Last Updated: September 20, 2015
Please read these Terms carefully before using the http://www.mettleforger.com website (the “Site”) operated by Mettle Forger LLC (“Mettle Forger”, “us”, “we”, or “our”). Your access to and use of the Site is governed by, and conditioned on your acceptance of and compliance with, these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms in full and without reservation. If you disagree with any part of the Terms, then you may not access or use the Site.
If you have any questions about our Terms, please feel free to contact us by email at firstname.lastname@example.org. Thank you for visiting the Site.
The Site is not intended for users under the age of 13. You must be at least 13 years of age to access or use the Site. By accessing or using this Site, you represent and warrant that you are at least 13 years of age.
By using the Site or sending e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, either via e-mail or via the posting of notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.
LICENSE TO USE WEBSITE
Mettle Forger grants you a limited, revocable license to access and use the Site for personal use only. Without limiting the generality of the foregoing, you must not, except with express prior written consent of Mettle Forger:– download (other than page caching), or modify the Site, or any portion of it;– republish content from the Site in either print or digital media;– sell, rent or sub-license content from the Site;– resell, reproduce, duplicate, copy, visit or otherwise exploit any part of, or content on, this Site for a commercial purpose; or– redistribute content material from this website, except for content specifically made available for redistribution.
You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or in any way, or in connection with any activity or purpose, which is unlawful, fraudulent or harmful.
You must not use the Site or any part of it to transmit or send unsolicited commercial communications.
Without limiting the generality of the foregoing, you must not, except with the express prior written consent of Mettle Forger:– conduct any systematic or automated data collection activities (including, but not limited to, scraping, datamining, data extraction, data harvesting, ‘framing’ (iframes), or article ‘Spinning’) on or in relation to the Site; and– use this Site for any purposes related to marketing.
INTELLECTUAL PROPERTY RIGHTS
All copyright, trade marks, design rights and other intellectual property rights (registered and unregistered) in and on content on this Site (including, without limitation, the website, text, graphics, logos, images and other content) (the “Content”) belong exclusively to Mettle Forger, its licensors and/or third parties (which may include you). All such Content created by Mettle Forger, its licensors or third parties is the exclusive property of Mettle Forger, its licensors and third parties, respectively, and is protected by copyright, trademark and other applicable laws. Mettle Forger reserves all of its rights in that portion of the Content created by Mettle Forger, subject to the license granted in these Terms. Nothing in these Terms grants you a right or license to use any copyright, trade mark, design right or other intellectual property right owned or controlled by Mettle Forger, its licensors or any other third party, except as expressly provided in these Terms or except with the express prior written consent of Mettle Forger.
From time to time, you may submit or post, or Mettle Forger may request the submission or posting of, reviews, articles, photos, digital media or other potential content to be used by the Site (“Contributions”). If no additional terms govern such Contributions, then these Terms will apply in full to any Contributions you make.
By submitting or posting your Contributions, you represent and warrant that:– you own or otherwise control all of the rights to any Contributions you submit or post necessary to enable reproduction, distribution, modification, publishing or other exploitation by Mettle Forger without payment or other reference to you or any other person;– the content in the Contribution is accurate;– your Contributions do not contain confidential or proprietary information and Mettle Forger is not under any obligation of confidentiality, express or implied, with respect to any Contributions; and– use of your Contribution or any part thereof does not violate these Terms and will not cause injury to any person or entity.
By submitting or posting your Contributions, you acknowledge and agree that:– you will indemnify Mettle Forger and its affiliates for any and all claims resulting, in whole or in part, from any Contribution you submit or post; and– you are not entitled to any compensation or reimbursement of any kind from Mettle Forger in relation to your Contributions.
Mettle Forger has the right, but not the obligation, to monitor and edit or remove any activity or content posted on the Site by you or any third party. Mettle Forger does not make any representations or warranties regarding the truthfulness, accuracy or reliability of any content posted by others on or through the Site and takes no responsibility and assumes no liability for any content posted by you or any third party. You acknowledge and agree that any reliance on content posted by others will be at your sole risk.
DISCLAIMER OF WARRANTIES
All content provided on or through the Site is for informational purposes only. You acknowledge and agree that nothing on this Site constitutes, or is meant to constitute, advice of any kind (including, but not limited to, nutritional, fitness or medical advice), counseling, diagnosis, therapy, treatment, or other professional service.
This Site is provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, Mettler Forger disclaims all warranties, express or implied, in relation to this Site or any information, content, materials or products on this Site, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of this Site is at your sole risk.
Without limiting the generality of the foregoing paragraph, Mettle Forger does not warrant that:
– this Site will be constantly available, or available at all;
– this Site, its servers, or any e-mail sent from Mettle Forger are free of viruses or other harmful components;
– the content, software, text, graphics, links, or communications provided on or through the use of this Site are complete, true, accurate, reliable, current, timely or non-misleading; or
– the satisfaction of any government regulations requiring the approval or compliance of any software tools with regard to the content on the Site.
LIMITATIONS OF LIABILITY
Mettle Forger will not be liable to you for any damages, injuries or losses of any kind in relation to, or arising from, the contents of, or use of, or otherwise in connection with, this Site:
– for any direct, indirect, incidental, punitive, special or consequential damages, loss or injury; or– for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Mettle Forger has been advised of the possibility of damages, loss or injury.
You accept that, as a limited liability entity, Mettle Forger has an interest in limiting the personal liability of its members, officers and employees. You agree that the limitations of warranties and liabilities set out in these Terms will protect, and you will not bring any claim personally against, Mettle Forger’s members, officers or employees in respect of any losses you suffer in connection with the Site.
EXTERNAL LINKS DISCLAIMER
Mettle Forger does not guarantee, approve or endorse the content, information, products or services available at these third-party websites, nor do such links represent or endorse the accuracy or reliability of any content, information, products or services provided on or through any third-party websites, including, without limitation, warranties of any kind, either express or implied. You assume complete responsibility and risk in your use or access of any third-party websites.
You acknowledge and agree that Mettle Forger shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any content, information, products or services available on or through any such websites. You should read the terms and conditions and privacy policies of any third-party websites that you visit.
You hereby agree to indemnify, defend and hold harmless Mettle Forger and its affiliates and their respective officers, directors, employees, agents, licensors, third party information providers, and service providers from and against any and all losses, injuries, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising or resulting from your use of this Site, any information or content you submit or post to Mettle Forger or the Site, and any breach by you of any provision of these Terms.
Mettle Forger reserves the right, but is not obligated, to assume, at its sole discretion and own expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Mettle Forger in its defense of such matter.
Mettle Forger may transfer, sub-contract or otherwise deal with Mettle Forger’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
These Terms and your use of the Site shall be governed and construed in accordance with the laws of the State of Connecticut, without regard to principles of conflict of laws, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of the State of Connecticut. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
CHANGES TO TERMS
These Terms are subject to change at anytime and without notice. Revised terms will apply to the use of this Site from the date of the publication of the revised terms on this Site. It is your responsibility to check this Site regularly for any changes to the Terms.
By continuing to access or use our Site after any changes to the Terms become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using or accessing the Site.
We may terminate or suspend access to, or use of, the Site at any time, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
If any provision of these Terms is held to be unlawful, invalid or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If any unlawful, invalid or unenforceable provision would be lawful, valid, or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.