Terms of Service

Terms of Service; Agreement to Terms of Use These terms and conditions (the "Terms of Use") apply to the Armadealosm mobile marketing application (the "App") available for download via the Apple, Inc., "App Store", the Armadealo web site located at www.armadealo.com, and all associated sites operated by or linked to www.armadealo.com (collectively, the "Site"). The Site is the property of Armadealo, LLC. ("Armadealo").

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Armadealo reserves the right to change, modify, add or remove portions of these Terms of Use at any time. We will not notify Site users of any such changes; it is your responsibility to review the Terms of Use regularly to keep apprised of any updates in these Terms of Use. Subject to your agreement and compliance with these Terms of Use, Armadealo grants you a personal, non-exclusive, non-transferable, limited privilege to download and use the App and to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the App and the Site is owned, controlled or licensed by or to Armadealo, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. Other than as part of the normal operation of the App (e.g., linking to Facebook), no portion of the App, the Site and/or the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed to any other computer, server, Web site or other media for publication or distribution or for any business purpose without our prior written consent, in Armadealo's sole and absolute discretion.

Your Use of the App and Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App, the Site or any Content, and Armadealo reserves the right to prohibit the same. You may not attempt to gain unauthorized access to any portion or feature of the Site or the App, or any related systems or networks, or to any of the services offered on or through the Site, by hacking, password "mining" or any other unauthorized means. You agree that you will not (i) take any action that imposes a disproportionately large load on the infrastructure of the App, the Site or any related systems or networks, or (ii) use any device, software or other process to attempt to interfere with the functionality of the App and/or the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes Armadealo's rights.

Links to Other Sites

The App may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to users of the App. Armadealo has no control over or responsibility for Such Linked Sites.

Disclaimers

ARMADEALO DOES NOT WARRANT THAT THE APP, THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE APP AND THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP AND/OR THE SITE WILL PROVIDE SPECIFIC RESULTS. THE APP AND THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE APP AND THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ARMADEALO DISCLAIMS (I) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APP AND THE SITE, AND (II) ANY AND ALL LIABILITY FOR ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP, THE SITE AND/OR ANY RELATED SERVICES. APP USERS ASSUME ALL RESPONSIBILITY FOR USE OF THE APP, THE SITE AND ANY LINKED SITES, AND YOU AGREE THAT YOUR SOLE REMEDY AGAINST ARMADEALO FOR DISSATISFACTION WITH THE APP, THE SITE OR ANY CONTENT IS TO STOP USING THE APP, THE SITE OR ANY SUCH CONTENT.

The foregoing disclaimer covers any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Armadealo reserves the right, at any time and without notice, to modify, suspend or terminate operation of or access to the App, the Site, the Content or any portion of the foregoing, for any reason.

Limitation of Liability

Except to the extent prohibited by applicable laws, Armadealo shall have no liability whatsoever for any and all damages, liability or injuries associated with use of the App and the Site, and in no event will Armadealo be liable for any indirect, consequential, exemplary, incidental or punitive damages, even if Armadealo has been advised of the possibility of such damages. If, notwithstanding these Terms of Use, Armadealo is held liable for any damage or loss arising out of or related to your use of the App, the Site or any Content, our liability shall be limited to US$100.00.

Indemnification

As a condition of your use of the App and the Site, you agree to indemnify, defend and hold Armadealo, its members, officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Armadealo by any third party due to or arising out of or in connection with your use of the App and/or the Site.

Default and Remedies

In the event of any violation of these Terms of Use, Armadealo may disclose any information we may have about you (including your identity) to the extent such disclosure is necessary in connection with any investigation or complaint regarding your use of the App and/or the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Armadealo's rights or property, or the rights or property of other users and Armadealo partners and affiliates.

You agree that, in the event of any violation of these Terms of Use, Armadealo may terminate your access to the Site and/or block your future access to the Site, subject to our sole and absolute discretion without notice. You agree that any such violation will cause immediate and irreparable harm to Armadealo for which money damages would be inadequate to compensate, and you consent to our obtaining any injunctive or equitable relief that we deems necessary or appropriate. The foregoing remedies are in addition to any other remedies Apple may have at law or in equity. If Armadealo takes any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Suffolk County, Massachusetts, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the App or the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between us with regard to your use of the App and the Site, and any and all other written or oral agreements or understandings previously existing between you and Armadealo with respect to such use are hereby superseded and cancelled. Any delay or failure by Armadealo to enforce these Terms of Use shall not be construed as Armadealo's waiver of any provision or any right it has hereunder, nor shall any course of conduct be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.