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 GlareGauge and GlaReduce glare analysis tools found therein.

Important

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, 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. Under Article 6 of the General Data Protection Regulation, or "GDPR", users in the European Union acknowledge and consent to Company's processing of personal data as necessary for the performance of this contract.

This Website is offered and available to users who are 18 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.

2. Subscription and Cancellation Policy

(a) Account Tiers

Users of the Website may subscribe to one of three account tiers. For more information regarding the account tiers and the fees and benefits associated with each tier, please visit forgesolar.com/account/subscription.

(b) Subscription Fee

Company will charge you a subscription fee in order to provide the Website glare analysis functionality. Your subscription fee is the amount you were charged for one term of your subscription. You acknowledge that Company reserves the right, at any time, to modify its account tiers, subscription fees and billing methods.

(c) Invoicing and Payment

Your subscription fees may be paid either pursuant to an invoice provided by Company or by credit card, debit card, or bank transfer through the subscription form. Your subscription will only be effective upon actual receipt of payment by Company. If the payment processing for the renewal of your subscription fails for any reason, we will contact you and attempt to process your payment for a period of 1 week. If payment is not remedied during such 1-week period, your account will be terminated.

(d) Automatic Renewal

Company will automatically renew your subscription for the same account term unless you notify Company. Your subscription fee will be the subscription fee then in effect. Company will send a notice to the email address on your account 3 days prior to renewal. Company is not responsible for any delay in delivery of such notice due to your email settings.

(e) Cancellation

You may cancel your subscription at any time by completing the cancellation form available within your account under the section "Subscription." The cancellation will be effective on the expiration date of your current account term and you will not receive a refund of any portion of your current subscription fee. If you wish to avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the day that your current account term expires.

3. Usage Restrictions

You shall not:

Copy, modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Website
Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Website or any part thereof
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website or any features or functionality of the Website, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one device at any time

4. 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.

5. 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 or Computer 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.

6. Accessing the Website

We reserve the right to withdraw or amend this Website, 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.

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.

7. Intellectual Property Rights

The Website (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.

Third Party Licensing

Portions of the Website 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 Website.

8. 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.

9. 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.

10. Disclaimer of Warranties

Legal Disclaimer

THE WEBSITE 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 WEBSITE.

This includes 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.

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.

Third Party Code

The Website contains third party code. The third party does not warrant that this program or offering will meet your requirements, or that its operation will be uninterrupted or error free. The third party code is provided "AS IS" without warranty.

11. Limitation of Liability

Liability Limitation

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. This includes 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.

12. 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.

This includes, but is not limited to, any use of the Website other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

13. 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.

14. Arbitration

At its sole discretion, the Company may require you to submit any disputes arising from use of the Website, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Website, you hereby consent to submission of any dispute to final and binding arbitration.

15. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Montgomery County and Dayton, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Website.

17. 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.

18. 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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