Terms & Conditions

Last updated: July 29, 2026

Table of Contents

  1. Acceptance of Terms
  2. Description of Services
  3. Eligibility and Registration
  4. Business Ownership Authentication
  5. User Conduct and Responsibilities
  6. Paid Promotion Services
  7. Intellectual Property Rights
  8. Privacy and Data Protection
  9. Disclaimers of Warranties
  10. Limitation of Liability
  11. Indemnification
  12. Termination
  13. Governing Law and Dispute Resolution
  14. Changes to Terms
  15. General Provisions
  16. Contact Information
  17. DMCA Policy
  18. User Representations, Warranties, and Release

1. Acceptance of Terms

By accessing and using the Pros & Deals website www.prosanddeals.com and any related services, features, content, or functionality offered by ProDeal APP LLC (collectively, the “Services” or “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must immediately cease use of our Services.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and ProDeal APP LLC (“Company,” “Pros & Deals,” “we,” “us,” or “our”), a limited liability company registered in the State of New York. These Terms apply to all users of our web-based platform, including customers, business owners, listing publishers, and visitors.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS.

2. Description of Services

Pros & Deals is an interactive web-based platform that connects local businesses with customers through deal discovery, content publishing, promotion services, and community engagement:

  • Browse & Discover: Users can browse deals, businesses/pros, and listings without an account. Search, filter by location, category, and price range to find exactly what you need.
  • Publish Content: Registered users can publish deals (with or without a business), register and verify businesses, and create listings (Yard Sales, Moving Sales, Lost & Found, Giveaways). All publishing is free.
  • Promote Content: Optional paid promotion services to boost visibility of businesses, deals, and listings through multiple tiers (Promote, Promote Max, Premium) for various durations (1-30 days). Payment processing via Stripe.
  • Community Features: Like/favorite content, submit reviews and ratings, share deals via URL, flag expired or problematic content, and chat with business and listing publishers.
  • Business Verification: Automatic verification when business name matches Google Maps address data. Pending verifications require support contact for resolution.
  • Affiliate Deals: We may display deals from third-party affiliate networks; these deals are subject to the terms of the respective affiliate partners.

No Mobile Apps: Pros & Deals is exclusively a web-based platform accessible from any device with a modern browser (phone, tablet, computer). There are no mobile applications - simply visit prosanddeals.com from any device.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Eligibility and Registration

3.1 Eligibility Requirements

  • You must be at least 13 years of age to browse and use basic features
  • You must be at least 18 years old to register a business, publish deals, or publish listings
  • Business owners must be legally authorized to enter into contracts on behalf of their business entity
  • Our Services are currently available to users in the United States and Canada, with plans to expand to additional regions
  • You must not be barred from using the Services under any applicable law or regulation
  • You must provide accurate, complete, and current information when creating an account or publishing content

3.2 Account Registration and Security

  • You are solely responsible for maintaining the confidentiality and security of your account credentials
  • You must immediately notify us at support@prosanddeals.com of any unauthorized use of your account or any other security breach
  • You are fully responsible for all activities that occur under your account, whether or not authorized by you
  • We reserve the right to suspend, disable, or terminate accounts at our sole discretion, including for violations of these Terms
  • You may not use another person's account without explicit permission
  • Account credentials are non-transferable

3.3 Business Verification

When you register a business, we automatically verify it by matching your business name with the address on Google Maps. If verification is successful, your business receives verified status immediately. If the name or address doesn't match Google Maps data, your business status will be pending and you must contact support@prosanddeals.com to resolve the verification issue. Unverified businesses have limited functionality. We reserve the right to reject or revoke verification at any time for violations of these Terms or inaccurate information.

3.4 Business Ownership Authentication and Verification Codes

Pros & Deals may require authentication steps before granting, transferring, or restoring administrative control of a business profile. By initiating a business claim workflow, you represent and warrant that you are duly authorized to act on behalf of the business and that all submitted information is truthful, accurate, and complete.

As part of this authentication framework, we may deliver a one-time verification code to the registered business telephone number using SMS or automated voice call. You acknowledge and agree that this verification channel is used exclusively to validate ownership authority, prevent unauthorized account access, and preserve platform security.

