Terms and Conditions
Important Disclaimers and Legal Information
1. User Agreement
2. Limitations of License
Subject to the terms and conditions set forth in the Agreements and payment of the applicable fees, PROXY INTEL hereby grants to you, and you hereby accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, fee bearing, limited license to access and make personal use of the Website and the Services. The license shall be granted until terminated in accordance with these Terms. Except as specifically permitted by these Terms, you agree not to: (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to anyone else; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance all of any part of the Website or the Services or create any derivative works or otherwise merge or utilize all of any part of the Services or the Website with or into other computer programs or other materials or attempt to discover all or any part of the Website source code; or (iii) copy, print, display, publish or transmit all or any part of the Website or the Services.
The Website and the Services may incorporate software code, trade secrets, patentable subject matter and other proprietary materials, as well as text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties (“Our Content”). Our Content may become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Our Content is for your reference only and should not be relied upon by you for any purpose. Our Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as agreed to in writing by us. We are not responsible for Our Content’s accuracy and/or reliability. We may discontinue offering any of Our Content on the Website at any time without notice.
4. User Indemnity
You agree to defend, indemnify and hold harmless, PROXY INTEL, our affiliates, agents, employees, directors, officers, stockholders, licensors, subcontractors and suppliers, from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys‚ fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations under the Agreements, (ii) the placement by you of a link to the Website on any Website or in any e-mail, or (iii) your use of the Website or participation in any activities arising from this Website, including but not limited to, the Services. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity.
5. Limitation of Liability
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, STOCKHOLDERS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, STOCKHOLDERS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS, IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT USE OF OUR WEBSITE AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. OUR WEBSITE, CONTENT AND SERVICES ARE PROVIDED “AS IS”, AND “AS AVAILABLE” FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PROXY INTEL, THE WEBSITE, OR THE SERVICES. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES, AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PROXY INTEL MAKES NO WARRANTY THAT:
- THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE OR THE SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR
- THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS;
- THE SITE WILL MEET YOUR REQUIREMENTS;
- ANY ERRORS ON THE SITE WILL BE CORRECTED;
- THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
- THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE WEBSITE ARE CORRECT AND ACCURATE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE;
- ANY SITE OR SERVER TO WHICH YOUR TRAFFIC MAY BE ROUTED WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED OR FREE FROM DOWNTIME OR INOPERABILITY. NEITHER PROXY INTEL NOR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, STOCKHOLDERS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICES OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE WEBSITE OR SUBMITTED TO US. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST PROXY INTEL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, STOCKHOLDERS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR EXPRESS WRITTEN CONSENT.
6. Choice of Law
THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF. You will resolve any claim, cause of action or dispute with PROXY INTEL arising out of or relating to the Agreements, the Website or the Services exclusively in state or federal court located in Sacramento County, California. You agree to submit to the personal jurisdiction of the courts located in Sacramento County, California for the purpose of litigating all such claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF RELATED TO THE WEBSITE, THE SERVICES OR THE AGREEMENTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.