“Behavioral Violations” means a business that has engaged in unfair business practices that include, but are not limited to, tampering with reviews, bullying behavior with a reviewer, consumer protection, taking deposits and failing to complete work, financial compensation for positive reviews or false advertising.
"Applicant/Claimant Company" means a company claiming a company profile created on ProxiVie for this same company by a user or a third party.
“Company” means a company or individual entrepreneur whose information and contact details are published on the Services.
"Company Profile" means an aggregation of accounts, data files, settings, photographs, reviews, ratings and descriptions containing certain information about a company provided to ProxVie by service providers, users and/or third parties;
"Content" means any text, image, or other form of data or information that you provide, upload or transmit to, or in connection with the Services, including, but not limited to, ratings, reviews, comments, posts and any profile information you choose to make public.
“User Content” means content that you or other users submit or transmit to or in connection with the Services.
“Service Provider(s)” means a company or companies that provide home business services to Users who may or may not be an Applicant.
“User/Users” means a natural or legal person who visits/uses/interacts with the Services to obtain a benefit or contribute content, and who may or may not be a service provider or an applicant.
Users may be subject to controls, before being able to register on the ProxivIe Platform but also during their use of it. These checks may include, but are not limited to, identity and criminal record checks. To carry out these checks, ProxiVie may use services provided by third parties, where applicable (the “Background Checks”).
Although it can carry out background checks, ProxiVie is in no way able to confirm that each User is who he claims to be. Furthermore, ProxiVie cannot assume any responsibility for the accuracy or reliability of the information relating to Background Checks, and declines all responsibility in this regard.
When communicating with other Users, you should exercise caution and common sense so as not to compromise your personal security and to protect your data and property, as you would when talking to people you don't know. ProxiVie declines all responsibility in the event of false declaration or misleading declaration made by Users of the ProxiVie Platform.
All Users represent and warrant that:
The Service Providers further declare and warrant the following:
You acknowledge and agree that a legally binding contract (a "Service Agreement") is formed when you come to an agreement on the terms of a Service with another User. The terms of the Service Contract include the conditions set out in this article 3, the conditions of engagement proposed and accepted on the ProxiVie Platform, and all other contractual conditions accepted by both the Service Provider and its Client insofar as these terms are not conflicting with the terms of this Agreement, including this Section 3, and do not extend ProxiVie's obligations or restrict ProxiVie's rights under this Agreement. ProxiVie is not a party to any Service Agreement and the formation of a Service Agreement will in no way create an employment or service relationship between ProxiVie and the Service Provider, or create an employment relationship between the Client and the Service Provider. Users are not authorized to enter into written or oral agreements — implicit or express — in the name and on behalf of ProxiVie. The role of ProxiVie, beyond enabling the connection of Clients and Service Providers through its web-based communication platform, is to act as a limited payment collection intermediary for the Service Provider in order to to facilitate the payment of the Services in the name and on behalf of the Service Provider through the ProxiVie Platform by using the PSP. By intervening as a limited payment collection intermediary for the Services on the ProxiVie Platform, ProxiVie excludes any other activity of mandate or authorization to intervene in the name and on behalf of the Service Provider, and declines all responsibility for acts or omissions of the Provider, whether on the ProxiVie Platform or outside of it.
After obtaining the Customer's prior agreement, the Service Provider is not obliged to perform the Service personally. The Providers may engage assistants, aides, contractors or other personnel (collectively, “Assistant Providers”). For security reasons, the background of these Service Provider Assistants must have been verified through the ProxiVie Platform. Failure to comply with this condition by a Service Provider constitutes a violation of these General Conditions and could lead to its exclusion from the ProxiVie Platform. The Service Provider assumes full and entire responsibility for acts and omissions committed by these Assistant Service Providers and is fully responsible for the payment of all remuneration and benefits as well as the reimbursement of the expenses of the Assistant Service Providers, if any, as provided for by law in effect, and all withholding taxes required and applicable thereto. It is the Clients' responsibility to confirm with their Provider that all Assistant Providers are Registered Providers on the ProxiVie Platform and Clients understand that they are entering into separate Service Agreements with the Provider and each Assistant Provider.
