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Last modified: June 14, 2016

These terms of use are entered into by and between you and Sims Industries, LLC ("Company", "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to and use of website https://forgesolar.com (the "Website"), including the Glare Analysis Tools (the "Application").

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://forgesolar.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1. Authorization.

Subject to the terms of these Terms of Use, Company hereby authorizes Customer to access and use the Website and the Application.

2. Usage Restrictions.

Licensee shall not:
  1. (a) copy, modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  2. (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; or
  3. (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

4. Collection and Use of Your Information.

You acknowledge that when you access or use the Website, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Website. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Website or certain of its features or functionality. All information we collect through or in connection with this Website is subject to our Privacy Policy . By downloading, installing, using and providing information to or through this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5. Accessing the Website.

We reserve the right to withdraw or amend this Website or the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation, including applicable export control laws and regulations of the United States Department of Commerce, the United States Department of State and other regulations of the United States relating to the export of technology. Additionally, you agree not to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

6. Intellectual Property Rights.

The Website and the Application (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Portions of the Application are licensed from the operator of Sandia National Laboratories, a federally-funded research and development center. Sandia National Laboratories will not provide any technical support of any kind with regard to the Application.

7. Linking to the Website.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

8. Links from the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. Disclaimer of Warranties.

THE WEBSITE AND APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, 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, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

THE APPLICATION CONTAINS THIRD PARTY CODE. THE THIRD PARTY DOES NOT WARRANT TO YOU THAT THIS PROGRAM OR OFFERING WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, THE THIRD PARTY CODE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY. THE THIRD PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE APPLICATION OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

11. Indemnification.

You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Application other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

12. Severability.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

13. Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Entire Agreement.

This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.

15. Waiver.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

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Last modified: June 14, 2016

Introduction

Sims Industries, LLC ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website https://forgesolar.com (our "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information:

This policy applies only to information we collect on this Website and in e-mail and other electronic communications sent through or in connection with this Website.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Company or any third party; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not register with or use this Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children under the Age of 13

The Website is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@forgesolar.com.

Information We Collect and How We Collect It

We collect information from and about users of our Website:

  • Directly from you when you provide it to us.
  • Automatically when you use the Website.

Information You Provide to Us.

When you register with or use this Website, we may ask you to provide information:

  • By which you may be personally identified, such as name, postal address, e-mail address, or telephone number ("personal information").
  • That is about you but individually does not identify you, such as employer, position.

This information includes:

  • Information that you provide by filling in forms in the Website. This includes information provided at the time of registering to use the Website. We may also ask you for information when you report a problem with the Website.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.

Automatic Information Collection.

As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

We do not track users over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals.

The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns:

We use cookies (or browser cookies) for automatic data collection. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

How We Use Your Information:

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the Website and its contents, and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Carry out our obligations and enforce our rights arising from use your of the Website.
  • Notify you when Website updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our Website and to deliver a better experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Recognize you when you access the Website.

We may also use your information to contact you about our own goods and services that may be of interest to you. If we do use your information to contact you about our own goods and services, you may unsubscribe from our contact within the email correspondence. For more information, see Your Choices about our Collection, Use and Disclosure of Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are required to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Sims Industries, LLC's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Sims Industries, LLC about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including the Website Terms of Use.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Sims Industries, LLC, our customers or others.

Your Choices about Our Collection, Use and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Website may then be inaccessible or not function properly.
  • Promotion by the Company. If you do not want us to use your e-mail address to promote our own products or services, you can opt-out by or adjust your user preferences in your account profile or by sending us an e-mail stating your request to support@forgesolar.com.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an e-mail at support@forgesolar.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@forgesolar.com.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and an in-Website alert the first time you use the Website after we make the change.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: support@forgesolar.com or through our Contact page.