Terms and Conditions

This agreement applies as between you, the User of this Website and CG Forge, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Any agreements for purchase of goods or services with CG Forge must be facilitated through a formal purchase order. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

CG Forge provides a personalized subscription service that allows our members to access educational content ("CG Forge content") over the Internet on certain Internet-connected TV's, computers, and other devices. CG Forge does not guarantee that any CG Forge content can be accessed on any specific devices or platforms.

The CG Forge service is provided to you by CG Forge LLC. You have accepted these Terms of Use, which govern your use of our service and provide grounds for termination of such services as required by CG Forge. As used in these Terms of Use, "CG Forge service", "our service" or "the service" means the personalized service provided by CG Forge for discovering and accessing CG Forge content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service. References to ‘you’ in these Terms of Use indicate the member who created the CG Forge account and whose payment method is charged.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH CG Forge (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that CG Forge makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the CG Forge proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 300 Center Drive Suite 351, Superior, CO, 80027;
"System": means any online communications infrastructure that CG Forge makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by CG Forge Ltd and acting in the course of their employment;
"Website": means the website that you are currently using www.cgforge.com and any sub-domains of this site (e.g. subdomain.cgforge.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means CG Forge LLC, a Colorado limited liability company with a principal business address of 300 Center Drive Suite 351, Superior, CO, 80027.

2. Membership

  • 2.1. Upon activation of membership by you, your CG Forge membership will continue and automatically renew until terminated. To use the CG Forge service you must have Internet access and a CG Forge ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).
       
  • 2.2. CG Forge subscriptions are only offered by CG Forge LLC.  In spite of this, third parties may try to fraudulently sell subscriptions to CG Forge.  We are not responsible for the products and services provided by such third parties.

3. Promotional Offers

      We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by CG Forge at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent CG Forge membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent CG Forge membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

4. Billing and Cancellation

  • 4.1. Billing Cycle. Billing Cycle. The subscription fee for the CG Forge service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method every 1, 4, or 12 months depending on the subscription plan period that was selected. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. Subscription fees are fully earned upon payment, as an advance for access to all subscription services, and constitute a final and binding purchase for access to the CG Forge content regardless of whether you access and utilize the same. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month.  We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.


  • 4.2. Payment Methods. To use the CG Forge service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts, in addition to application of any Non-Sufficient Funds (NSF) charges that may accrue due to the declined payment. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.


  • 4.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. Following any update, you authorize us to continue to charge the applicable Payment Method(s).


  • 4.4. Cancellation. You can cancel your CG Forge membership at any time, and you will continue to have access to the CG Forge service through the end of your billing period. To cancel, go to the "Account" page on our cgforge.com website and click on the "Cancel Subscription" button.  Follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.


  • 4.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective if it affects your monthly payment amount. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.


  • 4.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason at our sole discretion, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. It is agreed that it is the user's responsibility to manage their subscription preferences.  The User also agrees that CG Forge is not liable for any financial damages or risks associated with standard usage of the website.

5. CG Forge Service

  • 5.1. You must be at least 18 years of age to become a member of the CG Forge service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.


  • 5.2. The CG Forge service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household unless otherwise allowed by your subscription plan. During your CG Forge membership, we grant you a limited, non-exclusive, non-transferable right to access the CG Forge service and CG Forge content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Any violation of the terms herein, including as to your limited license, shall constitute a material breach of this Agreement for which CG Forge shall immediately revoke any limited license to access, view, or otherwise utilize the CG Forge content, and you will not be entitled to any refund or credit for the same.


  • 5.3. You may access CG Forge content primarily within the country in which you have established your account and only in geographic locations where we offer your subscription plan and have licensed such content. The content that may be available will vary by geographic location and will change from time to time.


  • 5.4. The CG Forge service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our websites, user interfaces and promotional features.


