Terms of Use

This website (the “Site”) is operated by or for ProxyDME, LLC. under the tradename ProxyDME (“ProxyDME” or “we” or “us”). By accessing or using this Site (including any current and future version of the Site) and/or downloading/using/relying upon any material, information, measurements, software or services available thereon (collectively “Content”), you agree to the terms and conditions that follow as they may be modified from time to time by us (the “Terms of Use”) and acknowledge that you are forming a binding, enforceable legal contract between you and ProxyDME. By accessing or using the Site and/or downloading/using content, you represent and warrant that you have the right, power, and authority to agree to and to be bound by these Terms of Use and to enter into a legal contract. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and to be bound by these Terms of Use and/or enter into a legal contract, you must immediately cease use of the Site.

General

ProxyDME has the right but not the obligation, in its sole discretion and at any time, to change or discontinue any aspect or feature of the Site, including, without limitation, the Content, hours of availability, and equipment needed for access or use of the Site. The Site is designed to provide information about, and access to, ProxyDME’s Content. The Content, information, materials and services offered on the Site are provided solely for general information. Your use of the Site is conditioned on the understanding that ProxyDME is not engaged in rendering business, marketing, advertising, sales or other professional services or advice, and your use of this Site and its content is entirely at your own risk. The Content, material, information, software or services available on the Site is not guaranteed to be accurate or effective and is offered solely on a best-efforts basis. In addition to your use of the Site, your use of Content is subject to the additional terms, disclaimers and caveats that appear in these Terms of Use and throughout the Site.

Limitation on Use of Site and Content
The Content available at the Site is not available for use, and should not be used, by residents of countries, states, or other localities in which ProxyDME is not licensed as may be required by applicable national, state or local laws, statutes or regulations, or in which such use is otherwise restricted or prohibited.

Use of Site

Any Content, including, but not limited to, data, text, software, music, sound, photographs, images, graphics, video and messages contained on this Site, is or may be proprietary to ProxyDME, its licensors and/or contributors of such content. The look and feel, appearance, organization and layout of the Content are proprietary to ProxyDME and are protected by copyright and other laws. ProxyDME hereby grants to you a nonexclusive, nontransferable license to use only those portions of the Content that are made available to you by ProxyDME on the Site, subject to and in accordance with the terms and conditions of these Terms of Use and any other limitations and conditions established by ProxyDME from time to time. You may not, except as expressly set forth above, or otherwise expressly or impliedly provided on the Site: (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Content; (b) modify, merge or create derivative works of any portion of the Content; or (c) decompile, disassemble or reverse engineer the Site or any Content on the Site. When using the Site, you may not:
upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) you know or, with the exercise of reasonable effort, should know to be false, misleading, or otherwise unreliable; or (d) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
encourage or engage in illegal activity;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, e-mail or otherwise transmit any (a) material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;
violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance;
engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;
use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any content contained thereon without our prior expressed written permission; or use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the Content.

Ownership

Subject to our Privacy Policy, you acknowledge that ProxyDME, its licensors and/or contributors of Content to the Site (collectively “Content Owners”) have and shall at all times retain exclusive ownership of all proprietary rights in or to such Content, including, where applicable, the format and presentation thereof. You shall have no right or interest in any Content except the right to use the Content as set forth in these Terms of Use. You acknowledge that the Site and the Content has been created, compiled, prepared, selected and arranged by the Content Owners through the expenditure of substantial time, effort and money, and that it constitutes the valuable property and confidential copyrighted information of the Content Owners (“Proprietary Information”). You agree to take all necessary precautions to maintain the integrity and confidentiality of such Proprietary Information, to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, and to not remove, conceal or obliterate any copyright management information or other proprietary notice included in the Content. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such action.
Subject to our Privacy Policy, unless otherwise stated in a written agreement between you and ProxyDME, with respect to all information, data, text, software, music, sound, photographs, images, graphics, video, messages and other Content you may elect to upload, post, e-mail or otherwise transmit to or via the Site (“User Content”), you grant ProxyDME, its affiliates, and licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, reformat, perform, display, transmit, publish, translate, prepare derivative works of, distribute, sell, and take any other action (including destroying User Content) with respect to User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that ProxyDME may preserve any User Content and may also disclose User Content in its discretion. You represent and warrant that (a) you own or have the full right, power and authority to grant to ProxyDME use of and rights in and to all User Content, whether owed by or licensed to you by a third party; (b) your license of User Content to ProxyDME hereunder does not, and the license of User Content by ProxyDME.com to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to User Content.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT (A) PROXYDME INC. AND ITS RESPECTIVE OWNERS, OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING CONTENT SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR INTERPRET THE SITE, CONTENT, BLOG POSTS, ARTICLES, VIDEO AND AUDIO CLIPS, SOFTWARE OR SERVICES, OR ANY OTHER SITE, CONTENT OR SOFTWARE, SERVICES YOU ACCESS THROUGH A LINK FROM THE SITE, CONTENT SOFTWARE, OR SERVICES, OR FROM ANY ACTIONS PROXYDME MAY TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC OR OTHER MESSAGES YOU SEND US. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. BECAUSE YOU ARE ALLOWED TO USE THE SITE, CONTENT, BLOG POSTS, ARTICLES, VIDEO AND AUDIO CLIPS, SOFTWARE, AND SERVICES WITHOUT CHARGE, (A) PROXYDME, AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT, SOFTWARE OR SERVICES SHALL HAVE NO LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER. YOU RELEASE (A) PROXYDME AND ITS RESPECTIVE OWNERS, OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT, SOFTWARE, AND SERVICES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND ANY OTHER DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, CONTENT, BLOG POSTS, ARTICLES, VIDEO AND AUDIO CLIPS, SOFTWARE, AND SERVICES.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, IN THE UNITED STATES, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE WILL PROXYDME OR ANY OF ITS RESPECTIVE OWNERS, OFFICERS, AGENTS, DIRECTORS, PARTNERS, AND EMPLOYEES BE LIABLE IN ANY WAY FOR ANY USER CONTENT OR ANY USER’S USE OR INTERPRETATION OF THE SITE, CONTENT, SOFTWARE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN OR ON THE SITE, CONTENT, SOFTWARE OR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, CONTENT OR SERVICES. PROXYDME SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND PROXYDME CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES OF WHATEVER NATURE, ACTS OF GOD, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING CONTENT OR SERVICES.

