Applimobile offers PowerVocab and its compatible word packs (henceforth referred to as PowerVocab) to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may only use PowerVocab as per the following terms and conditions which you accept by your use of the application. Applimobile reserves the right to modify these terms and conditions at any time at its sole discretion.
You acknowledge that PowerVocab uses proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Subject to the Terms of Service, Applimobile grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software and contents of its packs; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software. You agree not to access PowerVocab by any means other than through the interface that is provided by Applimobile for use. You further agree not to remove, obscure, or alter Applimobile's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of PowerVocab, without prior written permission from Applimobile.
Applimobile cannot and will not be liable for any loss or damage arising from your use of this application. Application content is provided for informational purposes only and no express warranties are made on its accuracy, completeness or reliability. You understand that you are using PowerVocab at your own risk. You agree to use PowerVocab in compliance with all applicable laws.
You agree to hold harmless and indemnify Applimobile, and the authors of this software, from and against any third party claim arising from or in any way related to your use of PowerVocab, violation of this Terms of Service or any other actions connected with use of PowerVocab, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Applimobile will provide you with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF POWERVOCAB IS AT YOUR SOLE RISK. POWERVOCAB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLIMOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
APPLIMOBILE DOES NOT WARRANT THAT (I) POWERVOCAB WILL MEET YOUR REQUIREMENTS, (II) POWERVOCAB WILL BE COMPLETE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF POWERVOCAB WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH POWERVOCAB WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLIMOBILE OR THROUGH OR FROM POWERVOCAB SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLIMOBILE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APPLIMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
1. THE USE OR THE INABILITY TO USE POWERVOCAB;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM POWERVOCAB;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. ANY OTHER MATTER RELATING TO POWERVOCAB.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that Applimobile may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on applimobile.com.