Last Modified: November 15, 2023
THESE TERMS OF USE A LEGAL AGREEMENT BETWEEN YOU (REFERRED TO HEREIN AS “YOU” OR WITH “YOUR”) AUTONOMOUS GROUP INC., A DELAWARE CORPORATION D/B/A FORGD INC. AND ITS AFFILIATES AND SUBSIDIARIES (TOGETHER, “FORGD”, “WE”, “US” OR “OUR”) THAT APPLIES EACH TIME YOU USE OR ACCESS FORGD’S WEBSITE (THE “WEBSITE”), INCLUDING ANY EDUCATIONAL MATERIAL ONLINE PLATFORM SERVICES AND TOOLS, AND ASSOCIATED WEBPAGES, PORTALS, APPLICATIONS, FEATURES, AND CONTENT THEREIN (COLLECTIVELY, THE “CONTENT”). YOU SHOULD THEREFORE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE CONTENT AND ITS FUNCTIONALITIES.
IN PARTICULAR, THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL, AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE CONTENT AND ARE INSTRUCTED TO EXIT AND/OR UNINSTALL THE CONTENT IMMEDIATELY.
The Content on this website, including interactive tools and educational information, is intended to provide insights into business strategies, designs, and operations, such as calculations, market reports, business intelligence, and best practices (“Tools”). These Tools are for illustrative purposes only, and You are responsible for verifying their accuracy and reliability.
You understand that the Content and Tools do not constitute legal, tax, or financial advice. Your use of the Content, website functionalities, transactions, and information derived from them is your sole responsibility. You must also adhere to all applicable laws, including the Commodity Exchange Act and SEC regulations. Please note that Forgd is neither registered nor licensed with these regulatory bodies, and they have not reviewed the website's Content or software.
Do not take or refrain from taking any action solely based on the information provided on the website. Seek independent professional advice from licensed experts before making any financial or legal decisions. You acknowledge that you have not relied on Forgd or its Content for professional advice.
The information on this website is for general informational purposes, and we do not guarantee its accuracy, completeness, or usefulness. Any reliance on this information is at Your own risk. We disclaim all liability for any reliance on this material by You, other Website visitors, or anyone informed of the Content.
Please be aware that any information posted on the Website should not be interpreted as an intent to form a contract, nor should it be considered an offer from Forgd to buy, sell, or exchange crypto-assets or establish any market for such activities.
These Terms of Use provide You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Content, including the Tools, during the Term specified herein solely for Your personal, internal business use, conditioned on Your continued compliance with all provisions of these Terms of Use (including without limitation any external terms and documentation linked or referenced herein).
When using the Content in accordance with the foregoing license, You shall not directly or indirectly:
You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Content. In addition, You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and information security with respect to Your use of the Content. If You access the Content on behalf of any organization, Your organization shall be bound to these Terms of Use and be liable for any breach by You, and You represent that You have all rights, power, and authority to agree to this Terms of Use on behalf of Your organization.
The Content is not intended for use or access by any individual under the age of thirteen (13) years, and Forgd does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.
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 Content thereafter. However, any changes to the dispute resolution provisions herein will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Content following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page each time You access this Content so You are aware of any changes, as they are binding on You.
We reserve the right to withdraw or amend the Contents, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any of the Content is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some or all of the Contents.
You are responsible for both:
To access the Contents or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Content that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our privacy policy , and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
If You choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.
Certain features of the Content may permit You to upload, post, display, transmit, or otherwise provide certain requested information, content, links, files, or other materials to the Website for feedback or input (each a “Submission” and collectively “Submissions”). You hereby grant Forgd a royalty-free, fully transferable, fully sublicensable license to use, display, copy, perform, reproduce, modify, record, distribute, and create derivative works of Submissions in an anonymized fashion in connection with: (i) Forgd’s operation of the Content and its features and functionalities; (ii) Forgd’s development, promotion, and implementation of its products, services, programs; and (iii) Forgd’s research, development, and other business operations.
In addition, You agree that You will not upload, post, display, or transmit any Submission(s) that (i) infringes, misappropriates, or otherwise violates the personal or proprietary rights of others; (ii) contains any virus, malware, worm, Trojan horse, disabling device, or any other harmful or malicious script, code, or tool; (iii) impersonates any person or entity or falsely states or otherwise misrepresents Your affiliation with a person or entity; (iv) contains unsolicited communications, promotions, or advertisements, or spam; (v) manipulates data or identifiers in order to misrepresent or disguise the origin of the Submission.
Forgd shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions.