When using the ProxiVie Platform, Clients, at their sole discretion, indicate whether or not they will be present during the performance of a Service. Customers who choose not to be present when a Service is performed agree that if a person other than themselves books the Service in their name and on their behalf or is present when the Provision of service, they designate this person as their representative (the "Client's Representative") and the Service Provider may take any instructions from the Client's Representative and comply with them as if they came from the Client himself. If you are a Client Representative and you access the ProxiVie Platform and use it in the name and on behalf of the Client, you declare that you are authorized to act as a representative of this Client and to engage the responsibility of this last as principal under all the stipulations of the General Conditions. The Client assumes full and entire responsibility for the acts and omissions committed by the Client Representatives. Customer Representatives are considered third parties for the purposes of the Satisfaction Promise and are therefore excluded.
The Client shall pay its Service Provider(s) the full amount for which it is liable for the services provided within the framework of the Provision of Service, through the PSP, as indicated on the ProxiVie Platform, at the rates agreed by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement, during the engagement, performance and completion of a Service.
Users of the ProxiVie Platform conclude any contract for the performance of services directly with other Users. ProxiVie is not a party to any contract relating to the performance of a Service or a service. Payment for services provided under the provision of services through the ProxiVie Platform is made directly by the Client for the benefit of the Service Provider, through the PSP, and not by ProxiVie. ProxiVie has no obligation to compensate a Service Provider in the event of non-payment of services by a Client.
Payment for a Service, service fees and platform fees must be paid through the PSP. Users of the ProxiVie Platform are required to provide information relating to their means of payment to ProxiVie and the PSP. It is up to the Service Providers to invoice their services to their Customers accurately within twenty-four (24) hours of the performance of the services, even if the Service provision is not fully completed or if its status is " running ". Customers will be responsible for the payment of the invoice(s) corresponding to each Service Provision (the “Invoice(s)”) on which must appear (a) the pricing conditions of the Service Provision communicated by the Service Provider and agreed by the parties (the "Service Delivery Payment"), (b) any costs agreed by the parties and indicated by the Service Provider in connection with the performance of the Service Delivery; (c) the service fees that ProxiVie indicates to the Client as being due for the use of the ProxiVie Platform; and (d) the platform fees (sometimes referred to as trust and support fees) indicated to the Client by ProxiVie, which are used to offset the costs incurred by ProxiVie in connection with the provision of customer support to Users, the Satisfaction Promise and various other business purposes, or (e) cancellation charges, if any. In addition, a tip or courtesy, as the case may be, may be added to the Invoice(s) by the Customer or on his instructions. Any tip or gracious gesture will be paid directly to the Service Provider. Customers may also be charged a credit card processing fee equal to 3% of the total amount of expenses if the expenses related to a specific Service Delivery, or to Services cumulated over a period of thirty (30) days, exceed $300.00. Providers will be responsible for paying (i) registration fees, if any (ii) cancellation fees, if any, and (iii) refunding erroneous payments.
The Service Providers will have to create an account with the PSP, which may require the performance of one or more of the following operations: registration with the PSP, acceptance of the terms of use of the PSP's services (the "Agreement of Service of the PSP”) and the implementation of an account verification and/or validation process at the request of the PSP. By accepting these General Conditions, each Service Provider acknowledges having downloaded or printed, read and accepted the PSP Service Agreement. It is specified that ProxiVie is not a party to the PSP Service Agreement and that you, the PSP and any third party referred to in the PSP Service Agreement are parties to the PSP Service Agreement, and that ProxiVie has no obligation or liability to any Provider or any third party under the PSP Services Agreement.
When the client receives confirmation, through the ProxiVie Platform or by email, of the completion of a Service, the Client automatically authorizes the PSP to process the invoice(s). Users may be billed, through the PSP, cancellation fees as compensation, corresponding to one hour of work at the Service Provider's hourly rate, if they book (or accept) a Service but cancel before (or do not show up) at the scheduled time for its performance.
ProxiVie reserves the right (but is not required), at the request of the Client or the Service Provider, or in the event of notification of a possible fraud, application of unauthorized charges or any other misuse of the Platform ProxiVie, to put on hold any Payment for Service Provision, any reimbursement of costs and/or the payment of a tip or a courtesy (if applicable), to proceed with a reimbursement or to grant credit notes, or to arrange for the PSP to carry out these operations.
