Terms and Conditions

The following terms and conditions govern all use of the this website ("the Website") and the Litepearl mobile application ("the App"). The Website and App are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policies) and procedures that may be published from time to time on this Site by Visalia Mobile Ltd (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website or App. By accessing or using any part of the web site or installing our app, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website, install the App, or use any related services. If these terms and conditions are considered an offer by Visalia Mobile Ltd, acceptance is expressly limited to these terms. The Website and App are available only to individuals who are at least 13 years old.

1. Access to the Litepearl app

Visalia Mobile Ltd may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Visalia Mobile Ltd may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.

User certifies to Visalia Mobile Ltd that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

2. Restrictions

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

User shall 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 Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Visalia Mobile Ltd reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Visalia Mobile Ltd server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Visalia Mobile Ltd's systems or networks, or any systems or networks connected to the Service or to Visalia Mobile Ltd.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.

User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

3. Registration; Security.

As a condition to using certain products and services of the Service, User may be required to register with Visalia Mobile Ltd and select a password. User shall provide Visalia Mobile Ltd with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. Visalia Mobile Ltd reserves the right to refuse registration of, or cancel a Visalia Mobile Ltd User in its discretion. User shall be responsible for maintaining the confidentiality of User's Visalia Mobile Ltd password and other account information.

4. Termination

Visalia Mobile Ltd may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Litepearl account (if you have one), you may simply discontinue using the Website and App. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by Visalia Mobile Ltd if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Visalia Mobile Ltd's notice to you thereof; provided that, Visalia Mobile Ltd can terminate the Website and App immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5. Content

User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by Visalia Mobile Ltd at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Visalia Mobile Ltd in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User's own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Visalia Mobile Ltd.

6. Changes

Visalia Mobile Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website or App following the posting of any changes to this Agreement constitutes acceptance of those changes. Visalia Mobile Ltd may also, in the future, offer new services and/or features through the Website and App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7. Warranties

If User is a Customer, Visalia Mobile Ltd makes the following warranty to Customer: Visalia Mobile Ltd shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer's sole remedy, and Visalia Mobile Ltd's exclusive liability, for defects in the Service shall be for Visalia Mobile Ltd to use commercially reasonable efforts to promptly correct such defects.

Customer represents and warrants that: (i) with respect to all information it provides to Visalia Mobile Ltd (such as, Recipient Information), Customer has the full right and authority to make such provision and to allow Visalia Mobile Ltd to use such information to provide the Service (including, without limitation, for Visalia Mobile Ltd to provide such information to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.

8. Warranty Disclaimer

The Website and App are provided "as is". Visalia Mobile Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Visalia Mobile Ltd nor its suppliers and licensors, makes any warranty that the Website and App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and App at your own discretion and risk.

9. Security

In no event will Visalia Mobile Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Visalia Mobile Ltd under this agreement during the twelve (12) month period prior to the cause of action. Visalia Mobile Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty

You represent and warrant that (i) your use of the Website and App will be in strict accordance with the Visalia Mobile Ltd Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website and App will not infringe or misappropriate the intellectual property rights of any third party.

11. Privacy

Visalia Mobile Ltd's current privacy policy is available at the Website (the "Privacy Policy"), which is incorporated by this reference. Visalia Mobile Ltd strongly recommends that you review the Privacy Policy closely.

12. Copyright

All content included on the Website and App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Visalia Mobile Ltd or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of Visalia Mobile Ltd and protected by U.K. and international copyright laws. All software used on (or provided through) the Site is the property of Visalia Mobile Ltd or its software suppliers and protected by United States and international copyright laws.

13. Indemnification

You agree to indemnify and hold harmless Visalia Mobile Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website and App, including but not limited to out of your violation this Agreement.