Terms of Service

Updated on June 11, 2021

These Terms of Service are a contract between you and Lexplorex (referred to in these Terms of Service as "Lexplorex," "us," "we" or "our"), the provider of the Lexplorex Website, and the services accessible from the Lexplorex App (which are collectively referred to in these Terms as the "Lexplorex Service").

You agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Lexplorex Service. In this Agreement, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

1. ADDITIONAL TERMS OF SERVICE MAY APPLY

The disclaimers, terms, and conditions on this webpage are of general application, and they may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application disclosed by Lexplorex, including on any page of this Website or through the App, or other means. In the event of a conflict between these Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of the specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application shall control.

2. AUTHORIZED USERS

You hereby confirm to Lexplorex that: (a) you have reached the age of 13, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms of Service.

Users between the ages of 13 and 18 must (i) review these Terms of Service with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms, and (ii) not access the App if his or her parent or legal guardian doesn’t agree to them.

For using the App and Website, you will be asked to register an account. If you agree to do it, you will provide an email address to be used as a username and a password to complete the registration process.

You are solely responsible for maintaining the confidentiality of your account, the username (email address), and password, and for all activities and liabilities associated with or occurring under your account. You must change your password if there is any unauthorized use of your account and ensure that you exit from your account(s) on all your devices. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of the use of your account, either with or without your knowledge.

You may not transfer your account, username, or password to another person, and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Lexplorex Service; and (iii) the consequences of any misuse.

In consideration of your use of our Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form and maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse all current or future use of our Service, or any portion thereof.

3. SERVICE

Lexplorex provides a platform that allows you to improve your English as a second language.

You acknowledge and agree that Lexplorex may stop (permanently or temporarily) providing its Service (or any features within the Service) to you or users generally at Lexplorex’s sole discretion, without prior notice. You may stop using the Service at any time. You do not need to inform Lexplorex when you stop using it. You acknowledge and agree that if Lexplorex disables access to your account, it may prevent you from accessing the Service, your account details, or information contained.

4. PAYMENTS

Lexplorex charges a fee for its services. You are responsible to Lexplorex for any fees applicable to the plan subscribed. You authorize Lexplorex, or its designated payment processor, to charge your specified credit card, debit card, or another payment method for such fees.

Customers shall be billed for services rendered monthly after a free trial period. Such payment shall be collected using a payment processor. Customers agree that their payment method shall be billed automatically monthly for the subscription unless the subscription has been canceled. All fees shall be in United States dollars unless otherwise specified.

Payment may not be canceled by the customer, except as required by law. However, Lexplorex (or its partners) reserves the right to refuse or terminate any payment at any time at its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or another payment method, but your charge is rejected for any reason, there may be a hold on your use of the Lexplorex Service for several days.

You acknowledge that changes to your subscription, such as upgrading or downgrading the plan, can result in prorated charges. Therefore, after changing your subscription plan, the next charge shall consider the number of days within the billing period using the old and new plans.

5. LICENSE AND OWNERSHIP

Lexplorex application and all rights therein, including intellectual property rights, shall remain Lexplorex's property or the property of its licensors. Nothing in these Terms shall be construed to grant you any rights, except for the limited license granted below.

Subject to this Agreement, Lexplorex grants you a limited, non-exclusive, non-transferable, non-sublicensable license, to access and use Lexplorex and its features pursuant to these Terms on any compatible device that you own and control. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent, lease, sell, transfer, redistribute, or sublicense the Lexplorex application. Third-party services or libraries included in Lexplorex are licensed to you either under these Terms or under the third party's license terms, if applicable.

Based on your license, you may not access Lexplorex with other means than the official application, mine or extract any data from Lexplorex databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of Lexplorex application or any part thereof and circumvent any technology used to protect its features. You also may not remove, delete or obliterate any copyright notices, proprietary labels, or private legends placed upon or found within the Lexplorex application.

This Agreement applies to trial use of the Lexplorex application, except for the following different or additional terms: (i) the trial period is up to fifteen (15) days; (ii) the trial period shall commence on the date that users complete the registration process; (iii) trial product is provided “AS IS” without warranty of any kind, and Lexplorex disclaims all warranties, indemnities, and all other liabilities; (iv) users are not entitled to any support and maintenance services; and (v) user account and data shall be removed after the trial period if user does not subscribe to Lexplorex Service.

