The information provided is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws. All users who are minors in the jurisdiction in which they reside (under the age of 18) must not use the Website. Persons under the age of 18 are not permitted to register and use our Services.
You accept and agree to be bound by this Agreement during the registration process and by continuing to use our Services and Website. If you do not abide by this Agreement or any modifications we make to it in the future, you must cease the use and access of our Website and Services immediately
ProxyHQ LLC bills you through a third-party online billing account for purchases of products and/or services. You agree to pay all charges at the prices in effect for the products you or other persons using your billing account may purchase, and you authorize charges to your chosen payment method for any such purchases. If you have ordered a product or service that is subject to recurring charges then you consent to the charging of your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until you cancel the applicable product or service. We reserve the right to correct any errors or mistakes in pricing made even if the payment has already been requested or received. Sales tax may be added to the sales price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD.
All refunds are issued under the discretion of ProxyHQ LLC. Refunds will be issued based on the amount of unused data (if applicable). For example, when a percentage of data purchased by the user is consumed, the refund can only be issued based on the percentage of data remaining from that purchase. Furthermore, if the reason for a refund request is unrelated to any issues, errors, or bugs in regards to our own Services and Website, we reserve the right to deny the request.
You may not access or use the Website and Services for any purpose other than that for which we make it available. Prohibited activity includes but is not limited to: using the Service in any manner that could damage, disable, overburden, or impair our servers or interfere with any other persons use and enjoyment of the service; attempts to gain unauthorized access to any aspect of the Service or information which you have not been granted access.
Intellectual Property Rights
The content on our Website ("Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to ProxyHQ LLC, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ProxHQ in the United States and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission by us. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted to you in and to the Website, Content, and Marks.
Third Party Websites and Content
Our Website contains links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through our Website or any Third Party Content posted on, available through or installed from our Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement by us. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Website or relating to any applications you use or install from our Website.
We reserve the right but do not have the obligation to:
Monitor the Website for violations of this Agreement;
take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's contribution or any portion thereof that may violate this Agreement or any Company policy;
under our sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
otherwise manage the Website in a manner designed to protect the rights and property of ProxyHQ LLC and others and to facilitate the proper function.
Term and Termination
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below. Without limiting any other provision of this Agreement, we reserve the right to deny access and use of the Website and Services to any person for any reason, including without limitation, breach of any representation, warranty, or covenant contained in this agreement or any applicable law or regulation. We may terminate your use of the Website and Services, delete your profile and any information you have posted at any time, without warning, under our sole discretion.
In order to protect the integrity of the Website and Services, we reserve the right at any time under our sole discretion to block certain IP addresses from access.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We may modify this Agreement from time to time. Any and all changes will be posted on the Website and revisions will be indicated. You agree to be bound to any changes to this Agreement when you use our Services after any such modification becomes effective. We may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or Services shall be governed and construed by the laws of the State/Commonwealth of Michigan, excluding such state's conflicts of law rules. Any legal action of whatever nature by or against us arising out of or related in any respect to this Website and our Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over USA County, State Michigan; subject, however, to the right of our Company, at our sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Services (including your visit to or use of the Website and/or the Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.
We cannot control the nature of all of the content available on the Website. We do not represent or imply that we endorse any blogs, contributions or other content available on or linked to by our Website, including without limitation content hosted on third party websites or provided by third party applications, or that we believe contributions blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on our Website or in connection with any contributions. We are not responsible for the conduct, whether online or offline, of any user of the Website or Services.
You agree that use of our Website and Services will be at your own risk. We make no warranties or representations about the accuracy or completeness of our content or the content of any websites linked to ours and assume no liability for any of the following: Errors, mistakes, or inaccuracies of content and materials; Personal injury or property damage whatsoever, resulting from your access; Any unauthorized access to our servers or any and all personal information and/or financial information stored therein; Any interruption of transmission to or from the Website or Services; Any bugs, viruses, Trojans, or the like which may be transmitted to or through the Website by any third party; Any error or omissions in any content posted or made available via the Website; You should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event shall we, our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, incidental, or special punitive damages, including lost profit, revenue, data, or other damages arising from your use of the Website or Services, even if we have been advised of the possibility of such damages.
Certain state laws may not allow limitations of certain damages on implied warranties.
If you are a California resident, you waive California civil code section 1542, which states: “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.”
You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your contributed content, use of our Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the our Services, as well as data relating to your use of the Services. You are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreements and transactions. This applies to all records and all transactions you enter relating to our Services, including notices of cancellation, policies, contracts, and applications.
This Agreement constitutes the entire agreement between you and ProxyHQ LLC regarding the use of the our Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed sever-able from this Agreement and does not affect the validity and enforcement of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and ProxHQ as a result of this Agreement or use of the Website and Services. Upon our request, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
If you have any questions about our Terms and Conditions Policy, please contact us by email: [email protected]