Guarantees and Responsibilities

1. Communications are provided "as is", with all faults. To the extent permitted by law, "ProxyElite.Biz" and the released parties hereby disclaim all warranties, express or implied, including, without limitation, warranties of non-infringement, merchantability, fitness for particular purposes, or absence of third-party rights infringement. You assume all risks related to the use of the communications for your purposes and regarding the quality and performance of the communications, including, without limitation, the risk of deleting or damaging your software, hardware or content, or unauthorized access by third parties to your information, as well as misuse or unauthorized acquisition of your submission by other users. This limitation applies in situations where any remedies may not be substantially applied. In some jurisdictions, the exclusion or limitation of implied warranties is not permitted, so this disclaimer may not apply to you.

2. Except as required by law, "ProxyElite.Biz" and the released parties shall not be liable for any direct, indirect, actual, real, or consequential damages incurred as a result of or in any way related to these terms of use or the inability to use the communications, including, without limitation, direct and indirect damages due to loss of reputation, lost profits, data loss, and computer failure or malfunction, even if the possibility of such damages was known and regardless of the theory (contract, tort, or otherwise) upon which the claim is based. The total liability of "proxyelite.biz" and released parties under this agreement shall not exceed $500 (five hundred dollars). In some jurisdictions, the exclusion or limitation of liability for incidental or consequential damages is not allowed, so the above limitations may not apply to you.

3. Indemnification: You agree to defend, indemnify, and hold harmless "ProxyElite.Biz", its contractors, employees, licensors, and partners, as well as their respective directors, officers, employees, and agents ("released parties") from any third-party claims and expenses (including court costs) arising from your use of our communications (including, without limitation, your submissions or your breach of any of the terms).