WEBSITE TERMS OF USE
Last updated December, 2024
1. Introduction
These Website Terms of Use, together with Proactive House’s Privacy Policy 1 , set forth the terms and
conditions (“Terms”) that apply to your access and use of the Proactive House website, located at
https://qwc.oef.mybluehost.me/website_8779be76/ (“Site”). “Proactive House” includes Proactive House, LLC (d/b/a Proactive
House) and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The
Proactive House services may include, but are not limited to professional organizing, Feng Shui
consulting, family constellation and move management (collectively, the “Services”).
By using or accessing the Site you agree to these Terms, as updated from time to time in accordance
with Section 15 below. Because Proactive House provides a wide range of services, we may at times ask
you to review and accept supplemental terms that apply to your interaction with a specific service.
2. Use of Site
To use the Site, you must (A) be at least eighteen (18) years of age; (B) have not previously been
suspended or removed from the Site; and (C) use the Site in compliance with any and all applicable laws
and regulations.
3. Prohibited Conduct
You agree not to:
A. Use the Site for any illegal purpose, or in violation of any local, state, national, or
international law;
B. Violate or encourage others to violate the rights of Proactive House or any third parties,
including intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or
that a reasonable person could deem to be objectionable, profane, indecent, pornographic,
harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere in any way with security-related features of the Site;
E. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making
unsolicited offers or advertisements to other users, or attempting to collect personal
information about users or third parties without their consent;
F. Access, monitor, or copy any content or information of the Site using any robot, spider,
scraper, or other automated means or any manual process for any purpose without
Proactive House’s express written permission; or
G. Perform any fraudulent activity, including impersonating any person or entity, claiming false
affiliations, or falsifying your identity or any information about you, including age or date of
birth.
4. Electronic Communications, Alerts, Notifications
As part of the Site, you may receive notifications, alerts, emails, or other types of electronic
communications regarding the Site. You acknowledge and agree that you may receive communications
from us electronically, such as via e-mail or text message or through notices and messages on our Site.
You agree that all agreements, notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing. Additionally, we
may use third party vendors to communicate with you. To the extent you have any questions, please
refer to their terms of use.
5. Third-Party Content
The Site may contain links to third-party websites and services. Proactive House provides such links as a
convenience, and does not control or endorse these websites and services. You acknowledge and agree
that Proactive House has not reviewed the content, advertising, products, services, or other materials
that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or
appropriateness of any such content. Proactive House shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any
such third-party websites or services.
6. Intellectual Property
You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you
submit to Proactive House through this Site. This Site is protected by applicable copyright and other
intellectual property laws, and no materials from the Site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks
and service marks on the Site belong to Proactive House, except third-party trademarks or service
marks, which are the property of their respective owners.
7. Indemnification
You agree that you will be personally responsible for your use of the Site, and you agree to defend,
indemnify, and hold harmless Proactive House from and against any and all claims, liabilities, damages,
losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way
connected with (A) your access to, use of, or alleged use of the Site; (B) your violation of the Terms or any applicable law or regulation; (C) your violation of any third party right, including without limitation
any intellectual property right, publicity, confidentiality, property, or privacy right; or (D) any disputes or
issues between you and any third party. Proactive House reserves the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with our defense of such claim.
8. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information
purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such information by you or any other visitor to the
Site, or by anyone who may be informed of any of the Site’s contents.
9. Termination
If you violate these Terms, your permission to use the Site will automatically terminate. In addition,
Proactive House, in its sole discretion, may suspend or terminate some or all of your access to the Site at
any time, with or without notice to you.
10. Modification of the Terms
Proactive House reserves the right at any time to modify these Terms and to impose new or additional
terms or conditions on your use of the Site. Such modifications and additional terms and conditions will
be effective immediately upon notice and incorporated into these Terms. We will make reasonable
efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a
notice to our website or by sending an email to any address you may have provided to us. Your
continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.
11. Disclaims of Warranties
The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind,
either express or implied. Although Proactive House seeks to maintain safe, secure, accurate, and well-
functioning services, we cannot guarantee the continuous operation of or access to our Site, and there
may at times be inadvertent technical or factual errors or inaccuracies. Proactive House specifically (but
without limitation) disclaims (A) any implied warranties of merchantability, fitness for a particular
purpose, quiet enjoyment, or non-infringement; and (B) any warranties arising out of course-of-dealing,
usage, or trade. You assume all risk for any and all damages that may result from your use of or access
to the Site. Proactive House does not guarantee the accuracy of, and disclaims all liability for, any errors
or other inaccuracies in the information, content, recommendations, and materials made available
through the Site.
