END USER AGREEMENT
Invisible Gold, LLC. reserves the right to suspend or cancel a client's access to any or all services should we decide, in our own estimation, that an account has been inappropriately used. This applies to all accounts held by a client in the event that one account is used inappropriately.
Invisible Gold, LLC. ("developer") hereby grants you ("user") a non-exclusive personal license to use the standard version of Invisible Gold ("software") and its documentation subject to the following disclaimer, terms and conditions:
Reproduction and Use
USER AND ANY INVOLVED PARTIES AGREE NOT TO DISTRIBUTE, reproduce, transmit or transfer, in whole or in part, any version of the software or its documentationwithout express prior written permission from the developer. User may use one copy of the Software on a single server (virtual or physical) owned, leased, or otherwise controlled by you, at a single time. You may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license key you have obtained. You may not modify or adapt the Software or any license key that you have obtained in any way. You may make one copy of the Software, the Documentation, and any license key that you have obtained, solely for backup or archival purposes. Any such copies of the Software, Documentation, or license keys shall include any copyright or other proprietary notices that were included on such materials. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control.
The User agrees to have the option of 1) license for only the initial version of Invisible Gold software purchased without upgrades or changes in which case no modification will be made by Invisible Gold, LLC. to the software and Invisible Gold, LLC. cannot be held responsible for problems or "bugs" that arise, OR 2) license for software and a limited number of automatic upgrades that occur without prior notice in which case Invisible Gold, LLC. cannot be held responsible for delays or changes that upgrading causes. Unless the user has stated otherwise, it will be assumed that they have agreed to periodic automatic upgrades.
Invisible Gold, LLC. Policies and Procedures
The Policies and Procedures found at Invisiblegold.com are not legally binding. It is a guide to Invisible Gold's normal practices and procedures and how clients are most commonly served. However, every client is unique and Invisible Gold, LLC. reserves the right to determine what procedure best serves each individual customer's needs.
Reasonable technical support will be provided at no cost during Invisible Gold's regular business hours by incoming phone call, email, or the use of our online help desk. Free technical support does not include programming assistance, HTML assistance, web design assistance, assistance in using your personal computer, or any assistance with services not provided by Invisible Gold, LLC. or specifically excluded in this document or elsewhere in Invisible Gold, LLC. publications. Invisible Gold, LLC. reserves the right to define a level of technical support as unreasonable and to enforce limits. Clients may opt to purchase additional technical support, if available, including but not limited to the services listed on our website at the then-current rates, available from our sales staff.
Technical support will not be provided to anyone but the account holder.
Refusal of Service
Invisible Gold, LLC. reserves the right to refuse service to anyone.
Venue and Dispute Resolution
For the purposes of venue the client agrees that any disputes will be resolved according to the laws of Hartford County, Connecticut USA. Clients further waive all objections to venue and acknowledge that venue in any litigation will be held in Hartford County courts. Any disputes will be submitted to binding Arbitration, WAIVING ANY RIGHT TO A JURY TRIAL.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD INVISIBLE GOLD, LLC. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST INVISIBLE GOLD, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS.
Disclaimer and Limitation of Liability
THIS SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND. DEVELOPER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. USER AGREES TO HOLD DEVELOPER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES AND EXPENSES.
Invisible Gold, LLC. reserves the right to make changes to this policy. Any such changes will become effective 30 days after notice of said changes is posted on our website, sent out via email, or sent out via postal mail, at our discretion.