This is a legal agreement between you (meaning you as an individual if you are acting on your own behalf, or the corporate entity that you represent if you are acting on behalf of such corporate entity) and Core Interface L.L.C. ("CI"). By using a product made and/or distributed by CI (a "CI Product"), you agree to the terms and conditions set out in this document (these "General Terms"). These General Terms may be updated by CI from time to time, and it is your responsibility to ensure your use of a CI Product is in compliance with the concurrent version of these General Terms.
These General Terms apply only to CI Products purchased from CI.
BY USING A CI PRODUCT, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE A CI PRODUCT.
1.1. If purchased directly from CI, title to any hardware component of a CI Product bought by you shall pass to you upon your full payment for such CI Product.1.2. Notwithstanding the foregoing, title to any software component of a CI Product shall not pass to you, and you are hereby put on notice that your use of any CI software supplied to you under these General Term is governed by and subject to the software license terms as may be provided to you with the CI software. Such license terms may be included as a file with the software that you download from CI for use with CI hardware, such as with an SDK. Use of any third party software under these General Terms shall be governed by and subject to your agreeing to the terms of all applicable third party agreements and licenses respecting such third party software.
1.3. You do not acquire any intellectual property or other proprietary rights under these General Terms, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to CI Products, software or any part thereof. Your only rights to CI Products, software, or any part thereof shall be those rights expressly licensed or granted to you under these General Terms or in a separate, mutually agreed upon, written agreement between you and CI. Any rights not expressly granted under these General Terms are reserved.
1.4. Except to the extent expressly agreed upon in writing by you and CI, you shall not, and you shall not permit any third party to, copy, reproduce, distribute, modify, decompile, disassemble or reverse engineer the CI Products and/or any software provided to you by CI as part of the CI Products on in conjunction therewith, nor shall you use the CI Products except to facilitate your internal business functions or for personal, non-business-related use.
1.5. You are responsible for the selection, implementation, and performance of any and all third party equipment used in connection with the CI Products, and for compliance with any licenses, conditions, laws, rules and/or regulations respecting the use of the CI Products and any equipment, services or software used in conjunction with the CI Products. This includes all applicable laws, regulations and orders applicable to the export, re-export, transfer or resale of CI Products. You also acknowledge that CI will not take, and will not be required to take, any action contrary to such applicable laws.
2.1. CI reserves the right to make changes in its CI Products without the obligation to make equivalent changes to CI Products that have previously been supplied to you.
2.2. A CI Product may include embedded software (firmware). CI reserves the right, but has no obligation, to download updates to your CI Product upon your CI Product being connected to a computer with Internet capability, in order to maintain compatibility with CI software associated with such CI Product, such as an SDK.
3.1 In case you would like to return any product purchased from www.hitthegold.com (a “CI Product”), you have 15 days from the date of delivery to you to return the product for a full refund. You may return any product purchased from www.hitthegold.com (a “CI Product”). To qualify for a refund, all the following conditions must be met:
3.1.1 The returned CI Product – must be in good physical condition accompanied by the original invoice. “Good physical condition” means that the CI Product includes original packaging and all materials in like-new condition and the corresponding accessories not physically broken or damaged; and
3.1.2. You must deliver the CI Product, along with all accessories originally included with your purchase, in its original packaging to the address specified by CI.
3.1.3. CI Product – Software license must not be activated.
3.2. Refunds will be processed and paid within thirty (30) days of receipt of a returned CI Product satisfying the above conditions. Credit will be issued to the payment method or credit card used for your original purchase only.
3.3. In order to return a CI Product, please contact:
CI does not warrant that the operation of the CI Product will be uninterrupted or error-free. Additionally, the foregoing warranties do not apply to any software provided to you, except to the extent that the CI Product does not comply with this warranty solely due to firmware issues that are not excluded under these General Terms. All CI software is provided "AS IS", and subject only to the license terms applicable to such software.
You shall defend, indemnify and hold CI, its successors, assigns, officers, directors, employees and agents harmless from any and all claims, damages, judgments, settlements, losses or expenses, including but not limited to attorney's fees and charges, and court and arbitration costs, arising out of or relating to these General Terms (including without limitation (a) a claim of infringement of any intellectual property or proprietary right arising from your combination or use of the CI Products with software, interfaces, or other materials that are not supplied or specifically authorized by CI, (b) a claim respecting any injury, death or property damage in connection with your use or misuse of the CI Products, (c) any third party claim arising from your unauthorized or improper use or modification of the CI Products, and (d) any third party claim arising out of your material breach of these General Terms). This indemnity obligation excludes any direct damages to the extent arising from the gross negligence or willful misconduct of CI.
6.1. IN NO EVENT WILL „CI“ BE LIABLE UNDER THESE GENERAL TERMS FOR ANY DAMAGES OTHER THAN YOUR DIRECT DAMAGES TO THE EXTENT ARISING FROM CI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND IN NO EVENT SHALL CI'S AGGREGATE LIABILITY EXCEED $149.00.
6.2. NO CLAIM MAY BE BROUGHT AGAINST CI, WHETHER IN CONTRACT, TORT OR OTHERWISE, MORE THAN 6 (SIX) MONTHS AFTER THE CI PRODUCTS WERE SHIPPED TO YOU.
6.3. THE CI PRODUCT IS NOT INTENDED FOR CONTROL OF, OR USE WITH (WHETHER DIRECT OR INDIRECT), INDUSTRIAL, COMMERCIAL, MILITARY OR MEDICAL EQUIPMENT, AND IS NOT INTENDED FOR ANY USE WHERE FAILURE OR FAULT OF THE CI PRODUCT COULD DIRECTLY OR INDIRECTLY CAUSE RISK OR DAMAGE TO LIFE OR PROPERTY, OR IN ANY MISSION-CRITICAL APPLICATION. ANY SUCH USE IS ENTIRELY AT YOUR DISCRETION AND RISK, AND SHALL VOID THE WARRANTY CONTAINED IN THESE GENERAL TERMS.
YOU WILL BE SOLELY RESPONSIBLE FOR (AND CI DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM SUCH USE.
6.4. EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, DATA, USE OR OPPORTUNITY, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND WHETHER OR NOT CI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CI shall not be obligated to provide any support or maintenance services for the CI Products unless otherwise expressly agreed upon in writing by you and CI.
Nothing in these General Terms will prevent CI from offering Products at any time at discounted prices, including prices lower than the price paid by you, and/or subject to terms and conditions other than those applying to you, including more favorable terms and conditions.
You may not assign your rights and obligations under these General Terms without CI's prior written consent. These General Terms will be construed in accordance with the laws of the Republic of Croatia without regard to choice of law provisions, and the parties consent to the sole and exclusive jurisdiction of the competent courts in Zagreb (Croatia) with respect to any disputes arising hereunder. CI may provide any notification required hereunder to the email address you provided to CI. If any one or more of the provisions of these General Terms is for any reason held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these General Terms. No waiver by either party of a breach or omission by the other party under these General Terms shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party.
Last Updated: November, 2017.