12. Limitation of Liability
In no event will Proactive House be liable to you for any incidental, special, consequential, direct,
indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute,
or any other legal theory, whether or not Proactive House has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain
circumstances. Accordingly, some of the above limitations may not apply to you.
13. Governing Law; Dispute Resolution
These Terms are governed by the laws of the United States and the State of New York, without regard to
conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you
and Proactive House agree to submit to the exclusive personal jurisdiction of the state courts and
federal courts located within Queens County, New York, for the purpose of litigating any such disputes.
14. Geographic Restrictions
We provide the Site for use only by persons located in the United States. We make no claims that the
Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by
certain persons or in certain countries. If you access the Site from outside the United States, you do so
on your own initiative and are responsible for compliance with local laws.
15. Modification of the Site
Proactive House reserves the right to modify or discontinue, temporarily or permanently, some or all of
the Site at any time without any notice or further obligation to you. You agree that Proactive House will
not be liable to you or to any third party for any modification, suspension, or discontinuance of any of
the Site.
16. General
A. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and
exclusive understanding and agreement between you and Proactive House regarding your
use of and access to the Site, and except as expressly permitted above may only be
amended by a written agreement signed by authorized representatives of the parties.
B. No Waiver. The failure to require performance of any provision shall not affect our right to
require performance at any time thereafter, nor shall a waiver of any breach or default of
the Terms constitute a waiver of any subsequent breach or default or a waiver of the
provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and
shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable,
the unenforceable part shall be given effect to the greatest extent possible and the
remaining parts will remain in full force and effect.
PRIVACY POLICY
Last updated December, 2024
1. Introduction
Proactive House, LLC (d/b/a Proactive House) (“Proactive House,” “we” or “us”) recognizes the
importance of, and is committed to, maintaining the privacy of personal information that it receives
relating to individuals. This privacy policy (“Privacy Policy”) governs how Proactive House collects,
processes, and uses Personal Information (as defined below) relating to the users and visitors
(collectively, “you”) of this website, and any other related websites (collectively, the “Site”) and your
rights with respect to your Personal Information. The Site and any services provided by Proactive House
are collectively referred to as the “Services.”
Your use of the Services is subject to this Privacy Policy, which is incorporated into our Terms of Use 1 . By
using the Services, you agree to this Privacy Policy, which may be updated by us at any time. You should
review this Privacy Policy carefully. If you do not agree with it, you may not use the Services. By using
the Services, you confirm that you understand and agree with the provisions of this Privacy Policy.
Please note that if you do not provide certain Personal Information to Proactive House when requested,
we may not be able to provide you with access to all areas of the Services.
This Privacy Policy applies only to the Personal Information that we may collect through the Services
and does not concern any third-party website, mobile application or devices to which the Services may
link or connect.
2. Definitions
A. “Personal Information” means any information that identifies, could be used to identify or is
otherwise associated with an individual person, which is in the possession of, or is likely to come
into our possession (or the possession of our representatives or service providers), and includes
the definition of “personal Information,” “personal data,” and similar terms under applicable
laws and regulations relating to data protection and privacy.
3. Our Collection and Sources of Personal Information
We may collect the categories of Personal Information listed below from or about you in connection
with your access and/or use of the Services.
A. Communications Data. We may collect Personal Information that you provide when you contact
us for any reason, such as to express an interest in obtaining additional information about the
Services, or direct questions or concerns about our Services to us.
B. Registration and Profile Information. We may collect Personal Information that you provide
when you register to use our Services or update your profile, such as your name, email address,
home or office address, your title, company, familial status, health condition and other profile
information you provide.
C. Information Collected by Cookies. Our Services may use cookies to collect information about the
services that you use and how you use them, which may include device-specific information,
data about your navigation throughout our Site and other technical and browsing preferences
such as your location and entry point to the Site. We may use both Session Cookies and
Persistent Cookies. A Session Cookie disappears after you close your browser. A Persistent
Cookie remains after you close your browser and may be used by your browser on subsequent
visits to the Services. Persistent Cookies can be removed. Please review your web browser’s
“Help” file to learn the proper way to modify your cookie settings.
D. Technical Information. We may automatically receive and record technical information from
your computer, web browser and/or mobile device, such as your IP address or other device
address or ID, web browser and/or device type, hardware and software settings and
configurations, the web pages or sites that you visit just before or just after visiting the Site, the
pages you view on the Site, your actions on the Site and the dates and times that you visit,
access or use the Site. This includes information about how you use and navigate the Site, such
as which links you click on, which pages or content you view and for how long and other similar
information and statistics about your interactions with the Site (together, “Usage Data”).
