Pro Teck Services Ltd. (“Pro Teck,” “we,” “us” or “our”) has created this website at www.proteckservices.com (the “Website” or the “Site“) to enable lenders and mortgage services providers to obtain residential real estate valuation services.
2. The Types Of Information You May Provide. Information you may provide or that we may collect from you while visiting our Site or while participating in our Services falls into two broad categories: (i) personally identifiable information, and (ii) anonymous information. We use the term “Personally Identifiable Information” to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, financial information, telephone number or any combination of information that could be used to identify you. “Anonymous Information” is information that does not identify you, and may include statistical information concerning, for example, your use of our Services, the features of the Website or pages on our Site that you visit most frequently.
3.1. Site Visitors May Only Provide Anonymous Information. As indicated above, you may use our Site without registering or submitting any information to us. In that case, the only information we collect from your visit will be Anonymous Information that does not identify you in any way. Our obligations concerning, and permitted uses of, Anonymous Information are set out below in Section 4 (Anonymous Information).
3.3. Email Addresses. You may wish to provide us with comments and feedback concerning our Site or our Services. By communicating with us for these purposes, you may provide us with your email address and other Personally Identifiable Information. In these instances, we use any information you provide to us for the purposes for which you submit the information.
3.4. Questionnaires and Surveys. Our Website may allow you to participate in surveys and/or questionnaires, which we may post on the Site from time to time. You are free to choose whether you participate in a survey or questionnaire. We may ask that, in addition to providing your responses, you also provide Personally Identifiable Information. In these instances, we use any information you provide to us for the purposes for which you submit the information. Survey and questionnaire information may be used for the purposes of monitoring or improving the use and appeal of this Site.
3.5. Listserv. You may choose to sign up for our listserv, in which we send you emails with information on news and events. In addition, if you are a Registered User or have previously provided Pro Teck with your e-mail address, we may choose to send news, bulletins, marketing materials, or other information, and will use Personally Identifiable Information to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 8 (Changing or Removing Information; Opting Out).
4. Anonymous Information. We use Anonymous Information to analyze the effectiveness of our Site, to improve our Website and our Services, and for other, similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users, and the use of our Website and Services, and may share Anonymous Information with third parties. Rest assured that Anonymous Information provided to third parties will not allow anyone to identify you. We may collect Anonymous Information through features of the software that supports our Website and our Services, through cookies, and through other means described below.
4.1. IP Addresses; Logs. Pro Teck may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer’s name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes. None of this data contains Personally Identifiable Information.
4.2. Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.
4.4. Click-Throughs. We may send email messages, which use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 8 (Changing or Removing Information; Opting Out).
6. We Do Not Disclose Site-Directed, Personally Identifiable Information to Unaffiliated Third Parties; Limited Exceptions. We will not disclose your Personally Identifiable Information to unaffiliated third parties without your express consent, except in the following limited circumstances:
6.1. Pro Teck Site Vendors. We may employ other companies to perform functions on our behalf, such as hosting or maintaining the Website and/or Website, providing services related to the Site and/or Services, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, “Site Vendors”). We will provide Site Vendors with only that information necessary to perform their functions, and we will prohibit them from using your Personally Identifiable Information for any other purpose.
6.3. Legal. Pro Teck will reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
7. Retention of Personally Identifiable Information. Our policy with regard to retention of Personally Identifiable Information is dependent upon whether you are a Site Visitor or a Registered User. If you are a Site Visitor, we will only retain Personally Identifiable Information that you have provided for as long as necessary to address the purpose for which you submitted the information. If you are a Registered User, we will retain your Personally Identifiable Information for as long as you continue to be a Registered User, unless you request that we delete the information in accordance with Section 8.3 (Deleting Information).
8. Changing or Removing Information; Opting Out.
8.1. Discretionary Account Information. To allow appropriate control over Personally Identifiable Information, you can view, change or update discretionary information that you have previously submitted either by emailing us at the e-mail address listed in Section 17 (Contact Us) below or accessing your account if you are a Registered User.
