Last modified: November 2, 2018
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.
(a) Account Tiers. Users of the Website may subscribe to one of two account tiers. For more information regarding the account tiers and the fees and benefits associated with each tier, please visit https://forgesolar.com/accounts/subscription/. You can also confirm your account tier by visiting https://forgesolar.com/accounts/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. For more information regarding the current pricing and options regarding terms of subscription, please visit https://forgesolar.com/accounts/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 or debit card through the subscription form available at https://forgesolar.com/accounts/subscription/. 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 (as such subscription fee may be modified as provided above). Company will send a notice to the email address on your account 3 days prior to renewal. You may wish to confirm that emails from Company are not blocked under your email settings. 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 Info.” Notwithstanding the date you submit the cancellation form, 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 for your current subscription fee. If you wish to avoid renewal of your account, 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.
You shall not:
(a) copy, modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Website;
(b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Website or any part thereof; or
(c) 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.
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.
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. 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.
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.
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.
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, 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 WEBSITE 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 WEBSITE 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.
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, 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.
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.
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 be final and binding arbitration.
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.
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.
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.
To ask questions or comment about these Terms of Service, contact us at:
6077 Far Hills Ave. #101
Centerville, Ohio, USA 45459
United States of America