You must provide affirmative consent before requesting a verification code. Verification attempts are subject to security controls, including cooldown periods, request limits, and temporary lockouts. We reserve the right, in our sole discretion, to deny, suspend, or require supplemental documentary evidence for any ownership claim where risk, inconsistency, or suspected fraud is detected.

Submission of a verification request does not guarantee approval of a claim. Final ownership determination remains subject to our internal review standards, abuse-prevention controls, and applicable law.

4. User Conduct and Responsibilities

4.1 Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You expressly agree NOT to:

  • Violate any applicable federal, state, local, or international law or regulation
  • Infringe upon or violate the intellectual property rights, privacy rights, or other rights of any third party
  • Post, upload, or transmit any false, misleading, fraudulent, defamatory, obscene, or otherwise objectionable content
  • Engage in spam, phishing, or unsolicited commercial communications
  • Attempt to gain unauthorized access to our systems, networks, servers, or other users' accounts
  • Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services
  • Use automated scripts, bots, scrapers, or similar technology to access or interact with the Services
  • Circumvent, disable, or otherwise interfere with security-related features of the Services
  • Use the Services for any unauthorized commercial purpose
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
  • Upload viruses, malware, or other malicious code

4.2 Image Upload Requirements

When uploading images to our platform (for businesses, deals, or listings), you must adhere to the following technical requirements and policies:

  • File Size Limit: Maximum 3.5MB per image before compression
  • Automatic Compression: All images are automatically compressed client-side to approximately 800KB for faster loading and optimal performance
  • Supported Formats: JPG, JPEG, PNG, and GIF formats are accepted
  • Content Requirements: Images must be relevant to the content being published, appropriate for all audiences, and not violate any intellectual property rights
  • Prohibited Content: Images containing explicit, offensive, misleading, or copyrighted material without permission are strictly prohibited
  • Image Limits: Maximum 3 images per business, deal, or listing

We reserve the right to remove any images that violate these requirements or our content policies without notice. Repeated violations may result in account suspension or termination.

4.3 AI-Generated and Representative Images

Some images displayed on our Platform for deals, businesses, or listings may be AI-generated or representative stock images rather than photographs of the actual product, service, or location. These images are intended for illustrative purposes only and may not accurately reflect the appearance, condition, or availability of the specific product or service being offered.

We strongly encourage all users to visit the vendor's official website or contact the business directly to view accurate, up-to-date images of the actual product or service before making any purchasing decisions. Pros & Deals is not responsible for any discrepancy between images displayed on our Platform and the actual appearance of a product, service, or business.

Business owners and publishers are responsible for ensuring that any images they upload accurately represent their offerings. Deliberately misleading images may result in content removal or account suspension.

4.4 Chat and Messaging Services

Chat functionality is available exclusively to authenticated users for one-on-one conversations with business and listing publishers. All chat messages automatically expire and are permanently deleted 31 days after creation in chronological order (oldest messages expire first). Empty conversations are automatically removed. You are solely responsible for preserving important communications via screenshots or external storage before messages expire. We cannot recover expired messages under any circumstances and are not liable for data loss due to automatic expiration. Messages are delivered through polling; you must have the chat open or refresh to see new messages. Messages are automatically marked as read as you scroll through the conversation. Rate limits of 50 messages per minute per user apply to prevent abuse. Excessive use or violation of acceptable use policies may result in temporary or permanent restrictions on chat access.

For your safety, do not share personal, financial, government ID, or other sensitive information in chat. Pros & Deals is not responsible for any loss or misuse of information you choose to disclose. If you suspect abuse, please end the conversation and report it to support@prosanddeals.com.

4.5 Business Owner Responsibilities

If you are a business owner using Pros & Deals Business, you additionally agree to:

  • Provide accurate, truthful, and complete business information and maintain current contact details at all times
  • Honor ALL deals and promotions published through our platform as advertised, without additional undisclosed conditions
  • Comply with all applicable consumer protection, advertising, and trade laws and regulations
  • Maintain all required business licenses, permits, and insurance as required by law
  • Respond to customer inquiries, complaints, and reviews in a professional and timely manner
  • Not publish deals that are deceptive, misleading, or violate any third-party rights
  • Not discriminate against customers based on protected characteristics
  • Assume full responsibility for the goods or services offered in your deals
  • Indemnify Pros & Deals against any claims arising from your deals or business practices