E. Payment Information. If you choose to use a Service, a third-party vendor may collect payment
information on our behalf. We utilize the services of Quickbooks, Zelle and Venmo to collect and
process your payment and we may gain access to certain information about your method of
payment, such as your name, email address, billing address, and your credit card number.
3. Our Use of Personal Information
A. Your Personal Information may be collected, stored, disclosed and processed by Proactive
House for the following purposes:
i. To operate, maintain, enhance, and provide all of the features of the Services;
ii. To personalize the Services, such as remembering your information so that you will
not have to re-enter it during your visit or the next time you visit the Site;
iii. To understand and analyze the usage trends and preferences of our users, to analyze
and report on the traffic, marketing and usage trends of the Services, to improve
Services, and to create new features and functionality;
iv. For ongoing review and improvement of the information, content and Services
provided to ensure it is user friendly;
v. To conduct analysis required to detect malicious data and understand how this may affect your IT system;
vi. For in-depth threat analysis, to prevent any potential disruptions such as cyber-
attacks, and for statistical monitoring and analysis of current attacks on devices and
systems for the on-going adaption of the solutions provided to secure systems and
devices against current attacks;
vii. To provide you with our products and Services and to allow you to use and access
functionality provided by the Services;
viii. To inform you about news and information relating to our business and Services
(generally, you can opt-out of receiving promotional communications through links
provided in the messages or by contacting us directly using the contact information
provided below in Section 9);
ix. To understand your needs and interests and respond to inquiries and/or other
requests or questions;
x. To detect, investigate and prevent fraud and other crimes or malpractice, and to
improve fraud detection and information security;
xi. For the purpose of, or in connection with, any legal proceedings (including
prospective legal proceedings), and to obtain legal advice or to establish, exercise or
defend our legal rights;
xii. To confirm and verify your identity and to conduct due diligence;
xiii. For the management and administration of our business, and to comply with our
contractual obligations; and xiv. For all purposes otherwise set out in this Privacy Policy.
B. If you are located in a jurisdiction which requires us to obtain your consent to collect, use, store,
process and disclose your Personal Information, you understand that by accepting the terms of
this Privacy Policy you expressly provide your consent to us collecting, using, storing, processing
and disclosing your Personal Information as set out in this Privacy Policy.
4. Our Disclosure of Personal Information
Proactive House does not share Personal Information with unaffiliated third parties except when we
have your permission, as required by law, and/or under the following circumstances:
A. We work with third-party service providers to provide website development, hosting, data
storage, maintenance, and other services for us. To the extent it is necessary for these third-
party service providers to complete their contractual obligations to us, these third parties may
have access to or process information about you.
B. We may partner with certain third parties to collect information regarding your use of our
Services in order to improve our maintenance and support. These third parties may also engage
in analysis, auditing, research, and reporting and may use web logs or web beacons, and they
may set and access cookies on your computer or other device. If you prefer to prevent third
parties from setting and accessing cookies on your computer, you may set your browser to block
cookies. Please note that certain aspects of our Services may not work correctly if you block
cookies. Any third-party plugins and components are governed by the privacy policy of the
company providing them (and not this Privacy Policy), so we advise you to read their privacy
statements.
C. In some cases, in order to provide the products and services available through and/or in
connection with the Services, we provide information about you to trusted partners who work
on behalf of or with us under confidentiality agreements.
D. We may partner with third parties to manage our advertising on other websites. Our third-party
partners may use tracking technologies to gather information about your activities on our Site
and other websites to provide you with advertising based on your browsing activities and
interests.
E. We may share information about you to protect Proactive House, customers and others such as
to enforce our agreements, policies and terms of use.
F. We may share information about you in response to subpoenas, court orders or legal process, or
to establish or exercise our legal rights or defend against legal claims.
G. We may share information about you in order to investigate, prevent or take action regarding
illegal activities, suspected fraud, situations involving potential threats to the physical safety of
any person or as otherwise required by law.
H. In the event of a corporate transaction, such as a merger, divestiture, restructuring,
reorganization, dissolution or other sale or transfer of any or all of our assets or liabilities, some
of the Personal Information that we hold may be among the assets or liabilities transferred to a
buyer or other successor. We may also transfer Personal Information to another entity or its
affiliates or service providers in connection with, or during negotiations of, any merger,
acquisition, sale of assets or liabilities or any line of business, change in ownership control,
financing transaction, or in the unlikely event of a bankruptcy.
