Proximity Terms & Conditions

PLEASE READ THESE PROXIMITY WIRELESS, INC. (“Proximity Wireless”) GENERAL TERMS AND CONDITIONS OF USE ("Terms”) CAREFULLY BEFORE USING THE WEB SITE PROXIMITYWIRELESS.COM (“Site”) OR ANY SERVICES OFFERED BY PROXIMITY WIRELESS USING THIS SITE.

By using the Site, related material and other services offered by Proximity Wireless, you signify your assent to the Terms and conditions set forth herein. If you do not agree to all of these Terms, do not use the Site or any materials or services provided by Proximity Wireless.

The Proximity Wireless Site is an online information service provided by Proximity Wireless and its associates. Proximity Wireless may make changes to the web page materials (including these Terms), the product information and prices at any time without notice and without obligation to update the materials contained on this Site. Notwithstanding the aforementioned Proximity Wireless will use its best efforts to post any revisions on the Site. Your continued usage of the Site or any of the materials and services provided by Proximity Wireless will mean you assent to and accept these Terms and the policies in effect at the time of your use.

COPYRIGHT. All content, materials and graphics on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of Proximity Wireless, which reserves all rights. You are given permission to view the material on the Proximity Wireless web site and save those materials provided to you by Proximity Wireless or its associates. You may use such materials only for personal non-commercial purposes. You can not use these materials in anyway for commercial purposes without the prior written on consent of Proximity Wireless. Permission to use any of Proximity Wireless’s content is granted on a case-by-case basis. Proximity Wireless welcomes requests. Please submit all requests to Proximity Wireless at info@proximitywireless.com. Do not copy or adapt the HTML that Proximity Wireless contained on the Site. It also is covered by Proximity Wireless's copyright.

Proximity Wireless shall not inspect or confirm that the material contained on or access through the Site. All information, products and/or services are provided “AS IS” and without any warranties. Proximity Wireless has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). If you believe your copyright material is being used on this web site without permission, please notify Proximity Wireless's designated agent at:

LICENSE. By using the Site you automatically grant (or warrant that the owner of such content has expressly granted) to Proximity Wireless a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, publish, edit, translate, distribute, perform, and display any materials submitted to Proximity Wireless (including any work product, residual or derivative works created in association with Proximity Wireless) in any manner consistent with the policies of Proximity Wireless now known or hereafter developed.

TRADEMARKS. "Proximity Wireless" and "proximitywireless.com” logos are trademarks or service marks of Proximity Wireless.

PRIVACY. The Proximity Wireless Privacy Policy is available at www.proximitywireless.com The Privacy Policy shall govern in matters concerning customer privacy. All other matter shall be governed by these Terms.

TERMS OF USE. In consideration of your use of the Proximity Wireless service (http://www.proximitywireless.com) you agree not to: (1) upload or transmit any communications or content of any type that infringe or violate any rights of any party; (2) post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law; (3) impersonate another person or allow any other person or entity to use your identification for posting materials to the list; (4) upload, post, e-mail or otherwise transmit 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 (5) engage in any other conduct that restricts or inhibits any other person from using or enjoying the products and/or services provided by Proximity Wireless or one of its associates.


Proximity Wireless has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Site and/or the associated products and services at any time.

By submitting communications or content to Proximity Wireless you agree that such submission is non-confidential for all purposes. If you make any submission, you automatically grant -- or warrant that the owner of such content has expressly granted -- to Proximity Wireless a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, publish, edit, translate, distribute, perform, and display the communication or content in any manner consistent with the policies of Proximity Wireless now known or hereafter developed.

NO WARRANTIES. PROXIMITY WIRELESS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO PROXIMITY WIRELESS, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, OR ANY SITES LISTED ON THE SITE, AND Proximity Wireless SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. PROXIMITY WIRELESS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

IN NO EVENT WILL PROXIMITY WIRELESS OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, EVEN IF Proximity Wireless OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, PROXIMITY WIRELESS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PROXIMITY WIRELESS'S TOTAL LIABILITY EXCEED $500.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Proximity Wireless and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Site and any violation of these Terms by you.

GOVERNING LAW AND JURISDICTION. These Terms constitute a contract made under and shall be governed by and construed in accordance with the laws of the State of Kansas without regard to its conflicts of law provisions.

MISCELLANEOUS. Except as expressly provided by Proximity Wireless on the Site, these Terms constitute the entire agreement between you and Proximity Wireless with respect to the use of the Site and the materials and/or services provided therewith. Proximity Wireless’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Proximity Wireless may assign its rights and duties under these Terms to any party at any time without notice to you.

LAST UPDATE. These Terms were last updated on December 21, 2004.

CONTACT INFORMATION. Questions or comments regarding Proximity Wireless should be sent by e-mail to info@proximitywireless.com or by U.S. mail to Proximity Wireless, Inc., 14306 W. 83rd Place, Lenexa, KS 66215-4169, United States of America.