4.6 User-Generated Content — Representations, Warranties, and Liability

Users may post reviews, ratings, comments, deals, listings, and other content (“User Content”). You are solely and exclusively responsible for all User Content you post, upload, publish, share, or transmit through the Services. By submitting any User Content, you irrevocably represent and warrant that:

  • You are the original creator and sole owner of the User Content, or you possess all necessary licenses, rights, consents, and permissions to post it and to grant the rights described herein;
  • Your User Content does not and will not infringe, misappropriate, or violate any copyright, trademark, trade secret, patent, right of publicity, right of privacy, moral right, or any other intellectual property right of any third party;
  • Your User Content is not defamatory, libelous, slanderous, harassing, abusive, fraudulent, deceptive, misleading, obscene, threatening, or otherwise tortious or unlawful;
  • Your User Content does not violate any applicable federal, state, local, or international law, rule, or regulation, including without limitation the Federal Trade Commission Act, CAN-SPAM Act, truth-in-advertising laws, and consumer protection statutes;
  • All factual statements in your User Content are true and accurate to the best of your knowledge;
  • Any deals, discounts, or offers you publish are genuine, currently available, and accurately described, including all material terms, conditions, exclusions, and expiration dates;
  • You have obtained all required consents from any identifiable individuals appearing in images or other media you upload; and
  • Your User Content does not constitute or facilitate unauthorized data collection, surveillance, or invasion of privacy of any third party.

Reviews and ratings constitute the opinions of the individual user and do not represent the views of ProDeal APP LLC. We do not endorse, verify, or adopt any review or rating as our own. Pros & Deals is not liable for any review, rating, or comment posted by a user.

We reserve the right, but not the obligation, to monitor, edit, refuse, or remove any User Content at our sole discretion, at any time and without notice, for any reason, including but not limited to User Content that we determine in our sole discretion violates these Terms or applicable law. Removal of User Content does not constitute a waiver of any other remedy available to us, nor does it create any obligation on our part to monitor or remove future User Content.

4.6A Shared Deals, Listings, and Shared Content — Third-Party Liability Shield

Our Services enable users to share, publish, and distribute deals, listings (including Yard Sales, Moving Sales, Lost & Found, and Giveaway listings), business information, reviews, and other content with other users or the public. ProDeal APP LLC is an interactive computer service provider, and all shared content is generated exclusively by third-party users. We are not the publisher or speaker of any User Content under Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and applicable law.

With respect to any deal, listing, or content shared through the Services:

  • No Endorsement: ProDeal APP LLC does not endorse, sponsor, recommend, or verify any deal, listing, business, product, or service posted by users. The presence of any User Content on our Platform does not constitute a representation, warranty, or recommendation by ProDeal APP LLC;
  • No Quality Guarantee: We make no representation as to the quality, safety, legality, accuracy, availability, or fitness for any particular purpose of any deal, item, or service offered through user-generated listings or deals;
  • Transaction Independence: All transactions between users and third-party businesses or listing publishers are independent and solely between those parties. ProDeal APP LLC is not a party to any such transaction and assumes no liability for any transaction, dispute, injury, damage, or loss arising from it;
  • No Fiduciary Duty: Nothing in these Terms creates a fiduciary, agency, joint venture, partnership, or employment relationship between ProDeal APP LLC and any user;
  • Content Accuracy: We do not verify the accuracy, completeness, or currency of any User Content, deal terms, pricing, business information, or listing details; and
  • Publisher Liability: The user who publishes or shares any deal, listing, or content bears sole and exclusive responsibility and liability for that content, including any claims, demands, losses, liabilities, costs, and expenses arising from it.

YOU AGREE THAT PRODEAL APP LLC SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, INJURIES, DAMAGES, OR LIABILITIES ARISING FROM OR RELATED TO USER-SHARED DEALS, LISTINGS, REVIEWS, OR OTHER USER CONTENT, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

4.7 Prohibition on Data Scraping, Unauthorized Access, and Data Theft

EXPRESS PROHIBITION — BINDING LEGAL RESTRICTION: You are expressly and irrevocably prohibited from using any automated or manual means, including but not limited to robots, bots, scrapers, crawlers, spiders, data mining tools, browser extensions, proxy networks, headless browsers, or any other automated or semi-automated devices, programs, scripts, algorithms, or methodologies to access, monitor, copy, harvest, extract, aggregate, index, republish, or redistribute any data, content, or information from the Pros & Deals website, APIs, databases, or any portion thereof, without our prior, express, written consent. This prohibition applies regardless of whether your access is via direct browser, API call, third-party service, or any other means.

