Terms of Service
By using Sproxil®'s product promotion, product tracking, or verification services including its Mobile Product Authentication, Sproxil Defender, Sproxil Champion, Sproxil Informer services (the "Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these Terms of Service, please discontinue your use of the Services immediately and uninstall any software or application which you may have installed as part of the Services.
Sproxil may revise these Terms of Service at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of the Services following the posting of any revisions to these Terms of Service constitutes your acceptance of such changes. Sproxil shall remain in compliance with all applicable data privacy laws and regulations in connection with the performance of its rights and obligations under these Terms of Service.
The Services may assist users by verifying Identification Codes (defined below) that are created at the request of Sproxil clients and that are used by Sproxil clients on specific products or product packaging. "Identification Codes" consist of identifiers comprised of characters, letters, numerals, bar codes, matrix codes, human-readable markings and machine-readable markings. Using SMS text, voice or other communication means, users are able to transmit an Identification Code to Sproxil and when verifying a product receiving a response from Sproxil that either confirms or rejects the Identification Code entered for a particular product or multiple products. You acknowledge that the Services depend on accurate transmission of Identification Codes and other information over communication networks maintained by third parties.
Some of the Services also provide the user additional information or may potentially reward users for certain actions or inactions. By using the Services, users agree that they may also be contacted by Sproxil or its representatives to discuss their experiences and opinions. By using the Services, users also consent to receive text messages and remain responsible for any associated text and/or data rates which may apply.
The Services are provided on an "as is" and "as available" basis. Sproxil does not make and disclaims all express and implied warranties and representations with respect to the Services, including, but not limited to, any implied warranty of fitness for a particular purpose to the extent permitted by law. In particular, Sproxil expressly disclaims any warranty: (i) that users will at all times have uninterrupted access to the Services; or (ii) that the Services will at all times be error free. All Uniform Commercial Code warranties are expressly disclaimed by the Parties. This disclaimer of warranty constitutes an essential part of these Terms of Service.
The user warrants that it will not use the Services or permit the Services to be used for any improper, fraudulent, immoral or unlawful purpose.
Under no circumstances shall Sproxil be liable for any damages or losses arising from: (i) interruption or failure of any third-party or user's communication service or communication device, (ii) the failure of user to accurately read an Identification Code or other information or a response to information submitted to Sproxil, (iii) user error in accurately transmitting information to Sproxil, (iv) any error or inaccurate verification caused by tampering, removal or other unauthorized modification of a label, package or item containing an Information Code or other product information by any person or means, (v) physical damage to an Information Code or other product information that renders such information illegible or unusable, (vi) failure of a user to completely follow instructions with regard to use of the Services or (vii) damages or losses to the extent they arise from the negligence or misconduct of user, its employees, representatives, designees, intermediaries, assigns or any third party.
Under no circumstances shall Sproxil, its partners, contributors, agents, employees, directors or affiliates be liable for any incidental, indirect, special, reliance or consequential damages, or for lost profits, savings or revenues of any kind, regardless of whether Sproxil has been advised of the possibility of such damages, due to your reliance on the Services.
The websites or other sites to which you may link or be directed to from Sproxil communications are owned by other third parties, not Sproxil. It is your responsibility to monitor when you have accessed a link to a website or other site that is not part of the Sproxil communication and Sproxil does not undertake any obligation to expressly notify you when you are linking to a website or other site belonging to a third party. Sproxil makes no representations or warranties whatsoever concerning (1) any third party, (2) any products or services advertised or sold by any third party (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (3) any offers, deals, coupons or other promotional materials or representations contained or referenced in any Sproxil communication. Any commercial, sales, use, membership, subscription, affiliation, participation, and promotional relationship you may create with any third party, including obligations undertaken by you with respect to payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such third party.
These Terms of Service are governed by the laws of the Commonwealth of Massachusetts. You hereby agree to submit to the exclusive jurisdiction of the courts in Boston, Massachusetts, USA. To the extent that applicable laws have mandatory application to this agreement or give you the right to bring action in any other courts, the above limitations may not apply to you.
Unless otherwise explicitly noted, any and all intellectual property rights associated with the Services including, but not limited to, any design, text, graphics, pictures, applications, software, music, sound, related products and service names, design marks and slogan, inventive concepts, know-how, publicity rights, trademarks, copyrights and patents, and other files related thereto, are the sole property of Sproxil. You do not possess, and Sproxil does not grant to you, any express or implied rights to any intellectual property and all such rights are retained by Sproxil. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of or access to the Service.
If any provision or portion of these Terms of Service is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Service.