Power.ME is a developer of applications designed and built for the iPod Touch, iPhone and the iPad (the “Service”). You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Power.ME disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Power.ME also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You agree that you are responsible for your own use of the Service, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Violation of any of the foregoing, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Power.ME reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
The views expressed in this application and website are solely those of Power.ME and do not necessarily reflect the views of Apple, the iTunes Store, or any subsidiary or affiliate of Apple, Inc.
Power.ME takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Power.ME have any obligation to monitor such third-party content. Power.ME reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Power.ME also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Power.ME, its users and the public. Power.ME will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
You acknowledge that Power.ME owns all right, title and interest in and to the Service, including all intellectual property rights (the ” Power.ME Rights”). Power.ME Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Power.ME Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
You represent and warrant that (a) all of the information provided by you to Power.ME to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Power.ME may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account.
You agree to hold harmless and indemnify Power.ME, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, 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, Power.ME will provide you with written notice of such claim, suit or action.
This Agreement constitutes the entire agreement between you and Power.ME and governs your use of the Service, superseding any prior agreements between you and Power.ME. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Power.ME services, affiliate services, third-party content or third-party software.
The failure of Power.ME to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Power.ME services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Utah County, Utah, and you consent to the jurisdiction of such courts.