Proximiti GoTools Terms of Service
These Terms of Service establish conditions by which Proximiti Communications, Inc. ("Proximiti") will provide, and You will use Proximiti’s GoTools services (the "Services).
BY USING THE PROXIMITI SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE PROXIMITI SERVICE(s).
If you have any questions or concerns regarding the terms and conditions under which Proximiti offers it’s GoTools Services, please contact firstname.lastname@example.org
Storage/Rights to Confidential Information
By design, Proximiti’s “GoTools’ Services are intended for storage of personal and confidential information.
Proximiti will utilize standard industry practices to ensure your confidential information remains confidential.
However, proper utilization and safe keeping of user id and passwords remains critical to maintaining the confidentiality of all information entered into your Proximiti Services.
The end user shall retain all rights of ownership related to the data entered by the end user and stored in association with the Proximiti Services
In consideration of the Service fees, the End User shall be entitled to use the Services in accordance with the subscription rights granted in these Terms of Service.
Proximiti will provide the end user with access to the Services on a commercially reasonable basis and will provide for the storage and retrieval of end user data in connection with use of the Services.
Proximiti further agrees to notify the end user in the event of a breach of security involving the end user’s data.
Proximiti agrees to retain data on a secure server and to maintain recovery and backup facilities in accordance with industry practices.
End User Rights and Requirements
The End User is responsible for obtaining access to the Internet using software and hardware that meet the minimum requirements of the Service as posted on Proximiti’s web site (www.proximiti.com).
The End User is responsible for the confidentiality and use of their account name and password.
Proximiti will deem any communication, data transfer, or use of the Services under the End User's account name and passwords to be for the end user's benefit and use.
The end user agrees to notify Proximiti if their account name or password is lost, stolen, or being used in an unauthorized manner.
The End User represents and warrants that it has the rights to all end user data.
The end user agrees that the end user data and its use do not infringe the rights of any third party and agrees to indemnify and holds Proximiti harmless from any third-party claims of infringement.
Limitations on End User
The End User may not:
Proximiti Rights Retained
- use the Services for illegal purposes,
- allow unauthorized third parties to access the Services,
- store data that is subject to the rights of any third parties, nor
- cause/permit reverse engineering of Proximiti’s software or applications.
Proximiti retains all rights not exclusively granted in this Agreement.
Proximiti retains all title, copyright, and other rights in the Services and/or any Proximiti software.
Proximiti retains the right to monitor use of Services by the end user at any time.
Proximiti may utilize third party partners in the course of providing Services.
Term and Termination
End user’s rights to use the Services shall remain in effect for the term set forth at the time of order and payment is received.
Thereafter, the term shall automatically renew unless either party gives advance notice of termination.
The end user may terminate service at any time but partial reimbursement for unused service periods will not be made by Proximiti.
Notwithstanding the above, Proximiti may offer a 30 day money-back guarantee in association with service establishment from the date of initial receipt of payment.
Proximiti may suspend Service at any time without notice for non-payment of fees due.
Suspension or termination shall not relieve end user of any obligation to pay all fees that have accrued or are otherwise owed by end user.
Indemnity, Warranties, Remedies
Proximiti will defend and indemnify end user against a claim that the Services infringe a copyright or patent subject to normal software industry process and procedures including standard remedies.
Proximiti warrants that the Services will perform consistent with generally accepted industry standards so long as (i) the end user has a current, paid-up right to use the Services; and (ii) end user's web access and equipment to meets reasonable standards established by Proximiti.
THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Proximiti does not warrant that the Services will operate in the combinations that the end user may select for use, that the operation of the Services will be uninterrupted or error-free, or that all Service errors will be corrected or that the Service will prevent unauthorized access by third parties.
For any breach of the warranty, end user's exclusive remedy, and Proximiti's entire liability, shall be the correction of Service errors that caused the breach.
In no event shall Proximiti be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by the end user or any third party, whether in an action in contract or tort. Unless otherwise restricted by law, Proximiti's liability for damages hereunder shall in no event exceed the amount of fees paid by Subscriber under the Agreement for the most recent three (3) month period.
Fees shall be due and payable in advance at the time service is requested.
If Proximiti is required to pay sales, use, property, value-added, withholding, excise or other taxes, duties, or governmental charges based on the Services provided then such taxes, duties, or governmental charges shall be billed to and paid by the end user.
Governing Law and Mandatory Arbitration
The Agreement and the relationship between you and Proximiti shall be governed by the laws of the State of Florida.
Any dispute or claim arising out of or relating to the Service shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in Tampa, Florida, shall be conducted in English, shall follow the plain meaning of the relevant documents, and shall be final and binding.
THE END USER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.