Last modified: November 2, 2018
"we" or "us").
(the "Website"), including the GlareGauge and GlaReduce glare analysis tools found
at https://forgesolar.com/privacy-policy/, incorporated herein by
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.
2. Subscription and Cancellation Policy.
(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
You can also confirm your account tier by visiting
(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
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
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.
3. Usage Restrictions.
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.
All changes are effective immediately when we post them, and apply to all access to and use of the Website
However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not
any disputes for which the parties have actual notice prior to the date the change is posted on the Website.
to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding
5. Collection and Use of Your Information.
You acknowledge that when you access or use the Website, Company may use automatic means (including, for
cookies and web beacons) to collect information about your Mobile Device or Computer and about your use of the
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
. 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
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 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.
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. 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.
THE WEBSITE IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT
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
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
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
11. 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, 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.
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
the Website, including, but not limited to, any use of the Website other than as expressly authorized in
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.
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
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.
Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with
respect to 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.
19. Contact Information.
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