Terms of Use

Welcome to Metaforge.com. Metaforge LLC and/or its affiliates ("Metaforge", “we,” “our” or “us”) provide website features and other products and services to you when you visit or shop at Metaforge.com, use Metaforge products or services, use Metaforge applications for mobile, or use software provided by Metaforge in connection with any of the foregoing (collectively, "Metaforge Services"). Metaforge provides the Metaforge Services subject to these Terms of Use (these "Terms").

By using Metaforge Services you agree to these Terms and to the other policies we post. Please read them carefully, keep a copy of them for your reference, and let us know if you have any questions.

We offer multiple Metaforge Services, and sometimes additional terms may apply. When you use a Metaforge Service (for example, Consulting Services or Hands-On Services) you also will be subject to the guidelines, terms and agreements applicable to that Metaforge Service ("Service Terms"). If these Terms are inconsistent with the Service Terms, those Service Terms will control.

Changes to Terms

Metaforge reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. The most current version of the Terms will supersede all previous versions. Metaforge encourages you to periodically review the Terms to stay informed of our updates. It is your responsibility to check these Terms periodically for changes. Your continued use of Metaforge Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Metaforge grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Metaforge Services.

Privacy

Your use of Metaforge Services is subject to Metaforge's Privacy Policy. Please review our Privacy Policy for information about our data practices. We can collect and use your information in accordance with those policies.

Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Electronic Communications

Visiting Metaforge Services or sending emails to Metaforge constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on Metaforge Services, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Metaforge is not responsible for third party access to your account that results from theft or misappropriation of your account. Metaforge and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Metaforge does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Metaforge Services only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

Metaforge Services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Metaforge and Metaforge is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Metaforge is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Metaforge of the site or any association with its operators.

Certain services made available via Metaforge Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the Metaforge Services domain, you hereby acknowledge and consent that Metaforge may share such information and data with any third party with whom Metaforge has a contractual relationship to provide the requested product, service or functionality on behalf of Metaforge Services users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Metaforge Services strictly in accordance with these Terms. As a condition of your use of Metaforge Services, you warrant to Metaforge that you will not use Metaforge Services for any purpose that is unlawful or prohibited by these Terms. You may not use Metaforge Services in any manner which could damage, disable, overburden, or impair Metaforge Services or interfere with any other party's use and enjoyment of Metaforge Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Metaforge Services.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on Metaforge Services, is the property of Metaforge or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Metaforge Services. Metaforge content is not for resale. Your use of Metaforge Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Metaforge and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Metaforge or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Metaforge has no obligation to monitor the Communication Services. However, Metaforge reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Metaforge reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Metaforge reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Metaforge's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Metaforge does not control or endorse the content, messages or information found in any Communication Service and, therefore, Metaforge specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Metaforge spokespersons, and their views do not necessarily reflect those of Metaforge.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Metaforge or Posted to Metaforge Services

Metaforge does not claim ownership of the materials you provide to Metaforge Services (including feedback and suggestions) or post, upload, input or submit to any Metaforge Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Metaforge, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Metaforge is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Metaforge's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Metaforge account to third party accounts. By connecting your Metaforge account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Metaforge from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Metaforge Content accessed through Metaforge Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Metaforge, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use Metaforge Services, any user postings made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Metaforge reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Metaforge in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Metaforge agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH METAFORGE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. METAFORGE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN METAFORGE SERVICES AT ANY TIME.

METAFORGE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON METAFORGE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. METAFORGE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL METAFORGE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF METAFORGE SERVICES, WITH THE DELAY OR INABILITY TO USE METAFORGE SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH METAFORGE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF METAFORGE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF METAFORGE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF METAFORGE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING METAFORGE SERVICES.

Termination/Access Restriction

Metaforge reserves the right, in its sole discretion, to terminate your access to Metaforge Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of Metaforge Services. Use of Metaforge Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Metaforge as a result of this agreement or use of Metaforge Services. Metaforge's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Metaforge's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Metaforge Services or information provided to or gathered by Metaforge with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Metaforge with respect to Metaforge Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Metaforge with respect to Metaforge Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us

Metaforge welcomes your questions or comments regarding the Terms via the form on our website:

https://metaforge.com/pages/contact

 

Effective as of May 11, 2018

Last Updated: February 16, 2021