  • 5.5. You agree to use the CG Forge service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized by us, you agree not to:
       (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the CG Forge service;
       (ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the CG Forge service, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
       (iii) use any robot, spider, scraper or other automated means to access the CG Forge service;
       (iv) de-compile, reverse engineer or disassemble any software or other products or processes accessible through the CG Forge service;
       (v) insert any code or product or manipulate the content of the CG Forge service in any way;
       (vi) use any data mining, data gathering or extraction method;
       (vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the CG Forge service, including any software viruses or any other computer code, files or programs.
       We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

  • 5.6. The quality of the display of the CG Forge content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. The minimum connection speed for HD video quality (defined as a resolution of 720p or higher) is 3.0 Mbps per stream; however, we recommend a faster connection for improved video quality. A connection speed of at least 5.0 Mbps per stream is recommended to receive Full HD video quality (defined as a resolution of 1080p or higher). A connection speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD video quality (defined as a resolution of 4K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. CG Forge makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching CG Forge content will vary based on a number of factors, including your location, available bandwidth at the time, the CG Forge content you have selected and the configuration of your CG Forge ready device.


  • 5.7. The CG Forge software is developed by, or for, CG Forge and may solely be used for authorized streaming and to access content from CG Forge through CG Forge ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the CG Forge and related third-party software.


  • 5.8. By using our service, you agree to look solely to the entity that manufactured and/or sold you the CG Forge ready device for any issues related to the device and its compatibility with the CG Forge service. We do not take responsibility or otherwise warrant the performance of CG Forge ready devices, including the continued compatibility with our service. Any claims arising from injury, damage, loss, or other defect caused by a third-party product, including software or hardware, shall be solely responsible to such third-party provider, and by signing this Agreement you hereby indemnify and hold CG Forge harmless from any claim related thereto.
   
  • 5.9. Whilst every effort has been made to ensure that all general descriptions of Services available from CG Forge correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 16.7 for incorrect Services.


  • 5.10. We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website. Routine maintenance of our website and online services may require temporary limitations to access, for which CG Forge is not liable to any claim. Further, any third-party misconduct that interrupts access, such as malicious software, does not give rise to any claim against CG Forge.


  • 5.11. All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.


  • 5.12. In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be applied as your subscription fee for that order period, but shall thereafter be adjusted for future billing periods.

6. Passwords and Account Access

  • 6.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website, you represent and warrant that:
  • 6.1.1 all information you submit is accurate and truthful;
  • 6.1.2 you have permission to submit Payment Information where permission may be required; and
  • 6.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

  • 6.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

  • 6.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be canceled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

  • 6.4 When choosing your username you are required to adhere to the terms set out above in Clause 14. Any failure to do so could result in the suspension and/or deletion of your Account.

  • 6.5 You agree that you are responsible for any activity that occurs through the CG Forge account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, CG Forge or our partners from identity theft or other fraudulent activity. CG Forge is not obligated to credit or discount a subscription for holds placed on the account by either a representative of CG Forge or by the automated processes of CG Forge. If your CG Forge ready device is sold, lost or stolen, please deactivate the CG Forge ready device. If you fail to log out or deactivate your device, subsequent users may access the CG Forge service through your account and may be able to access certain of your account information.  Only one device per account may be logged in at a time.  Interruptions of service due to account sharing may occur if the account details are shared with multiple individuals.  CG Forge is not liable for any interruptions of service due to account sharing activities by the User.

7. Disclaimers of Warranties and Limitations on Liability

  • 7.1. THE CG Forge SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE CG Forge SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CG Forge DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CG Forge SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CG Forge SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, CG Forge READY DEVICES, AND CG Forge SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).