6. RESTRICTIONS

All content and materials contained in this Website or made available through the App (“Content”), are protected by the United States and international trademark and copyright laws, are owned or controlled by Lexplorex, and must only be used for certain approved purposes as established by Lexplorex. You may only view or download Content from the App for your own use or as otherwise expressly authorized by Lexplorex.

The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Website or the App is strictly prohibited without the prior written consent of Lexplorex or unless expressly permitted by this Website or the App. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Website. Requests for permission to reproduce or distribute materials found on this Site or the App can be made by contacting Lexplorex in writing at the address listed at the end of this webpage.

The trademarks, logos, service marks, and trade names (collectively the "Trademarks") of Lexplorex or any third party displayed on the Website or App may not be used unless authorized by the trademark owner.

7. REFUND AND RETURNS

Thank you very much for subscribing to Lexplorex. We appreciate the fact that you like our service. We also want to make sure you have a rewarding experience while exploring and using our product.

As with any shopping experience, there are terms and conditions that apply to transactions at Lexplorex. We will be as brief as our attorneys will allow. The main thing to remember is that by subscribing to Lexplorex, you agree to these Terms of Service along with the Privacy Policy.

If, for any reason, you are not completely satisfied with the service we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.

Except as required by law, all fees are nonrefundable without limitation.

8. PROHIBITED USER CONDUCT

We may investigate and/or terminate your account if you misuse the Lexplorex Service or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the App and the features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content; or (c) gain or attempt to gain unauthorized access to other computer systems.

You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, or other contact or personal information, or any other automatic means of accessing; (ii) use the Website or App in any manner with the intent to interrupt, damage, disable, overburden, or impair such service; or (iii) use the Website or App in violation of any applicable law or the legal rights of any third party.

You shall not use the Website or App to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation: (a) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (b) transmitting information that violates any applicable federal, state, or local laws, rules or regulations; (c) conducting any activity that would constitute fraud; (d) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Website or App to gain competitive intelligence about Lexplorex or to otherwise compete with Lexplorex.

9. CONTENT POSTED BY USERS

When using Lexplorex ’s products and services, you may have the ability to post content (e.g., new vocabulary). You are solely responsible for all content that you provide, post, upload or submit.

We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality, or applicability of any content posted by users. Lexplorex does not endorse, guarantee, make representations, or provide warranties regarding any such content.

Lexplorex may, in its sole discretion, reject or remove any content that violates our content standards below, or for any other reason, we deem the content inappropriate. Lexplorex shall have no obligation to monitor the content posted, uploaded, or submitted by a user, but may do so at its sole discretion. Lexplorex is not responsible for any failure or delay in removing any such content.

You may not post or submit any content that violates our Acceptable Use Policy or any content that is:

10. YOUR SUGGESTIONS

The more feedback our users make, the better the Lexplorex Service becomes. Therefore, we value and appreciate all your feedback. However, please keep in mind that any feedback, comments, ideas, or improvements (collectively, "Suggestions") provided by you to Lexplorex with respect to the Service shall remain the sole and exclusive property of Lexplorex.

Lexplorex shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

11. YOUR CONSENT

By accessing our Website or App, posting or downloading content, or any other information to or from them, you hereby unequivocally and expressly consent to, and shall be subject to, these Terms of Service. If you do not agree to these Terms, you may not access our Website or otherwise use our App. Your sole remedy for dissatisfaction with the Lexplorex Service or any content is to stop using it.

12. LINKS TO OTHER WEBSITES

Our service may contain links to other websites that are not operated by Lexplorex. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the terms and conditions of every site you visit.

We have no control over and assume no responsibility for the content, terms and conditions, or practices of any third-party sites or services.

13. CHANGES TO OUR TERMS OF SERVICE

We update our Terms of Service to provide you with complete transparency into what is being set when you use our Service.

Lexplorex reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting such changes. Please check the Terms of Service page periodically for changes. The continued use of our Website or App following the posting of changes to these Terms indicates that you accept them. If you have any questions or would like further clarification, please contact us.

If we decide to change our Terms of Service, we will post those changes on this webpage, and update its modification date.

