Terms of Service

Last Updated: January 25,2010

These terms and conditions ("Agreement") are a legal agreement between you and Apparent Design, LLC ("Apparent Design") governing your use of the Goals Done! Service, Goals Done! software for personal computers and mobile phones, and the World Wide Web (collectively, Software) and related Goals Done! services (Services). Read these terms and conditions carefully before installing the Software or using the Services. By clicking on the "I accept" button, or by downloading, installing, or using the Software or Services, you are confirming your agreement to become bound by this Agreement. If you do not agree to be bound by this Agreement, then click on the "I do not accept" button and do not install the Software or use the Services. If there are inconsistencies between this Agreement and information included in off-line materials (such as promotional materials or other software), these terms always control.

You agree that any use of the Software and Services will be entirely at your own risk and at the risk to any content you store on the Services. The Software, Services, and support from Apparent Design (if any) are provided "as is" and without any warranties, expressed or implied.

Apparent Design reserves the right to update the Agreement at any time by providing notice on its website. The most current version of the Agreement can be reviewed at www.apparentdesign.com/terms.html. You should check www.apparentdesign.com/terms.html periodically to be sure you are familiar with the current Agreement.

Software License

Subject to the terms and conditions of this Agreement, Apparent Design grants you a non-exclusive, non-sublicenseable license to install and use the personal computer client application of the Software on a personal computer, and the mobile phone client application of the Software on a mobile phone. You may not alter, merge, modify, adapt, or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not sell, rent, lease, or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. If you are using the Software in the United States, you may not export the Software or the computer that it is installed on into any country prohibited by the United States Export Administration Act.

You must not use the Software and you are not licensed to use the Software under any circumstances for competitive evaluation, including developing competing software or services.

In the event that you fail to comply with this Agreement, the license granted to you in this Agreement will automatically terminate, at which time you must immediately uninstall the Software and destroy all copies of the Software.

The Software is licensed and not sold to you by Apparent Design. Apparent Design and its licensors retain all right, title, and interest, including all copyright and intellectual property rights, in and to the Software and all copies thereof. All rights not specifically granted to you in this Agreement are reserved by Apparent Design and its licensors.

Privacy of Personal Information

Your privacy is important to us and we take it very seriously. Please see our Privacy Policy for details. The most current version of the Agreement can be reviewed at www.apparentdesign.com/privacy.html

Claims of Copyright Infringement

Notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.

Service Provider: Apparent Design, LLC.

Notification of Claimed Infringement

Full Address of Designated Agent to Which Notification Should be Sent:

Apparent Design, LLC.

819 Cypress Point Circle

Bowie, Maryland 20721

United States of America

Email Address of Designated Agent: copyright@apparentdesign.com

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL NOT RECEIVE A RESPONSE.

Warranty

APPARENT DESIGN WARRANTS THAT THE MEDIA ON WHICH THE SOFTWARE IS PROVIDED, OR IF PROVIDED ELECTRONICALLY, THE FILE IN WHICH THE SOFTWARE IS PROVIDED, WILL BE UNCORRUPTED FOR 90 DAYS AFTER THE SOFTWARE IS PROVIDED TO YOU (WARRANTY PERIOD). IF THE SOFTWARE FAILS TO MEET THIS WARRANTY AND IS RETURNED TO APPARENT DESIGN IN THE WARRANTY PERIOD, APPARENT DESIGN WILL PROVIDE YOU WITH NEW MEDIA CONTAINING THE SOFTWARE OR A LINK TO A WEB PAGE ALLOWING YOU TO DOWNLOAD A NEW ELECTRONIC FILE CONTAINING THE SOFTWARE, AS APPLICABLE. THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND APPARENT DESIGNS SOLE AND EXCLUSIVE LIABILITY FOR THE SOFTWARE AND SERVICES.

EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED ON AN AS-IS BASIS AND Apparent Design AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SOFTWARE AND SERVICES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, AND ACCURACY. Goals Done! DOES NOT WARRANT THAT THE SOFTWARE AND SERVICES ARE ERROR-FREE OR THAT THE SOFTWARE AND SERVICES WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPARENT DESIGN, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION.

Limitation of Liability

NEITHER APPARENT DESIGN NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO ACCESS YOUR CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND SERVICES OR BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF APPARENT DESIGN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPARENT DESIGN'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF $15 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND SERVICES THAT CAUSED THE DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT.

The warranty disclaimer, exclusive remedies, and limited liability set forth above are fundamental elements of the basis of the agreement between Apparent Design and you. Apparent Design would not be able to provide the Software to you on an economic basis without these limitations and they are an essential basis of the bargain in this Agreement.

Termination

Apparent Design has the right to terminate or cancel your membership to the Services at any time. The cancellation of your membership or a particular subscription is your sole right and remedy with respect to any dispute with Apparent Design. This includes, but is not limited to, any dispute related to, or arising out of: (a) any term of the Agreement or Apparent Design's enforcement or application of the Agreement; (b) any policy or practice of Apparent Design, or Apparent Design's enforcement or application of these policies; (c) the Content available through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees, surcharges, applicable taxes, and any Goals Done! billing methods.

If you provide any feedback or suggestions to Apparent Design regarding the Software, Services, or other Apparent Design products, you hereby grant Apparent Design a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into Goals Done! products.

This Agreement contains the complete agreement between you and Apparent Design with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. Any varying or additional terms contained in any purchase order or other written notification or document will be of no effect. The failure or delay of Apparent Design to exercise any of its rights under this Agreement or upon any breach of this Agreement will not be deemed a waiver of those rights or of the breach. No Apparent Design dealer, agent, distributor of the Software, or employee is authorized to make any amendment to this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.

Goals Done! and other trademarks contained in the Software and Services are trademarks or registered trademarks of Apparent Design. Any third party trademarks, trade names, product names, and logos contained in the Software are the trademarks of their respective owners. You may not remove or alter any trademarks, trade names, product names, logos, copyrights or other proprietary notices, legends, symbols or labels in the Software and Services. This Agreement does not authorize you to use Apparent Design's or its licensors' names or respective trademarks.