Prohibited Activities Include, Without Limitation:

  • Scraping, crawling, harvesting, or systematically downloading any deals, business information, user reviews, ratings, listings, images, pricing data, geographic data, or any other data or content from our Services;
  • Using automated tools to access our Services for competitive intelligence, price monitoring, market research, or data aggregation purposes;
  • Implementing headless browsers, browser automation tools, or similar technology (including but not limited to Selenium, Puppeteer, Playwright, PhantomJS, or Cypress) to interact with our Services;
  • Bypassing, circumventing, defeating, or attempting to defeat any security measure, rate limit, CAPTCHA, bot-detection mechanism, IP-blocking, or anti-scraping protection we deploy;
  • Accessing or attempting to access non-public areas of our systems, databases, servers, or infrastructure, including through any means not expressly authorized by us;
  • Using our APIs in violation of API rate limits, usage restrictions, or applicable API terms of service;
  • Creating, compiling, or maintaining derivative databases, datasets, indexes, or directories based on scraped or systematically collected Pros & Deals content;
  • Redistributing, reselling, sublicensing, transferring, or republishing Pros & Deals content obtained through automated or unauthorized means;
  • Training, fine-tuning, or augmenting machine learning models, large language models (LLMs), artificial intelligence systems, or neural networks using scraped or systematically collected Pros & Deals data without prior written authorization;
  • Conducting mass automated searches, queries, or request floods that place disproportionate load on our infrastructure or degrade service quality for other users;
  • Using virtual private networks (VPNs), proxy servers, Tor networks, or other means to circumvent IP-based access controls or rate limits;
  • Intercepting or capturing data transmitted between our servers and other users; and
  • Aggregating, compiling, or correlating data from our Services with data from other sources to build or enhance consumer profiles, business intelligence databases, or commercial datasets.

Legal Consequences and Enforcement: Violation of this prohibition constitutes a material breach of these Terms and may also constitute a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Digital Millennium Copyright Act (17 U.S.C. § 1201), applicable state computer crime laws, the California Comprehensive Computer Data Access and Fraud Act (Penal Code § 502), applicable trade secret laws, and other applicable statutes. Violations may result in, without limitation: (a) immediate and permanent termination of your account and all associated rights; (b) permanent blocking of your IP address range, device fingerprint, and associated identifiers; (c) civil litigation seeking compensatory damages, disgorgement of profits, statutory damages, and injunctive relief; (d) referral to federal, state, or local law enforcement authorities; and (e) public disclosure of violations to the extent permitted by law. We actively monitor our platform with sophisticated anti-scraping and bot-detection technologies and will aggressively pursue all available legal remedies against violators.

Robots.txt Compliance: Our website publishes a robots.txt file specifying crawl restrictions. Any automated agent accessing our website must respect and comply with the directives in our robots.txt file. Failure to comply with our robots.txt directives constitutes unauthorized access.

Authorized API Access: If you require programmatic access to Pros & Deals data for a legitimate, non-commercial purpose, please contact api@prosanddeals.com to discuss official API access terms and licensing agreements before attempting any automated access. Unauthorized access, even if well-intentioned, remains a violation of these Terms.

4.8 Social Media Integration

Pros & Deals offers optional social media integration that allows business owners to connect their Facebook Page and Instagram Business Account and automatically publish posts when a deal is published. The following terms apply:

  • Explicit Opt-In Only: Auto-posting occurs only when you actively select the option at the time of publishing a deal. Pros & Deals will never post to your social media accounts without your explicit selection for each deal.
  • Authorization: By linking your social media accounts, you authorize Pros & Deals to post deal content — including deal title, description, images, and business location — to your connected Facebook Page and/or Instagram Business Account on your behalf.
  • Your Responsibility: You are solely responsible for ensuring that your use of this integration complies with Meta's Terms of Service, Community Standards, and all other applicable Meta policies. You represent that you have the authority to administer the Facebook Page and Instagram Business Account you connect.
  • No Liability for Meta Actions: Pros & Deals is not liable for posting failures, content moderation actions taken by Meta, account restrictions imposed by Meta, changes to Meta's platform APIs, or any other outcomes resulting from Meta's decisions regarding your account or content.
  • Revoke Access: You may disconnect the integration at any time via Profile Settings → Social Media tab within Pros & Deals, or directly via Facebook Settings → Apps & Websites. After revoking access, no further posts will be made to the disconnected accounts.
  • Token Storage: Access tokens required for posting are stored in encrypted form on our servers. Refer to our Privacy Policy for details on how social media credentials are handled and secured.
  • Data Use Restrictions: Meta Platform Data obtained through this integration (including access tokens, Page name, Page ID, and any data retrieved via the Facebook Graph API or Instagram Content Publishing API) is used exclusively for the social posting functionality described above. Pros & Deals does not sell, rent, license, or otherwise transfer Meta Platform Data to any third party. This data is not used for advertising targeting, user profiling, competitive intelligence, or any purpose other than publishing deals on your behalf. These restrictions are consistent with and required by Meta's Platform Terms.

4.9 Social Media Permissions — What We Request and Why

To deliver the social media posting feature, Pros & Deals requests the following Facebook permissions during the OAuth authorization process. We request only the minimum permissions necessary:

PermissionWhy We Need It
pages_show_listTo list the Facebook Pages you manage so you can select which Page to link to your business.
pages_read_engagementTo read basic Page information (name, ID) for display in your Profile Settings.
pages_manage_postsTo create deal posts on your Facebook Page when you opt-in to Facebook posting while publishing a deal.
instagram_content_publishTo publish image posts to your Instagram Business or Creator account when you opt-in to Instagram posting. Requires at least one deal image.

Pros & Deals does not request permissions to read your personal Facebook profile, access your friends or followers list, send private messages, manage Facebook Ads, or access any data beyond what is listed above. By authorizing these permissions, you confirm that you have read and understood what access you are granting.

6. Intellectual Property Rights

6.1 Company Ownership

The Services and all content, features, functionality, design, software, text, graphics, logos, icons, images, audio, video, and the selection and arrangement thereof are owned by ProDeal APP LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  • You may not copy, reproduce, modify, distribute, or create derivative works from our Services or content
  • You may not reverse engineer, decompile, or disassemble any aspect of the Services
  • You may not use our trademarks, service marks, or logos without prior written permission
  • Any unauthorized use terminates the permission or license granted by these Terms

6.2 License to User Content

You retain ownership of content you create and submit through our Services. However, by posting User Content, you grant ProDeal APP LLC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any and all media or distribution methods now known or later developed, in connection with operating, improving, and promoting the Services. This license survives any termination of your account or these Terms with respect to content that has already been shared publicly.

You hereby waive any moral rights, droit moral, or rights of integrity and attribution with respect to your User Content to the fullest extent permitted by applicable law.

6.3 Platform Content Protections

All non-user-generated content on the Platform, including the website design, layout, user interface, software code, algorithms, databases, compilations, trade dress, look and feel, marketing materials, and documentation, constitutes proprietary and confidential information of ProDeal APP LLC and is protected by copyright, trade dress, and other intellectual property laws. The collection, selection, and arrangement of content on the Platform constitute a copyrightable compilation owned exclusively by ProDeal APP LLC.

Any unauthorized use, reproduction, distribution, modification, display, or transmission of any Platform content — including data extraction, systematic copying, or republication — constitutes copyright infringement and a breach of these Terms and may expose you to civil and criminal liability.

6.4 Trademark Rights

“Pros & Deals,” “ProDeals,” “prosanddeals.com,” and all related logos, graphics, taglines, and trade dress are trademarks, service marks, or registered trademarks of ProDeal APP LLC in the United States and other countries. You may not use, copy, reproduce, republish, display, or incorporate our trademarks, trade dress, or brand materials in any manner without our prior, express, written consent. Nothing in these Terms grants you any right, license, or interest in our trademarks or trade dress.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in our Privacy Policy. Please review our Privacy Policy at www.prosanddeals.com/privacy.