14. MAINTENANCE AND SUPPORT

Lexplorex is subject to a continuous development and Lexplorex reserves the right, at its sole discretion, to modify, suspend or discontinue, temporarily or permanently, the App, Website or any feature, with or without notice and without liability to you.

You acknowledge that Lexplorex has no obligation to maintain its Website or App. Lexplorex does not guarantee an uninterrupted provision of service. Lexplorex or integrated third-party services may be temporary unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Lexplorex’s control.

If you have some questions, problems or suggestions, you can reach us at support@lexplorex.com.

15. UPDATES

Lexplorex may from time to time provide enhancements or improvements to the features/ functionality of the App or Website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities. You agree that Lexplorex has no obligation to (i) provide them, or (ii) continue to provide or enable any particular features and/or functionalities of the App or Website.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Lexplorex Service, and (ii) subject to the terms and conditions of this Agreement.

16. THIRD-PARTY SERVICES

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Lexplorex shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Lexplorex does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them subject to such third parties' terms and conditions.

17. TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or Lexplorex.

Lexplorex may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Lexplorex, in the event that you fail to comply with any provision of this Terms of Service. You may also terminate this Agreement by canceling your subscription, deleting the App and all copies from your devices.

Upon your subscription cancelation, you acknowledge and agree that Lexplorex has no obligation to keep any longer your account and all content that you provided, posted, uploaded, or submitted.

Termination of this Agreement will not limit any of Lexplorex's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Terms of Service.

18. COPYRIGHT INFRINGEMENT NOTICE

If you are a copyright owner or such owner’s agent and believe any material on our App or Website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

19. INDEMNIFICATION

You agree to indemnify and hold Lexplorex and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the App or Website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

20. NO WARRANTIES

The App and Website are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Lexplorex, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise.

Without limitation to the foregoing, Lexplorex provides no warranty or undertaking, and makes no representation of any kind that the App will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Lexplorex nor any Lexplorex's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the App or Website, or the information, content, and materials or products included thereon; (ii) that the App will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the App; or (iv) that the App, its servers, the content, or emails sent from or on behalf of Lexplorex are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

21. LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of Lexplorex and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the App.

To the maximum extent permitted by applicable law, in no event shall Lexplorex or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data, or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the App, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if Lexplorex or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

22. DISCLAIMER

Lexplorex is not responsible for any content, code, or any other imprecision.

Lexplorex does not provide warranties or guarantees.

In no event shall Lexplorex be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other torts, arising out of or in connection with the use of the Service or the contents of the Service. Lexplorex reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Lexplorex Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Lexplorex is a distributor and not a publisher of the content supplied by third parties; as such, Lexplorex exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through or accessible via the Lexplorex Service.

No oral advice or written information given by Lexplorex or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.

Price and availability information is subject to change without notice.

Without limiting the foregoing, Lexplorex does not warrant that the Lexplorex Service will be uninterrupted, uncorrupted, timely, or error-free.

23. INTELLECTUAL PROPERTY

The Service and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Lexplorex, its licensors or other providers of such material are protected by Chile and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Lexplorex, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited.

24. ARBITRATION

This section applies to any dispute, except it doesn’t include a dispute relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or intellectual property rights. The term (“dispute”) means any dispute, action, or another controversy between you and Lexplorex concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

In the event of a dispute, you or Lexplorex must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to info@lexplorex.com. Lexplorex will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Lexplorex will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Lexplorex may commence arbitration.

If you and Lexplorex don’t resolve a dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

25. SUBMISSIONS AND PRIVACY

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Lexplorex without any compensation or credit to you whatsoever. Lexplorex and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

26. PROMOTIONS

Lexplorex may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotion Rules.

Additional terms and conditions may apply to purchases of goods or services on or through our Services, which terms and conditions are made a part of this Agreement by this reference.

27. TYPOGRAPHICAL ERRORS

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or another payment method in the amount of the charge.

28. SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Lexplorex on the Services, shall constitute the entire agreement between you and Lexplorex concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

29. WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Lexplorex. Lexplorex will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.

30. MISCELLANEOUS

These Terms of Service (which include and incorporate the Lexplorex Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Lexplorex concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

31. CONTACT US

Don't hesitate to contact us if you have any questions.