Welcome to the Proximetry, Inc. (“Proximetry”) web site (the “Web Site”). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Web Site. Proximetry reserves the right to change the Terms without notice.
Copyright and Trademark Information
All materials provided on this Web Site and the design of this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (“Materials”), are provided by Proximetry. The Materials are the copyrighted property of Proximetry. All Proximetry product names, service names, slogans or logos referenced in this Web Site are trademarks of Proximetry, Inc. All other company, product or service names referenced in this Web Site are used for identification purposes only and may be trademarks of their respective owners.
Use of Web Site Information
Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Proximetry. Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Proximetry authorizes the viewing, downloading, and printing of the Materials subject to the following conditions:
- The use of such Materials is personal in nature and not for resale or commercial use;
- Such Materials shall not be modified or altered, or distributed, published, posted, or transmitted without the express written consent of Proximetry;
- There shall be no removal of any proprietary notices, including copyright notices;
- There shall be no transfer of title; and
- Proximetry may revoke the use of such Materials for any reason or no reason at all at anytime.
Links to Other Web Sites
Links to third party web sites on this Web Site are provided solely as a convenience. If these links are used, the user will leave this Web Site. Proximetry has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Proximetry does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. Any access of the third party sites linked to this Web Site, is done entirely at the user’s own risk.
All matters relating to the access and use of this Web Site shall be governed by the federal laws of the United States and the laws of the State of California. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with access and/or use of this Web Site shall be in San Diego County, California if in state court and in the Southern District of California if in Federal Court.
You agree to indemnify, defend and hold Proximetry harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this Web Site.
Disclaimers and Limitation of Liability
THE MATERIALS CONTAINED ON THIS WEB SITE MAY BE OUT OF DATE OR INCLUDE INACCURACIES AND OTHER ERRORS. ALL MATERIALS ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROXIMETRY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL PROXIMETRY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF PROXIMETRY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST PROXIMETRY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD PROXIMETRY HARMLESS FROM, AND YOU COVENANT NOT TO SUE PROXIMETRY FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
Legal Contact Information
If you have any questions about these Terms please contact the Proximetry Legal Department at 619-704-0020.