8.2. Opt-Out. If we choose to send you bulletins, updates, or other marketing-related materials, we will provide you with the ability to decline – or “opt out of” – receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to “opt out of” formal notices concerning operation of this Website, and legal and other related notices concerning your relationship to the Site.
8.3. Deleting Information. Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Website and any associated Services. You may not remove de-identified, anonymous, or aggregate data from our databases.
9. Third Party Personally Identifiable Information. To the extent that you provide Pro Teck with the Personally Identifiable Information of third parties, you represent and warrant that you have permission from such third parties to provide us with their Personally Identifiable Information so that we may provide our Website and our Services.
10. Security. We have put in place security systems designed to prevent unauthorized access to or disclosure of Personally Identifiable Information you provide to us, and we take all reasonable steps to secure and safeguard this Personal Information. Our Site’s password-protected section requires users to give us unique identifiers such as their user name and password. Pro Teck employees are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personally Identifiable Information. Moreover, we provide access to our databases containing Personally Identifiable Information on a need-to-know basis only.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided by or submitted to Pro Teck. Due to the nature of Internet communications and evolving technologies, we cannot provide, and expressly disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
11. Notice of Security Incident. If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information (an “Intrusion”), we will: (i) notify affected users of the Intrusion if the information at issue is sensitive, in our discretion, (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each affected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will under all circumstances comply with applicable law.
12. Participation by Children and Teens; Advisory. Due to federal law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR SITE AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. Please understand that we cannot necessarily tell if a user is providing us with his or her true age.
16. Further Resources. If you wish further information concerning privacy policies in general, you should visit the following site: http://www.ftc.gov/privacy/index.html.
19. Do Not Track Notice. Our Website does not change its behavior when receiving “Do Not Track” signals from browser software.
20. Copyright and Legal Notice. Copyright © Pro Teck Services, Ltd. All Rights Reserved.
Pro Teck Services Ltd. (“Pro Teck“) has created this website at www.proteckservices.com (collectively, the “Website” or the “Site”) to enable lenders and mortgage services providers to obtain residential real estate valuation services.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING OR REGISTERING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OUR WEBSITE OR REGISTER TO PARTICIPATE IN OUR SERVICES.
1. Your Agreement. These Terms govern: (i) your use of the Website; (ii) Registered Users’ receipt of, and participation in, Pro Teck’s services offered through the Website, including those set out in Section 2 (Our Services; Overview) (collectively, the “Services“); (iii) Registered Users’ provision of content, including, but not limited to, appraisal requests and valuation information (“User Content“); and (iv) your use of information obtained through or the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by Pro Teck or our licensors and made available to you through the Website or Services (collectively, the “Pro Teck Content“). Please read these Terms carefully; they impose legal obligations on you and on Pro Teck, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
While you can visit the Website and review a range of information about Pro Teck, our Website and our Services without registering, to participate in the Services, we require that you become a Registered User. Registered Users are required to confirm their agreement to be bound by these Terms during the registration process (and from time to time as we may require) by clicking an “I Accept” button.
2. Our Services; Overview. The Website is designed to enable lenders and mortgage services providers (each, a “Customer”) to obtain residential real estate valuation services. The valuation services are provided by agents, brokers, and appraisers (each, a “Vendor”) who have registered through the Website to be a part of Pro Teck’s Vendor network. Valuation results and associated documentation are submitted by Vendors via the Website and can be accessed by Customers. The Website provides three separate portals (each, a “Portal”) for Registered Users: (i) a “Vendor Portal” for Vendors to manage their profile and the assignments they undertake; (ii) a “Customer Portal” for Customers to manage their profile, submit assignments and view the results provided by Vendors; and (iii) an “Employee Portal” for Pro Teck employees. Each Registered User will only be granted access to the Portal that is appropriate for her or his relationship with Pro Teck, and only in accordance with Section 5.2 (Grant of Rights to Registered Users).