  • 7.2. REGARDLESS OF THE PRESENCE OR ABSENCE OF INSURANCE COVERAGE, CG FORGE SHALL NOT BE LIABLE FOR LOSS OR DAMAGE OCCASIONED BY DELAYS, OR FOR LOSS OF EARNINGS, LOSS OF USE, LOSS OF PRODUCTION, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU OR OTHERS, HOWEVER CAUSED.  YOU EXPRESSLY AGREES TO LIMIT ANY AND ALL CLAIMS AGAINST CG FORGE, INCLUDING BUT NOT LIMITED TO CLAIMS ALLEGING NEGLIGENCE OR BREACH OF CONTRACT FOR ALL LOSSES OF ANY KIND, INCLUDING ECONOMIC LOSS OR INDEMNITY CLAIMS BASED ON THIRD PARTY CLAIMS, TO AN AMOUNT NOT-TO-EXCEED THE TOTAL FEE PAID UNDER THIS AGREEMENT.  THE RECOURSE OF YOU OR YOUR SUCCESSORS OR ASSIGNS AGAINST CG FORGE WITH RESPECT TO THE ALLEGED BREACH BY OR ON THE PART OF CG FORGE OF ANY REPRESENTATION, WARRANTY, COVENANT, UNDERTAKING OR AGREEMENT CONTAINED IN THIS AGREEMENT SHALL EXTEND ONLY TO CG FORGE AND NO PERSONAL LIABILITY OR PERSONAL RESPONSIBILITY OF ANY SORT WITH RESPECT TO ANY ALLEGED BREACH THEREOF IS ASSUMED BY, OR SHALL AT ANY TIME BE ASSERTED OR ENFORCEABLE AGAINST CG FORGE’S DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONSTITUENT PARTNERS, BENEFICIARIES, TRUSTEES OR REPRESENTATIVES.


  • 7.3. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.


  • 7.4 YOU AFFIRM AND ACKNOWLEDGE THAT CG FORGE DOES NOT GUARANTEE OR WARRANT THAT ANY DIGITAL FILES COMMUNICATED TO YOU ARE FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER SOFTWARE CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.  YOU AGREES THAT YOU SHALL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS TO PROTECT AND MAINTAIN THE SERVICES PROCURED BY CG FORGE.  UNDER NO CIRCUMSTANCES SHALL CG FORGE BE HELD LIABLE FOR A DATA BREACH ACTUALLY OR PROXIMATELY CAUSED BY HARMFUL DATA OR SOFTWARE.

8. Arbitration Agreement

  • 8.1. You and CG Forge agree that any dispute, claim or controversy arising out of or relating in any way to the CG Forge service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. Any controversy not settled by small claims court will be settled by arbitration according to the Commercial Arbitration Rules of the American Arbitration Association. The arbiter’s judgment may be entered in any court having competent jurisdiction. If the arbiter determines that the evidence produced through the arbitration process is insufficient to support a decision, the arbiter may conclude the arbitration proceedings without a decision. The parties shall cooperate in good faith to select a neutral, third-party arbiter to conduct the arbitration. The parties shall share equally in the cost for such arbiter, subject to later reallocation in the arbitration order. Any arbitration shall occur in Denver, Colorado unless otherwise agreed between both parties. In the event the parties are not capable of mutually selecting an arbiter, the parties shall each designate an authorized representative to act on their behalf, and such representatives shall mutually select the arbiter for resolution of the parties’ dispute. The prevailing party to any dispute shall be entitled to repayment of all attorney fees and costs incurred as a result of such dispute.


  • 8.2. If you elect to seek arbitration or file a small claim court action, you must first send to CG Forge, by certified mail, a written Notice of your claim ("Notice"). The Notice to CG Forge must be addressed to: General Counsel, CG Forge, LLC., c/o Opfer Campbell Beck P.C., 19751 East Mainstreet #215, Parker, Colorado 80138 ("Notice Address"). If CG Forge initiates arbitration, it will send a written Notice to the email address used for your CG Forge account. A Notice, whether sent by you or by CG Forge, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If CG Forge and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CG Forge may commence an arbitration proceeding or file a claim in small claims court.


  • 8.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after CG Forge receives notice at the Notice Address that you have commenced arbitration, CG Forge will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.