Your Liability

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE, CONTENT, SOFTWARE OR SERVICES OR THE SYSTEMS TRANSMITTING THEM TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.

Monitoring

ProxyDME shall have the right in its sole discretion, but not the obligation, to refuse to post or to remove any material submitted to or posted on or made available through or from the Site. Without limiting the foregoing, ProxyDME shall have the right, but not the obligation, to remove any material that ProxyDME, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnity

You agree to indemnify and hold harmless ProxyDME and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys’ fees), arising out of or relating to your use of the Site or its Content. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. ProxyDME reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of ProxyDME.

Remedies for Breach

Upon your breach of any of the provisions of these Terms of Use, ProxyDME’s remedies shall include but not be limited to any monetary benefits that accrued to you as a result of the breach, any damages incurred by ProxyDME related to such breach, and any other damages and relief available at law or in equity. If ProxyDME retains any third party to obtain any remedy to which it is entitled under these Terms of Use, ProxyDME shall be entitled to recover all costs, including attorneys’ fees or collection agency commissions that ProxyDME incurs.

Trademarks

The Site employs various trademarks and service marks of ProxyDME. You may not use or display such marks in any manner without the prior written permission of ProxyDME. This Site also employs other trademarks and service marks that are the property of third parties, or are licensed to, or owned by ProxyDME. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Third Party Content and Services

ProxyDME is not a publisher of Content and/or services supplied by third parties and users of the Site, but rather utilizes automated processes to compile and present such Content and/or services. Accordingly, ProxyDME has no editorial control over such Content and/or services. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information providers and users, are those of their respective author(s) or distributor(s) and not of ProxyDME. In many instances, the Content available through the Site represents the opinions and judgments of the respective information provider or user. ProxyDME neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized ProxyDME employee spokespersons while acting in their official capacities. Such Content, when posted by authorized ProxyDME employee spokespersons, shall be clearly marked as such.Viruses
ProxyDME assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Export Control

Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. ProxyDME does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

Business Associates

The business associates of ProxyDME identified on the Site are independent contractors of ProxyDME. Any such business associates are not joint venturers or partners of ProxyDME. No employee or representative of such business associates is under the control of ProxyDME.

Cookies
[cookie_declaration]

Links

The Site includes links to other online sites or locations, such as news and other information, some of which may be operated by ProxyDME and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and it is your responsibility to comply with such other terms and conditions.

Miscellaneous

These terms of use constitute the entire agreement between you and ProxyDME with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of New Hampshire, acknowledge that venue is proper in any state or Federal court in the State of New Hampshire, agree that any action related to these terms of use must be brought in a state or Federal court in the State of New Hampshire, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. You further agree to submit any dispute to binding arbitration, if ProxyDME in its sole and absolute discretion elects to submit the dispute to binding arbitration. In such event, the binding arbitration proceedings shall be conducted in accordance with the rules of the American Arbitration Association in the State of New Hampshire, and the decision rendered in arbitration may be submitted in any court in the State of New Hampshire having jurisdiction. The cost of arbitration shall be borne by the party that does not prevail, unless it is determined in arbitration that the costs should be shared in some proportion by both parties. IF YOU DO NOT AGREE WITH THE TERMS OF THIS SECTION, THEN DO NOT USE THIS WEBSITE.
No waiver by ProxyDME of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Statement effective as of January 1, 2022.