By using websites of Apptitude LLC. (the “Apptitude”, “we”, “us”) found at http://livestartpage.com, http://fvdspeeddial.com and http://everhelper.pro (the “Website”), or Apptitude’s online services and subscription, or downloading and using programs EverHelper, LiveStartPage, FVD SpeedDial, and others (the “Product”), whether through a mobile device, mobile application, cloud, desktop, or by any other means (collectively, the “Apptitude Software”), you acknowledge that you have read the following disclaimers:
1. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE APPTITUDE SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, APPTITUDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPTITUDE SOFTWARE AND YOUR USE THEREOF. APPTITUDE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF APPTITUDE SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF APPTITUDE SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH APPTITUDE SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA APPTITUDE SOFTWARE.
APPTITUDE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH APPTITUDE SOFTWARE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND APPTITUDE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
2. Limitation of Liability
IN NO EVENT SHALL APPTITUDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF APPTITUDE SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF APPTITUDE SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH APPTITUDE SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA APPTITUDE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APPTITUDE 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT APPTITUDE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
3. Changes to APPTITUDE SOFTWARE
APPTITUDE RESERVES THE RIGHT TO MAKE CHANGES IN APPTITUDE SOFTWARE WITHOUT NOTIFICATION. APPTITUDE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT SUCH APPTITUDE SOFTWARE WILL BE SUITABLE FOR THE SPECIFIED USE WITHOUT FURTHER TESTING OR MODIFICATION.
4. Notice Specific to APPTITUDE SOFTWARE Available on the Website of Apptitude
Any software that is made available to download from the Apptitude Websiite is the copyrighted work of Apptitude and/or its suppliers. Use of the APPTITUDE SOFTWARE is governed by the Terms of Use, which accompanies or is included with the APPTITUDE SOFTWARE.
An end user will be unable to install any APPTITUDE SOFTWARE that is accompanied by or includes a the Terms of Use, unless he or she first agrees to these Terms of Use. You can find a copy of the Apptitude’s Terms of Use here. The APPTITUDE SOFTWARE is made available for download solely for use by end users according to the Terms of Use. Any reproduction or redistribution of the Software not in accordance with the Terms of Use is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF APPTITUDE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF USE. EXCEPT AS WARRANTED IN THE TERMS OF USE, APPTITUDE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, APPTITUDE SOFTWARE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. APPTITUDE SOFTWARE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN APPTITUDE SOFTWARE.
5. Disclaimer on Links to Third Party Sites
THE LINKS IN APPTITUDE WEBSITE AND APPTITUDE SOFTWARE WILL LET YOU LEAVE APPTITUDE WEBSITE OR SOFTWARE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF APPTITUDE AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. APPTITUDE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. APPTITUDE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY APPTITUDE OF THE SITE.
6. No Association Disclaimer.
YOU ACKNOWLEDGE THAT APPTITUDE LLC. HAS NO ASSOCIATION AND IS NOT ASSOCIATED TO/WITH YOUTUBE OR GOOGLE IN ANY WAY. NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP EXISTS BETWEEN APPTITUDE LLC. AND YOUTUBE OR GOOGLE. YOU AGREE NOT TO HOLD YOURSELF OUT AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF APPTITUDE LLC., YOUTUBE OR GOOGLE AND APPTITUDE LLC. SHALL NOT BE LIABLE FOR ANY YOUR REPRESENTATION, ACT OR OMISSION.
