Last updated 9/6/19
By using proximitydeals.info, proximitydeals.com, or any web property owned by Proximity Deals you agree to the following Terms of Service.
PurchasesBy signing up, you acknowledge to purchasing Facebook and Waze impressions. You can purchase more impressions at any time. Proximity Deals reserves the right to cancel any order.
Proximity Deals will provide Facebook and Waze ad impressions on the number of impressions purchased under your order. There is no defined spit between Facebook and Waze ad impressions. All impressions will be counted as the total impressions purchased under your order. Due to the nature of a third party (Facebook and Waze) servicing the ad impressions, Proximity Deals makes no claim or guarantee for impressions to be delivered in a specific time frame.
AccountsAccounts can be accessed using a login provided by Proximity Deals. Proximity Deals reserves the right to close or cancel any user's account. Proximity Deals makes no claim or guarantee as to uptime for account access.
Third Party Links and DataProximity Deals may use third parties to deliver services. Such third parties may include, but are not limited to; geo location data from simplemaps.com, Facebook, Waze, Google, and others. Proximity Deals is in no way condoning any third party they link to.
Warranties(a) Company's Warranties: Company represents, warrants and covenants that, Company has full authority to enter into this Agreement and all of the services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client's Warranties: Client represents, warrants and covenants that Client has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client's obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED.
Limitation of Liability(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL COMPANY'S LIABILITY TO CLIENT EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 6, 9 AND 19.
Effects of HeadingsThe subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Neutral ConstructionThis Agreement was prepared by Company and/or Company's legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
Governing Law; Venue; MediationThis Agreement shall be construed in accordance with, and governed by, the laws of the as applied to contracts that are executed and performed entirely in . The exclusive venue for any court proceeding based on or arising out of this Agreement shall be , FL. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation ExpensesIf any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SeverabilityIf any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.