  • 8.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless CG Forge and you agree otherwise, any arbitration hearings will take place in the United States. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.


  • 8.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of CG Forge's last written settlement offer made before an arbitrator was selected (or if CG Forge did not make a settlement offer before an arbitrator was selected), then CG Forge will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.


  • 8.6. YOU AND CG Forge AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CG Forge agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

9. Intellectual Property

  • 9.1 Subject to the exceptions in Clause 10 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of CG Forge, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.


  • 9.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

10. Third Party Intellectual Property

  • 10.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.


  • 10.2 Subject to Clause 11 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

11. Fair Use of Intellectual Property

    Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

12. Links to Other Websites

    This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of CG Forge or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

13. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.cgforge.com or to other pages that do not require a subscription for access. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at support@cgforge.com

14. Use of Communications Facilities

  • 14.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
  • 14.1.1 You must remain civil, professional, and respectful in language - as determined by CG Forge's sole discretion;
  • 14.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • 14.1.3 You must not submit Content that is intended to promote or incite violence;
  • 14.1.4 It is advised that submissions are made using the English language as We may be unable to respond to inquiries submitted in any other languages;
  • 14.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • 14.1.6 You must not impersonate other people, particularly employees and representatives of CG Forge or Our affiliates; and
  • 14.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".

  • 14.2 You acknowledge that CG Forge reserves the right to monitor any and all communications made to Us or using Our System.

  • 14.3 You acknowledge that CG Forge may retain copies of any and all communications made to Us or using Our System.

  • 14.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

15. Termination and Cancellation of Accounts

  • 15.1 Either CG Forge or you may terminate your Account. You agree that CG Forge holds the right to terminate your account at its sole discretion, at any time without prior notice, without cause.

  • 15.2 If We terminate your Account, any current or pending orders or payments on your Account will be canceled and provision of Services will not commence immediately.  The User also agrees that any remaining time on a subscription will be lost without credit or compensation if the Account is terminated.

16. Orders and Provision of Services

  • 16.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between CG Forge and you for all current and future orders.

  • 16.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
  • 16.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 16.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 16.2.3 Relevant times and dates for the provision of the Services;
  • 16.2.4 User credentials and relevant information for accessing those services.

  • 16.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 30 calendar days.

  • 16.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.

  • 16.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected

  • 16.6 CG Forge shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.

  • 16.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

  • 16.8 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

  • 16.9  CG Forge provides technical support via our email: support@cgforge.com. CG Forge makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

17. Privacy

Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please visit https://www.cgforge.com/privacy-policy/

18. How We Use Your Personal Information (Data Protection)

  • 18.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

  • 18.2 We may use your personal information to:
  • 18.2.1 Provide Our Services to you;
  • 18.2.2 Process your payment for the Services; and
  • 18.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

  • 18.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

19. Disclaimers

  • 19.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

  • 19.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

  • 19.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

20. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

21. Availability of the Website

  • 21.1 The Website is provided “as is” and on an “as available” basis. CG Forge uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

  • 21.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

22. No Waiver

 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

23. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

24. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and CG Forge.

24. Law and Jurisdiction

These Terms and Conditions and the relationship between you and CG Forge shall be governed by and construed in accordance with the laws of the state of Colorado. Any matters arising hereunder shall be resolved in the City and County of Denver, State of Colorado.

25. Communications

  • 25.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to support@cgforge.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

  • 25.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

26. Miscellaneous

    26.1. Unsolicited Materials. CG Forge does not accept unsolicited materials or ideas for CG Forge content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CG Forge. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against CG Forge and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

    26.2. Feedback. CG Forge is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the CG Forge service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the CG Forge service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

    26.3. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the CG Forge Help Center, which is accessible through the CG Forge.com website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our websites, these Terms of Use will control.

    26.4. CSurvival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    26.5. Changes to Terms of Use and Assignment. CG Forge may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, material revisions shall, unless otherwise stated, be effective one month following notice to you. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable CG Forge service.

    26.6. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.