Users of the ProxiVie Platform will be liable for any tax (including TPS and QST, where the Service Provision is performed) to be paid on the Services provided under the Agreement.
Payments for ProxiVie Fees are immediately due and payable to ProxiVie upon provision of the applicable Services, and are final and non-refundable, except as set forth in the Terms (or, if applicable, ProxiVie Guarantee). You acknowledge and agree that your purchases of services and products directly from a service provider are transactions between you and that service provider, and not with ProxiVie. When you use a credit card to pay the Fees, you represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the Fees. You agree not to initiate any chargebacks with your credit card issuer unless and until you have exhausted all attempts to resolve disputes directly with ProxiVie,
In the limited cases where we authorize the return of a ProxiVie product, the purchase price will be credited to your ProxiVie account. No refunds will be granted.
If you are a user receiving services from a Service Provider, your rights will be governed by your contract with the Service Provider and applicable federal, state, and local laws. ProxiVie will provide reimbursement for the Service Provider's work only in limited circumstances as described in the ProxiVie Guarantee.
Payments for ProxiVie fees that meet our requirements for a refund rather than a credit to the account (as stated in the Terms) will be refunded to the original method of payment. If you paid with a credit card, we will issue the refund only to the card you used for payment, not to another card. If the card used to make the payment is inactive or has been canceled, the card issuer must apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
Of no interest. You acknowledge and agree that funds in your account within the Services will not accrue interest and that you are not entitled to any interest earned or otherwise resulting from the balances of any account within the Services.
Inactive Accounts. If a user account remains inactive for one year or more, ProxiVie reserves the right to terminate the account, including any credits, incentives, rewards or the like associated with the account.
Modification of the Services. We reserve the right to modify, restrict access to or discontinue the Services (or any part of the Services), temporarily or permanently, with or without notice, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new functionality that augments or improves the current Services will be subject to these Terms.
Termination; No Rights to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license relating to the Services, in whole or in part, and to terminate, limit or prevent future access and use of the Services by any User or Service Provider , at any time and for any reason (including those specifically described in these Terms).
If you are a Service Provider, the terms of this Part 3 also apply to you.
Licenses, qualification and insurance. If you request, accept or perform services through the Services, you agree that:
You agree that, by performing the work you have received through the Services:
If you subcontract any part of the work, it is your responsibility to ensure that your subcontractors meet all the requirements of the Terms applicable to Service Providers, including those relating to qualifications, licenses, insurance, use and security. data, and compliance with applicable law. Any action or omission by your contractor that would constitute a breach if committed by you will be considered a breach of the Terms by you.
ProxiVie may provide you with personal information relating to users seeking services. You agree that:
you will not represent that you are an employee or agent of ProxiVie. Although ProxiVie books, manages and processes payment for your work, you are not an employee or agent of ProxiVie and you only, and not ProxiVie, are responsible for your work.
You agree to cooperate with ProxiVie if we attempt to facilitate the resolution of any dispute or customer complaint between you and a user to whom you provide (or have been booked to provide) services or advice. However, we will not be liable to you, the user or anyone else for the resolution (or failure to resolve) of such matter. We reserve the right to charge you for any amounts we pay to a user in connection with any such dispute or complaint, including disputes regarding your performance or failure to perform the Services, and you agree to reimburse ProxiVie for such payments and for any costs, expenses or attorneys' fees we incur in connection with such litigation.
You agree that ProxiVie has the right to disclose any information we have about you to any authority requesting information from us regarding any service or advice you have provided or offered to provide or any service we have provided to you.
You agree to properly register to collect sales, use, excise and other taxes, duties and other governmental assessments in connection with your products or services ("Taxes"), and to collect and remit such taxes to the applicable tax authorities. You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable taxes on the provision of your services to users, except for taxes or tax-related payments that ProxiVie is itself required by law to collect or retain. You agree that you, and not ProxiVie, are solely responsible for all tax-related matters. You agree to provide a current and correct W-9 to ProxiVie upon request.