8. Disclaimers of Warranties

8.1 Services Provided “As Is”

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRODEAL APP LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Availability

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services. We are not responsible for the accuracy or reliability of any opinion, advice, or statement made through the Services.

8.3 Third-Party Content and Services

Our Services may contain links to third-party websites, services, or content. We do not endorse, control, or assume responsibility for any third-party sites, services, or content. Your dealings with third parties are solely between you and such third parties.

8.4 Deal Accuracy

WE DO NOT GUARANTEE THE ACCURACY, VALIDITY, OR AVAILABILITY OF ANY DEAL POSTED ON OUR PLATFORM. DEALS ARE PROVIDED BY THIRD-PARTY BUSINESSES OR AFFILIATE PARTNERS. WE ARE NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND BUSINESSES.

8.5 Section 230 / Communications Decency Act Immunity

Pros & Deals is an interactive computer service provider within the meaning of Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (“CDA”). Pursuant to the CDA, ProDeal APP LLC is not the publisher or speaker of any information provided by a third-party information content provider, including any User Content submitted by users of the Platform. We are not liable for any User Content, regardless of whether such content is defamatory, inaccurate, offensive, or otherwise objectionable.

Our decision to moderate, review, edit, block, or remove any User Content, or our failure to do so, does not make us the “publisher” or “speaker” of that content for purposes of the CDA or any other law. We reserve the right, but expressly disclaim any obligation, to pre-screen, monitor, moderate, or remove any User Content.

8.6 No Agency Relationship

No agency, partnership, joint venture, employment, or franchise relationship is created between you and ProDeal APP LLC by these Terms or your use of the Services. You are an independent user of the Platform. ProDeal APP LLC does not control and is not responsible for the actions, representations, or omissions of any business owner, listing publisher, or other user.

Marketplace Disclaimer: Pros & Deals provides a neutral online marketplace and information platform only. We do not buy, sell, own, hold, or transfer title to any goods or services listed on the Platform. We are not a party to, and expressly disclaim all liability for, any transaction between a buyer and seller facilitated through or originating from the Platform. All disputes arising from transactions are solely between the transacting parties.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRODEAL APP LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, PRODEAL APP LLC IS NOT LIABLE FOR: (A) ANY USER CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR THAT MAY BE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY; OR (E) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitation of liability set forth above is a fundamental element of the basis of the bargain between ProDeal APP LLC and you. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

10. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ProDeal APP LLC and its officers, directors, members, employees, contractors, agents, licensors, suppliers, successors, predecessors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, investigations, demands, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney's fees, expert witness fees, court costs, and settlement amounts) arising from or related to:

  • Your use of and access to the Services, including any actions or inactions during your use;
  • Your violation of any term of these Terms, any representation or warranty made by you, or any other policy or guideline published by us;
  • Your violation of any third-party right, including without limitation any intellectual property right, right of publicity, privacy right, confidentiality obligation, or contractual right;
  • Any User Content you post, upload, publish, distribute, share, or transmit through the Services, including any deal, listing, review, rating, image, or business information;
  • Any claim that your User Content is inaccurate, defamatory, misleading, deceptive, offensive, or otherwise tortious or harmful to a third party;
  • Any transaction between you and another user or business facilitated through or originating from the Platform, including disputes over goods, services, pricing, quality, or fulfillment;
  • Your violation of any applicable law, regulation, statute, rule, or ordinance, including consumer protection, advertising, trade, or competition laws;
  • Any fraudulent, negligent, or intentional misconduct by you; and
  • Your unauthorized access to, use of, or interference with our systems, networks, or data.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any claim without our prior written consent. This indemnification obligation will survive any termination of your account or these Terms.

11. Termination

11.1 Termination by You

You may terminate your account at any time by deleting your account through the app settings or by contacting support@prosanddeals.com. Termination does not entitle you to any refund.

11.2 Termination by Us

We may suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.

11.3 Effects of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. ProDeal APP LLC is registered in the State of New York.

12.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and ProDeal APP LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New York County, New York State.

12.3 Class Action Waiver

YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

13. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. We will notify you of any material changes by:

  • Posting the updated Terms on our website with a new “Last Updated” date
  • Sending an email notification to registered users
  • Displaying an in-app notification

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new terms, you must stop using the Services.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and ProDeal APP LLC concerning the Services.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, government action, or power outages.

15. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us:

  • Company: ProDeal APP LLC
  • Email: support@prosanddeals.com
  • Subject: Terms and Conditions Inquiry
  • Response Time: Within 48 business hours
  • Website: www.prosanddeals.com

16. DMCA Policy

ProDeal APP LLC respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond promptly to claims of copyright infringement committed using our platform, www.prosanddeals.com, if such claims are reported to our designated copyright agent identified below.

If you are a copyright owner, or are authorized to act on behalf of a copyright owner, and you believe that copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Platform, please notify our copyright agent as set forth below.

16.1 Safe Harbor Provisions

Pros & Deals operates as an online service provider and qualifies for the safe harbor protections set forth in 17 U.S.C. § 512 of the DMCA. We do not actively monitor user-generated content, and we are not responsible for content posted by third parties on our Platform. However, we will respond to valid DMCA takedown notices and take appropriate action.

Our Platform allows users to publish deals, images, listings, and business information. All users are solely responsible for ensuring that the content they submit complies with applicable laws, including copyright laws. By submitting content to our Platform, users represent and warrant that they own or have the necessary rights to use such content.

16.2 DMCA Notice of Alleged Infringement (Takedown Notice)

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Platform, you may submit a notification pursuant to the DMCA. To be effective, your written notice must include:

  • A physical or electronic signature of the copyright owner or the person authorized to act on their behalf;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered, a representative list of such works;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it on the Platform (such as the URL);
  • Your contact information, including your address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Submit DMCA Takedown Notices to our Designated Copyright Agent:

ProDeal APP LLC — DMCA Agent

Email: dmca@prosanddeals.com

Subject Line: DMCA Takedown Notice

Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages incurred by the alleged infringer or the Platform.

16.3 Counter-Notification Procedures

If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Designated Copyright Agent. Your written counter-notification must include:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or disabled and the location at which it appeared before removal;
  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the applicable Federal District Court.

Upon receiving a valid counter-notification, we will forward it to the complaining party and may replace the removed material within ten (10) to fourteen (14) business days unless we receive notice that the complaining party has filed a court action.

16.4 Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Pros & Deals has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

17. User Representations, Warranties, and Release

17.1 User Representations and Warranties

By using the Services, you represent and warrant, on a continuing basis, that:

  • You have the full legal right, power, and authority to agree to these Terms and to perform your obligations hereunder;
  • You are at least 13 years of age (or at least 18 years of age to publish content or register a business);
  • All information you provide to us is and will remain accurate, truthful, complete, and current;
  • You will comply with all applicable laws, regulations, and industry standards in connection with your use of the Services;
  • You will not use the Services for any unlawful, fraudulent, abusive, or harmful purpose;
  • You have the legal right to post, distribute, and share any content you submit, and such content does not violate any law or the rights of any third party; and
  • Your use of the Services does not and will not violate any agreement between you and any third party or any court order, judgment, or decree to which you are subject.

These representations and warranties are a material inducement for ProDeal APP LLC to allow your access to and use of the Services. A breach of any representation or warranty constitutes a material breach of these Terms and may result in immediate account termination.

17.2 Release of Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, ACQUIT, AND FOREVER DISCHARGE PRODEAL APP LLC AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, AND EXPENSES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM OR RELATED TO YOUR INTERACTIONS WITH OTHER USERS, BUSINESSES, OR THIRD PARTIES THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY TRANSACTIONS, DISPUTES, INJURIES, OR LOSSES ARISING FROM USER-SHARED CONTENT, DEALS, OR LISTINGS.

If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you reside in another jurisdiction with a similar statute or principle, you waive any such statute or principle.

17.3 Prohibited Competitive Activities

You agree not to use the Services or any information derived from the Services to: (a) develop, operate, market, or improve a competing platform or service that offers substantially similar functionality to the Services; (b) solicit users or businesses of the Platform to use a competing service; or (c) collect, compile, or use any data, contacts, or information available through the Services for the purpose of building or enriching a competitive product or service. Violation of this section constitutes a material breach entitling us to injunctive relief in addition to monetary damages.