3. Obtaining a Password; Protecting Your Password.
3.1. Obtaining and Using a Password. Only Registered Users who have a valid password are authorized to access the password-protected areas of the Website. Registered Users must keep in mind that we will treat anyone who uses their user name and password as that user. We will provide this individual with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of a person using the Registered User’s password. We therefore recommend that Registered Users maintain their user name and password in confidence, and that they refrain from disclosing this information to anyone who might “pretend” to be that Registered User with respect to the Website and their participation in the Services. We also ask that Registered Users notify us immediately if they suspect that someone is using their user name and/or password in this or any other inappropriate manner.
4. Ownership; Reservation of Rights. The Website, Services, and associated Pro Teck Content are the proprietary property of Pro Teck and our licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Pro Teck and our licensors retain all rights with respect to the Site, Services and Pro Teck Content except those expressly granted to you in these Terms.
5. Grant of Rights to Site Visitors and Registered Users.
5.1. Grant of Rights to Site Visitors. As a Site Visitor, subject to your compliance with these Terms, you are granted the right to access our Website solely for your personal, non-commercial use. You may not (i) access, view, modify or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Website, Pro Teck Content or Services without our express permission.
5.2. Grant of Rights to Registered Users. As a Registered User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for your personal or your Organization’s use of the Services, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website or the Services to any third party; (ii) modify or make derivative works based upon the Website or Services; or (iii) reverse engineer, reverse compile, or access the Website or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our Website for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Website, Pro Teck Content or Services.
5.3. Duration of Rights for Registered Users. As a Registered User, you will continue to enjoy your rights under Section 5.2 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless your password is revoked or suspended, as set out in Section 10 (Monitoring; Revocation or Suspension of Use Privileges).
6. Registered User Grant of Rights.
6.1. Grant of Rights to Pro Teck in User Content. By submitting User Content for participation in our Services, you grant Pro Teck the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of providing our Services. Unless otherwise expressly provided in a separate written agreement, no compensation will be paid with respect to Pro Teck’s use of your User Content.
6.2. Registered User Comments/Feedback. Our Website may allow Registered Users to provide comments or feedback regarding our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services.
6.3. Rights/Permissions You Must Have in Your User Content. In submitting User Content, you represent and warrant that you have sufficient authority and rights to post such User Content, and to provide the grant of rights to us.
8. Code of Conduct. As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
• Upload, email or otherwise transmit any images or other User Content that are unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.
• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
• Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.
• Transmit materials that contain any viruses, Trojan horses, worms, logic bombs, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
• Use the Website in a manner that could disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website and Services, such as through sending “spam.”
• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
• Seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Website.
• Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
10. Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites“). Pro Teck has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Pro Teck does not endorse the content of any Linked Site, nor does Pro Teck warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
11. User Disputes. If you have a dispute with one or more Registered Users (including, but not limited to, other Vendors and Customers), you release Pro Teck (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
12. Warranty Disclaimer. PRO TECK DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. PRO TECK DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE PRO TECK WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
PRO TECK DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE PRO TECK WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PRO TECK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, SERVICES AND PRO TECK CONTENT.
14. Indemnity. You agree to defend, indemnify and hold Pro Teck and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
15. Contact for Alleged Copyright Infringement. Pro Teck respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please contact us at: firstname.lastname@example.org
16. Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.
17. Assignment. These Terms shall not be assignable by you, either in whole or in part. Pro Teck reserves the right to assign its rights and obligations under these Terms.
19. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 7 (Electronic Communications); (iii) Section 11 (User Disputes); (iv) Section 12 (Warranty Disclaimer); (v) Section 13 (Limitation of Liability); (vi) Section 14 (Indemnity); (vii) Section 17 (Assignment); (viii) Section 18 (General); and (ix) Section 19 (Survival).
21. Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with Pro Teck, please contact us at: email@example.com.
22. Effective Date. The effective date of these Terms is March 1, 2016.
23. Copyright and Legal Notice. Copyright © 2016 Pro Teck Services Ltd. All Rights Reserved.