We may access and monitor your ProxiVie Account and Usage and Communication Information. We may monitor, review and use such Account and Usage and Communication Information as we deem appropriate. This applies, among other things, where reasonably necessary to confirm the status of project requests where we have connected you with a user and also to investigate complaints or billing issues or otherwise to provide services to you and to verify information you or users have provided.
You will be asked to open an account and may need to complete a profile in connection with the Services. You agree to promptly complete your profile and provide us with such additional information as we reasonably request; provide accurate, complete and up-to-date information in connection with the Services; and keep this information current, complete and correct.
You understand and acknowledge that the quantity and quality of your information (including the quantity and quality of profile data, project activity and approvals) will affect your exposure within the Services.
You agree that ProxiVie may suspend or terminate your ProxiVie account if it remains inactive for 60 days or more, or if you do not respond to active communications from ProxiVie for 30 days or more.
If you receive confidential information from ProxiVie, until such information is no longer confidential, you agree not to use or disclose it to any third party except as necessary to fulfill your obligations contemplated by our relationship. Confidential information includes, but is not limited to, information regarding ProxiVie fees, marketing plans, financial results, proprietary technology, research information, policies and practices, trade secrets, and any other information which is not generally known to the public.
You acknowledge that you are an independent contractor and that no agency, partnership, joint venture or employee-employer relationship with ProxiVie is intended or created by the Terms or any relationship between us, that you have no power or authority to take commitments on behalf of ProxiVie, and that ProxiVie does not have the power or authority to make commitments on your behalf. You are solely responsible for the supervision, direction and control, compensation, benefits and deductions of all your personnel.
As a service provider, you agree and acknowledge that ProxiVie cannot and does not guarantee the results of the services provided by ProxiVie, including the exposure you will receive as part of the services, the number or quality of potential customers you will be in contact with, or whether a landlord will contract with you to carry out the work if you respond to their project request. You acknowledge that ProxiVie will determine in its sole discretion the manner and terms of services provided to Service Providers.
You agree that if ProxiVie is entitled under the Terms to payment from or reimbursement by you of any fees, expenses or other amounts, we may deduct such amounts from any amounts we owe you.
Notwithstanding anything to the contrary herein, you understand that in the event of willful misconduct by you against ProxiVie or any ProxiVie owner, customer or other user of ProxiVie services, including, but not limited thereto, fraud, theft, failure to perform services for which you have received a deposit or payment, or willful damage to property, ProxiVie will assess against you, in addition to all other costs, damages and penalties to which he may be entitled, charges equal to three times the dollar amount or value of such fraud, theft, withholding of unearned payments, willful damage or other willful misconduct. These costs will constitute damages to compensate ProxiVie for the time and efforts of ProxiVie employees, agents, representatives and attorneys to process, investigate and rectify your wrongdoing.Payment of these fees does not constitute a release and waiver of this or any other claim.
In addition, ProxiVie reserves the right to take legal action against you in the courts of Quebec or any other appropriate jurisdiction in the event that ProxiVie determines that you have committed fraud, theft or willful failure to perform services for which you have received a deposit or payment , or intentional damage to property to, against or involving ProxiVie or any user. You agree and consent to the personal jurisdiction and venue of the federal and state courts of Quebec, for any such legal action or proceeding.
No automated queries; No Harvesting. You may not access, download, monitor or copy any Content contained on or in the Postings or otherwise in the Services by any automated or artificial means (including screen and database scraping, spiders , robots, bots, deep links or any other similar element or equivalent automatic or manual process), or obtain or attempt to obtain in any way any Content by any means that ProxiVie does not intentionally make available via the Services. However, general purpose Internet search engines and noncommercial public records that use tools to collect information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception to the foregoing exclusion, provided whether they do so from a stable IP address or from a range of IP addresses using an easily identifiable agent that observes any limitations set forth in any applicable robots.txt file. You may not collect information about users or service providers for any purpose.
Children and minors, meaning persons under the age of 18, are not permitted to use the Site without supervision, and we therefore ask children not to submit any personal information to us. If you are under 18, you may only use this site with and under the supervision of your parents or legal guardians.
You will choose a password and account designation when you complete the registration process. You are responsible for maintaining the confidentiality of the username and password, and are responsible for any activity that occurs under your username and password or any breach of security and you will ensure that you exit your account at the end of each session. ProxiVie cannot be held responsible and will not be liable for any loss of password or breach of security.