By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Content, You represent and warrant that You possess all legal rights required to upload, post, display, and/or transmit each Submission and permit Forgd to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law and Your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.
All content included as part of the Content, such as reports, text, graphics, logos, and images, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Content, are the property of Forgd or its applicable third-party licensors, and are protected by copyright and other domestic and international laws governing intellectual property and proprietary rights. Forgd reserves all rights in the Content not expressly granted herein.
You agree that You do not acquire any ownership rights in any part of the Content under these Terms of Use or through Your use of the Content. Forgd does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by these Terms of Use.
You must not:
You must not access or use for any commercial purposes any part of the Website or any of its Contents other than as intended or described.
If You wish to make any use of the Contents other than that set out in this section, please address Your request to: legal@forgd.com.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Forgd. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The term “Forgd,” our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Forgd or its affiliates or licensors. You must not use such marks without the prior written permission of Forgd. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Content only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Content:
Additionally, You agree not to:
We may update the Content from time to time, but its content is not necessarily complete or up-to-date. Any of the Content may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Content, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.
Certain services, features, or components made available via the Content are delivered by third-party providers. By using any feature, service, or functionality originating from the Content, You hereby acknowledge and consent that Forgd may share information and data that You submit or upload to the Content with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality, subject to Forgd’s Privacy Policy.
References or links in the Content to any commercial products or services, or Forgd’s use or display of any business, firm, corporation, or trade name on the Content, do not constitute endorsement by Forgd of any such product, service, or entity. Forgd makes no representation or guarantee whatsoever with respect to any third-party products or services.
FORGD EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE CONTENT, AND YOU AGREE THAT FORGD SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, REGARDLESS OF WHETHER SUCH DEALINGS WERE FACILITATED OR PERFORMED IN CONNECTION WITH THE CONTENT.
Additional notices, terms, and conditions may apply to services, receipt of or access to certain materials, participation in a particular program, and/or to specific portions or features of the Content, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Content, and the terms of app stores, digital distribution services, or third-party payment processors. Your use of any such third-party feature, tool, application, or API is conditioned on Your acceptance of all third-party terms applicable thereto, and You agree to abide by all such terms in connection with Your use of the Content. You agree that: (i) these Terms of Use operate in addition to any terms of service imposed or required by any such third-party provider; and (ii) the terms of these Terms of Use supplement and do not alter or amend any such third-party terms of service.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, including any of the Content, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FORGD NOR ANY PERSON ASSOCIATED WITH FORGD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER FORGD NOR ANYONE ASSOCIATED WITH FORGD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, FORGD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FORGD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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, ANY CONTENT ON 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.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Forgd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 Content and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Website.
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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware 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 New York, in each case located in the New York City although we retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
In the event of a dispute between the Parties related to these Terms of Use or the breach thereof, the Parties shall participate in at least one (1) live or teleconferenced (i.e., using Zoom or a similar videoconferencing software that allows the Parties to communicate in real time) mediation session with an American Arbitration Association (“AAA”) neutral. The Parties agree to participate in mediation in good faith and the Parties agree to share equally in the cost of such mediation.
Should the Dispute not be settled within seven (7) days following the live mediation session, either Party may then commence a binding arbitration administered in New York, New York by the AAA under its Commercial Arbitration Rules. A single arbitrator shall preside, and proceedings shall be conducted remotely to the maximum extent possible. Each Party shall pay its own expenses in such arbitration, including its attorneys’ fees, subject to reapportionment by the arbitrator in a final award. The language of the arbitration shall be English. The prevailing Party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in such proceeding in addition to any other relief to which it may be entitled. Any interim or provisional relief that would be available from a court of law shall be available in accordance with the rules of AAA, however, nothing in this Agreement shall preclude the Parties from obtaining preliminary injunctive relief in a court of competent jurisdiction located in New York, New York if necessary to prevent irreparable harm pending the conclusion of any arbitration. The final arbitration award may be confirmed in a state or federal court located in New York, New York and the Parties agree to waive any claim of improper venue or forum non conveniens.
BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS TOS OR YOUR USE OF THE CONTENT. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS TOS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE 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.
You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo; or, (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Content is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.
The relationship between You and Forgd under these Terms of Use is that of independent contractors, and nothing herein or in Your use of the Content shall be construed as creating any joint venture, partnership, employment, or agency relationship.
No waiver by Forgd of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Forgd to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between You and Forgd regarding Your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by Autonomous Group Inc., 515 West 38th Street, Apartment PH1B, New York, New York, 10018.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: legal@forgd.com.