contractors are exclusively contractual arrangements between such Users. Each party involved in such private arrangements are responsible for their respective obligations relating to performance, insurance, fees, and taxes. All subscription fees and purchased downloads of the Services are paid by you through a third-party application marketplace.
As permissible by applicable law, in the event you incur any losses, damages, costs or expenses as a result of your or another person’s order from a Contractor or relying on any information or content provided by a Contractor or through ProHub Services, you agree that you will not file any claims, actions or other proceedings against Company or any of its Affiliates or join Company or any of its Affiliates as a co-defendant in any such claims, actions or other proceedings.
User Submitted Content
Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information. User submitted content, in addition to the other restrictions set forth herein:
- may not contain URLs or links to any Internet Web sites;
- may not contain unsolicited commercial solicitations;
- may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
- may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you; and
- may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age.
Additionally, you grant Company a nonexclusive, worldwide, royalty-free, perpetual, paid-up, irrevocable right to exercise all copyright, trademark rights, and rights of publicity over any and all content you submit to Company in any existing or future media, known or unknown, now or at any later date, including through your use or access to the Services. User represents and warrants that User owns or otherwise controls all of the rights to the content it submits to Company and that the use of such materials by Company will not infringe upon or violate the rights of any third-party.
IV. Acceptable Use Of ProHub
The Services are intended to facilitate communications and connections between Consumers and Contractors through one centralized platform. Consumers will have the ability to review other Consumer reviews about Contractors, select Contractors to contact, and coordinate various Contractors for performing home improvement and residential services in order to meet their needs. Contractors have access to a supply of Consumers through the ProHub Services. The Services may be used in a manner consistent with this purpose, and only within the context of being an end user for personal use. Without expanding the limited purpose above, Users may not use or access the Services for purposes of engaging in a business competitive with ProHub Services or for purposes of performing market analysis for new or existing businesses that provider services similar to or competitive with the Services.
You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with the Services any material that is unlawful or for illegal activity. You agree not to use the Services to do any of the following:
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit, submit, share or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit, submit, share or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit, submit, share or otherwise make available information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
- upload, post, email, transmit, submit, share or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, including any SMS texts, emails, or other communications with a third party, including any other User and you may not collect or use any other User’s information for the purpose of solicitation or sending general offers, marketing material, information, promotions, or advertisements;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept, download or transmit unauthorized data;
- use the Services, or other activities to “stalk” or otherwise harass or harm another, or improperly access another’s information;
- advocate illegal activity or an intention to commit an illegal act;
- impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
- advertise or otherwise engage in any commercial endeavor without Company’s explicit, written permission, provided, however, that Contractors may perform their services to Consumers;
- use the Services in any manner that could damage, disable, overburden, or impair any Company server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Services or interfere with any other party’s use and enjoyment of the Services;
- attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to any Company server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
- intentionally or unintentionally violate any applicable local, state, national or international law; and
- provide or attempt to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
V. Intellectual Property Rights
ProHub appreciates your feedback and reviews regarding the Services and experiences with other Users through the Services in addition to your experience with the receipt or delivery of services directly to Users. All feedback relating to improvements, ideas, suggestions, and other materials of any kind or nature will be the exclusive property of ProHub. If you do not wish to provide ProHub with exclusive ownership of such feedback, please refrain from submitting it to ProHub. Your feedback is not subject to any confidentiality obligation of ProHub. To the extent Company does not retain such ownership in the feedback due to applicable law, then you hereby grant to Company an exclusive, worldwide, irrevocable, perpetual, paid-up, royalty-free, sublicensable, and transferable right and license to use and exploit such feedback for any purpose.
VI. Monitoring Of Information
VII. Procedure for Making and Responding To Claims of Copyright Infringement
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to ProHub’s designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible through the Services, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Services, that are claimed to have been infringed; (3) 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 Company to locate the material; (4) information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) 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.
The Designated Agent for notice of claims of copyright infringement can be reached as follows:
145 Newark Pompton Turnpike
Pequannock, NJ 07440
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
VIII. Information You Provide to Company via ProHub
If you choose to provide any personal information via the Services, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Services, as described in our Privacy Notice.
In order to facilitate communications between you and Company, the Services offer you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. Company shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
IX. Disclaimer of Warranties & Limitations of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Services. Your use of the Services, and the obligations and liabilities of us in respect of your use of the Services, is expressly limited as follows:
Notwithstanding the presentation of, or links to, any third-party information or website on the Services, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Services. Access to third-party websites from the Services is done at your own risk. We do not warranty any opportunities found through the Services or through third-parties that advertise with the Services or are purchased in reliance on information obtained from the Services. Company makes no representations or warranties regarding any opportunities found via the Services. Any such opportunities and information are provided “as is”, except to the extent otherwise set forth in a license or sale agreement entered into in writing between you and Company or with respect to warranties that may be provided by the provider of the opportunity, if any.
Disclaimer of Endorsement and Liability
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR USE OR PURPOSE. Your use of THE SERVICES and reliance on any RELATED content is at your own risk.PROHUB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD-PARTY PRODUCTS OR SERVICES THAT ARE OFFERED, marketed, or advertise through THE PROHUB SERVICES. REPRESENTATIONS AND WARRANTIES REGARDING THIRD-PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE PROHUB SERVICES, IF ANY, ARE MADE SOLELY BY THE THIRD-PARTY OFFERORS OR CONTRACTORS OFFERING OR PROVIDING SUCH PRODUCTS OR SERVICES.
PROHUB does not warrant that the functions or content contained in THE SERVICES will be uninterrupted, Accurate or error-free. You and not PROHUB assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of THE SERVICES or its content. PROHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THE SERVICES RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE SERVICES MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND PROHUB MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME with or without notice.
NEITHER PROHUB NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SERVICES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PROHUB AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROHUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES. EXCEPT AS OTHERWISE PROVIDED HEREIN, A USER MAY SEEK LEGAL OR REMEDIAL ACTION DIRECTLY FROM ANOTHER USER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF PROHUB TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH PROHUB SHALL BE LIABLE SHALL BE LIMITED TO THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE.
Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of the Services, (2) the purchase of or use by you of any products or services purchased in connection with or resulting from your use of the Services, or (3) the use of any information accessed by you from the Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
X. General Information
Choice of Law; Jurisdiction; Venue. Your use of the Services and any dispute arising out of or in connection with the Services shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws provisions. By accessing or using the Services, you agree that any action or proceeding arising out of or in connection with the Services shall be brought solely in a court of competent jurisdiction sitting in the State of New Jersey. You agree to submit to the personal and exclusive jurisdiction of the courts located in New Jersey. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Viruses and Transmission of Sensitive Information
Company cannot and does not guarantee or warrant that the materials contained on or through the Services will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Company does not assume any responsibility or risk for your use of the Internet, nor does Company assume any responsibility for any products or services of, or hyperlinks to, third-parties.
Consumer Rights Notice to California Users
Under California Civil Code Section 1789.3, California Users are entitled to a consumer rights notice. The Services are provided by ProHub, 145 Newark Pompton Turnpike, Pequannock, NJ 07440. If You have any questions, concerns, or complaints regarding the Services, please contact ProHub LLC by sending either: (i) an email to firstname.lastname@example.org; or (ii) a letter, first class certified mail, to ProHub, 145 Newark Pompton Turnpike, Pequannock, NJ 07440, Attn: Customer Services.California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Survival of Terms