The issuance of a username and password to an individual is to issue a right of access and a personal, non-transferable and non-exclusive license to use the services. You agree not to provide any other access to ProxiVie through your access information.
You are prohibited from using this Site in any way to create, upload, post or transmit, in any way, any material or information that: (I) is obscene, sexually oriented, hateful, discriminatory or defamatory, (ii) contains viruses or other contaminating or destructive features, (iii) infringes the personal, proprietary or intellectual rights of any third party, or (iv) otherwise violates any applicable law under the Terms of Service use of the Site.
You agree to indemnify and hold harmless ProxiVie and its subsidiaries, officers, agents or other partners and employees from any liability, claim or demand, including attorney's fees up to ten thousand dollars in Canadian funds ($10,000.00 CAD), which may be the result of or arise from: content you submitted, posted, transmitted or otherwise made available through the Service; your breach of the Terms of Service; your conduct or misconduct in dealings with other users of the Site or Services; or your violation of any rights of another.
To unsubscribe from our list, click "Unsubscribe from ProxiVie emails" found at the bottom of each email you receive from us, and choose which mailing list you wish to unsubscribe from.
Limited License and Copyright - Subject to these Terms, you grant ProxiVie a limited, non-exclusive, non-transferable right to access, use, and display the Services and text, graphics, or images viewable on them (the "Services") and to view and download the Services, solely in the context of your personal and non-commercial use of the Services. This authorization is not a transfer of ownership of the Materials and is subject to the restrictions of the Terms.
Trademarks - The trademarks, logos and company names of ProxiVie or any of its affiliates used on the Services may not be copied, imitated or used, in whole or in part,without prior written consent notice from ProxiVie or such affiliated company. Other products, services, logos and company names mentioned on the Services may be the trademarks of their respective owners. Except as expressly provided herein, ProxiVie and its affiliates do not grant you any express or implied right or license under any intellectual property right, including under any patent, trademark, copyright, trade secret or confidential information.
Non-infringement - You may not post or make available on the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner. You agree to assume full responsibility and indemnify ProxiVie for any damages resulting from any infringement of the copyrights, trademarks or other proprietary rights of any third party or any other damages resulting from your use of such infringing materials in a Notice, or on or in connection with the Services.
In no event shall ProxiVie or its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable to you for any direct, indirect, incidental, special, punitive or consequential damages, whether basis of warranty, contract, tort, or other legal theory, and whether or not you are aware of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. ProxiVie's maximum cumulative liability to you for any loss or damage arising out of or in connection with your access to the Services and any services contained therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the Services and any related service during the 12 months preceding the action giving rise to such liability (if any); or (ii) C$50 (fifty Canadian dollars), whichever is less. Use of the Services is at your own risk and ProxiVie assumes no responsibility for the content, your use of the Services or the receipt, storage, transmission or other use of your personal information.
The documents and information accessible through our Services may contain inaccuracies and typographical errors. ProxiVie and its affiliates make no representations or warranties about the accuracy or completeness of any materials or information accessible on or through our Services, or the reliability of any advice, opinion, statement, or other information displayed or distributed through our Services. . ProxiVie assumes no responsibility for the accuracy and completeness of any reviews. You acknowledge that any use of the foregoing will be at your own risk. ProxiVie shall not be liable to you or to any third party for any damages, expenses, loss of profits or potential profits of any kind suffered or resulting from or allegedly suffered or resulting from your use of the Services.
