1. Communications are provided "as is", with all faults. To the extent permitted by law, "proxyelite. biz and the indemnified parties hereby disclaim all warranties, express or implied, including, without limitation, warranties that are free from defects, merchantability, fitness for a particular purpose, or non-infringement of third party rights. You assume the entire risk with respect to the use of communications for your purposes and with respect to the quality and performance of communications, including, without limitation, the risk of removal or damage to your software, hardware or content, or unauthorized access by unauthorized persons to your information, and misuse or misappropriation of your submission by other users. This limitation applies in situations where there is no significant application of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
2. Except as required by law, “proxyelite. biz and the indemnified parties shall not be liable for any direct, indirect, special, special or consequential damages arising out of or in any connection with these terms of use or the inability to use communications, including, without limitation, direct and consequential damages from - for loss of reputation, loss of profits, loss of data and failure or malfunction of a computer, even if the possibility of such damages was known, and regardless of the theory (contract, tort or otherwise) on which the claim is based. The joint responsibility of "proxyelite. biz" and the indemnified parties under this agreement does not exceed $500 (five hundred dollars). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
3. Indemnification: You agree to defend, indemnify and hold harmless "proxyelite. biz, its contractors, employees, licensors and partners, and their respective directors, officers, employees and agents (“indemnified parties”) from any third party claims and costs (including legal fees) arising out of your use of our communications (including, without limitation, your submissions or your violation of any of these terms).