5. Your Rights
Depending on the jurisdiction in which you reside, you may have legal rights in relation to your Personal
Information. These rights may include:
A. Declining to share certain information with us (in which case we may not be able to provide to
you some of the features and functionality of the Services);
B. Requesting and obtaining information regarding how we may use your Personal Information;
C. In some circumstances, requesting and receiving some Personal Information about you that you
have provided to us;
D. In some circumstances, requesting that we correct your Personal Information if it is inaccurate
or incomplete;
E. In some circumstances, requesting that we erase your Personal Information (but please note
that there may be circumstances where we are legally entitled to retain Personal Information
regardless of any such request);
F. In some circumstances, requesting that we restrict or block our processing of your Personal
Information (again, there may be circumstances where we are legally entitled to refuse that
request); and
G. Where applicable, the right to lodge a complaint with the data protection regulator in your
jurisdiction if you think that any of your rights have been infringed by us.
You can inquire about your rights by contacting us using the details listed below in Section 9.
6. How We Protect Your Information
A. Data Security. We maintain physical, technical and administrative safeguards designed to
protect the integrity and security of your information. We cannot, however, ensure or warrant
the security of any information you transmit to us through the Services and you do so at your
own risk. We also cannot guarantee that such information may not be accessed, disclosed,
altered or destroyed by breach of any of our physical, technical or administrative safeguards.
Although we may allow you to adjust your privacy settings to limit access to your information,
no security measures are perfect or impenetrable. We cannot control the actions of other users
or other third parties with whom you may choose to share your information. Therefore, we
cannot and do not guarantee that information you provide through the Services will not be
viewed by unauthorized persons. We are not responsible for circumvention by any third party of
any privacy settings or security measures contained within the Services.
B. Data Retention. We only store your Personal Information for as long as may be needed to
provide the Services to you, with the exception of Personal Information that we may need to
store for a longer period of time to comply with legal or regulatory obligations, resolve disputes,
enforce our agreements or for records management purposes. We will also retain Usage Data
for internal analysis purposes. Usage Data is generally retained for a shorter period of time,
except when this data is used to strengthen the security or to improve the functionality of our
Site, or we are legally obligated to retain this data for longer periods. Even after removal, copies
of information that you have posted may remain viewable in cached and archived pages or if
other users have copied or stored such information.
C. Protecting Minors. Our Services are intended for use by individuals over the age of 18. We do
not knowingly collect Personal Information from individuals under the age of 18. If you are
under 18 years of age, then please do not use or access the Services at any time or in any
manner.
7. International Visitors
The Services are controlled and operated by Proactive House in the United States. If you choose to
access the Services from outside the United States, you acknowledge that you will be transferring your
information, including Personal Information, outside of those regions to the United States for storage
and processing, as necessary to provide to you the Services and you consent to such transfer.
8. Other Important Information
A. Changes and Updates to this Privacy Policy. We reserve the right to make changes to this Privacy
Policy at any time. We will notify you about significant changes in the way we treat your
information, such as by placing a prominent notice on the Site or by sending you an email so
that you can choose whether to continue using the Services. Material modifications are effective
30 calendar days after our initial notification or upon your acceptance of the modified Privacy
Policy. Immaterial modifications are effective upon posting of the updated Privacy Policy on the
Site.
Please revisit this page periodically to stay aware of any changes to this Privacy Policy. For
the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the
Privacy Policy in effect at the time the dispute arose.
B. Governing Law; Dispute Resolution. This Privacy Policy is governed by the laws of the United
States New York state law, without regard to conflict of law principles. To the extent that any
lawsuit or court proceeding is permitted hereunder, you and Proactive House agree to submit to
the exclusive personal jurisdiction of the state courts and federal courts located within Queens
County, New York, for the purpose of litigating any such disputes.
C. Limitation of Liability. By accessing the Services and/or providing us with Personal Information
and other data, to the extent permitted by applicable law, you expressly and unconditionally
release and hold us harmless from any and all liability for any injuries, loss or damage of any
kind arising from or in connection with the use and/or misuse of such information. In addition,
while we take efforts to ensure the proper and appropriate use of data by our service providers
that may receive your information from us, we are not responsible for any injuries, loss or
damage of any kind arising from or in connection with the use and/or misuse of your
information caused by those service providers.
D. Third Party Websites. The Services may provide links to, or features from, other third-party
websites. If you link to or use such third-party sites or features, you do so at your own risk. We
do not control and are not responsible for the content or practices of any third-party website,
application or other product or service.
9. Our Contact Information
If you have any questions or comments about this Privacy Policy or our practices in relation to your
Personal Information, you can email us at proactivehousenyc@gmail.com or call us at (646) 470-6421.
LONG ISLAND CITY, NEW YORK, 11101
Email Address: proactivehousenyc@gmail.com
Telephone number: 6464706421
Effective as of February 18, 2020
Visit Us
- LIC, New York, NY
- (646) 470-6421
- bmelo@proactive.house
Join The club
Sign up and receive news.