Your use of our services is at your own risk and, therefore, you hereby acknowledge and agree that we provide our services "as is", "with all faults" and "as available", including all content, services, functions and/or information made available through the Services. ProxiVie is not responsible for any content or information that you may find undesirable or objectionable. ProxiVie hereby disclaims all liability arising out of or relating to any alleged facts or information and descriptions of any product displayed on our Services, including all warranties of any kind, express or implied, including, without limit, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Any damage suffered as a result of the use, inability to use, failure of, or any omission or inaccuracy in our Services, any linked website or linked social media platform, or any service or content of the above. You understand that ProxiVie is a private company and has no connection with any government agency. Neither ProxiVie nor its employees, affiliates, contractors and/or agents warrant that the Services will be error-free, uninterrupted, secure or will produce particular results, that a quote is current, valid and/or unexpired, or that the information obtained therefrom will be reliable or accurate. No advice or information given by ProxiVie or its employees, affiliates, contractors and/or agents constitutes a warranty.You understand that ProxiVie is a private company and has no connection with any government agency. Neither ProxiVie nor its employees, affiliates, contractors and/or agents warrant that the Services will be error-free, uninterrupted, secure or will produce particular results, that a quote is current, valid and/or unexpired, or that the information obtained therefrom will be reliable or accurate. No advice or information given by ProxiVie or its employees, affiliates, contractors and/or agents constitutes a warranty. You understand that ProxiVie is a private company and has no connection with any government agency. Neither ProxiVie nor its employees, affiliates, contractors and/or agents warrant that the Services will be error-free, uninterrupted, secure or will produce particular results, that a quote is current, valid and/or unexpired, or that the information obtained therefrom will be reliable or accurate. No advice or information given by ProxiVie or its employees, affiliates, contractors and/or agents constitutes a warranty. or that any information obtained therefrom will be reliable or accurate. No advice or information given by ProxiVie or its employees, affiliates, contractors and/or agents constitutes a warranty. or that any information obtained therefrom will be reliable or accurate. No advice or information given by ProxiVie or its employees, affiliates, contractors and/or agents constitutes a warranty.
If you are dissatisfied with the Services and their content, or with the terms of use, your sole and exclusive remedy is to stop using the Services.
DO NOT POST ILLEGAL, HARMFUL OR PROHIBITED CONTENT.
You agree not to post, submit or link to any User Submissions or material that (i) is prohibited under the section above titled Permitted Use/No Improper Conduct; (ii) directly or indirectly directs people to another online or offline location that provides products or services similar to the Services; (iii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or (iv) facilitates gambling, games, raffles, lotteries, sweepstakes and/or any other activity involving the awarding of a prize.
You may only post a review about a Service Provider if you have direct knowledge of the services provided by that Service Provider (i.e., that Service Provider has provided products or services to you). You may not accept anything of value from a Provider in exchange for posting a review. You may not post or submit a review of a Service Provider if you are (i) an employee, contractor, partner or otherwise affiliated with such Service Provider, (ii) an employee, contractor, partner of , or otherwise affiliated with , a competitor of such Service Provider, or (iii) related to such Service Provider, including by blood, adoption or marriage. You agree that any reviews you post or submit will be honest and accurate.
We do not control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to prescreen, reject, remove or edit User Submissions for any reason at our sole discretion.
If you choose to provide or make available to ProxiVie any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise ("Suggestions"), ProxiVie shall be free to use, disclose, reproduce, make, modify, license, transfer, and otherwise use and distribute your Suggestions in any way, without credit or compensation to you.
ProxiVie makes no representation or warranty as to the accuracy or timeliness of any User Submissions or other information posted on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy. We have no obligation to contact you to update or correct any information previously viewed or provided through the Services.
ProxiVie may, at its sole discretion, cancel or suspend any of your privileges related to the use of the Services in whole or in part for any reason whatsoever, including, without limitation, failure to comply with the these Terms of Service, the Consumer Review Guidelines, and Code of Conduct.
The Services are provided "as is" without any warranties, express or implied. To the fullest extent permitted by law, the ProxiVie parties disclaim all warranties, express, implied, statutory and otherwise, in connection with the Services and your use or dealings with ProxiVie, users, service providers or other third parties, including all warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising from usage of trade, course of dealing and course of performance.
In no event shall the ProxiVie Parties be liable to you or any third party for any hedging costs, lost profits, or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on or resulting from your use of the Services and your use or dealings with ProxiVie, users, service providers or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and that ProxiVie is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall the collective liability of the ProxiVie Parties arising out of or in connection with the Terms, the Services and your use or dealings with ProxiVie, Users, Service Providers or other third parties exceed the lesser of (a ) the amount you paid to ProxiVie for use of the applicable Services during the last 12 months or (b) if you had no payment obligation to ProxiVie, one hundred dollars (if you are a User) or one thousand dollars (if you are a service provider).
Any complaint relating to the Services or the Conditions
