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).

• 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.

• 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.

• 5.1. 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:
  

• 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.
  

• 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.
  

• 7.1. 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.

• 8.1. 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.