Terms of Use

Last updated: October 18, 2021

Disclaimers

By accessing services ("Services") that are owned, monitored, or operated by Prox Devices, Inc. ("Prox Devices") such as the Prox Devices' website and social media sites, or by using products in the form of devices or firmware ("Products") that are generated, created, sold, distributed, licensed, patented, pending patents, or copyrighted by Prox Devices, such as the Prox PRD™, you are accepting and agreeing to be bound by the terms and conditions set forth below (the "Terms").

The contents published in this document are believed to be accurate and reliable as of the date above. However, Prox Devices does not give any representation or warranties, expressed or implied, as to the accuracy or completeness of the information and shall have no liability for the consequences of use of such information.  The Terms do not create an obligation for Prox Devices under any circumstances unless specifically stated.  Prox Devices reserves the right to make changes to the Terms at any time and without notice, at its sole discretion including, without limitation to, specifications and Product descriptions.

This document supersedes and replaces all Terms provided prior to the publication hereof. Products are not designed, authorized, or warranted to be suitable for use in applications where failure or malfunction can reasonably be expected to result in personal injury, death, property loss, property damage, or negative environmental impact.  Prox Devices accepts no liability for inclusion and/or use of the Products in such scenarios and/or applications, and therefore such inclusion and/or use is solely at your own risk and responsibility.

If the Terms have been modified, and you continue to use the Products and/or Services, you are agreeing to be bound by the modified Terms.  If you don't agree to be bound by the modified Terms, then you must discontinue their use.

License

Subject to your compliance with these Terms, Prox Devices grants you limited use to pair the Product to devices that you own or control. Prox Devices reserves all rights in and to the Product and Services not expressly granted to you under these Terms.  You may not copy, modify, or create derivative works based on the Product or Services, and you may not reverse engineer , decompile, or disassemble the Product through any means for any reason.

Alerts

Product is an alert reminder.  With the Product turned on and paired, you will receive separation alerts, if applicable.  In some instances, you have control over the alert frequency, alert distances, and the alert tunes. In certain applications, these alerts may be temporarily paused at your discretion.  Note: When paired to a phone some phones do not provide the proper Bluetooth protocols during a software update, thus the Product may alert to notify you it is separated from the phone.

Content You Provide

You are responsible for the reliability, appropriateness, and legality of content, such as any images, comments, quotes, reviews, and other material and information, that you upload or post to our Services (your "Content").  You should only post or upload Content that you create or have the legal right to use and/or publish.  Prox Devices will not be responsible for any legal ramifications based on your Content.  By uploading or posting your Content, you give Proc Devices the right and full license to store, copy, modify, repurpose, create similar works of, publish, transfer, transmit, distribute, publicly display, or use your Content in connection with providing our Services.  You also agree that Prox Devices can make your Content available to other users of the Services, who may use your Content, subject to these Terms.

General Prohibitions

You agree not to do any of the following: a) attempt to reverse engineer the Product, profile, or protocol; b) use Services for any purpose, or for the benefit of any party, or in any manner not granted under these Terms; c) download content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search engines provided by Prox Devices or other generally available third party web browsers; d) use the Services in a manner which would violate any applicable law or regulation or give rise to civil liability or promote or engage in illegal or harmful activities; e) use the Services in a manner which is fraudulent, misleading, false, or deceptive; f) transmit any content from the Services that may violate other intellectual property rights such as patents, trademarks, copyrights, or trade secrets; g) transmit any content from the Services that may promote harm against another individual or group in manners such as, but not limited to, racism, discrimination, violence, threats, hatred, harassment, defamation, vulgarity, obscenity, or pornography; or h) encourage or enable any other person to do any of the above.

Copyright Policy

If Prox Devices is notified that any Content, which has been posted on the Services, violates a third-party copyright, Prox Devices will take reasonable steps to remove or disable access to the infringing Content.

Notice of claims of copyright infringement should be sent to our legal department either via email at info[at]proxdevices[dot]com or by mail addressed to Prox Devices, Inc., Attn: Legal Department/Copyright, 200 Industrial Road, Suite 130, San Carlos, CA 94070-6297.

External Links

Services may contain links to content provided by third parties ("External Links").  External Links are based on public and industry information obtained from sources believed to be reliable and are provided for reference only. Prox Devices makes no representation as to the accuracy or completeness of such information and has performed no procedures to corroborate the information.  Prox devices is in no way responsible for External Link content nor does Prox Devices endorse any of this content.

Prox Devices provides External Links as a convenience and under no circumstances does Prox Devices claim any association. Access to External Links is entirely at your own risk and any charges or obligations you incur in your dealings with these third parties are your responsibility.  External Link websites are subject to their own terms and policies, including privacy and data gathering practices.

Ownership

You acknowledge that all Prox Devices intellectual property rights regarding the Products or Services, including the underlying firmware, technology, user experience, methods, and the information and overall content available on the Services, are owned by Prox Devices and are protected by the full extent of the law where applicable under copyrights, patents, pending patents, trademarks, and local and federal laws.  If you provide any comments, ideas, feedback, suggestions, or recommendations, to Prox Devices regarding the Products or Services ("Feedback"), Prox Devices can use this Feedback for any purpose and without any obligation to you.  By providing Prox Devices with Feedback, you give Prox Devices full rights to use the Feedback which includes giving Prox Devices unlimited, nonexclusive, perpetual, irrevocable, royalty-free, fully-paid license and sublicensable rights to use and exploit in any unrestricted manner throughout the world, any and all Feedback.

Termination

Your access to any Services can be terminated or suspended at any time, for any reason, at Prox Devices' sole discretion.  You may voluntarily terminate access or use of the Products or Services at any time.  Upon termination, all rights and/or licenses granted to you in these Terms shall immediately end.

Limitation of Liability

Except as required by law, Prox Devices will not be responsible for any loss of Product, loss of phone, loss revenue, loss profit, loss of information, cost of replacement Product, or any consequential or punitive damages regardless of liability relating to the use of Product or Services, and liability is limited to the amount paid by you for the Product if paid within the previous twelve (12) months before the claim was made.

General Provisions

These Terms constitute the entire agreement between Prox Devices and the customer with respect to the subject matter, and supersedes any prior understandings and agreements. These Terms will be governed and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles.  If any part of these Terms is determined to be invalid or unenforceable by a Court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Contact Us

If you have further questions about these Terms, please reach out to us at info[at]proxdevices[dot]com.