Date of last modification: 4-April-2023
1. SPARTAN FORGE/EASTMANS’ ACCOUNT
A. Account Responsibility
To access all features of the Service, you need to register for a Spartan Forge Account. By registering, you confirm that you're at least 18 years old and can receive services under applicable laws. Provide accurate information on the registration form and keep it up to date. If you give false information, we can suspend or terminate your Account and deny future access. You're responsible for paying all charges, including taxes, related to your Account use.
2. INTELLECTUAL PROPERTY
A. Copyright Information
Content within the Services is owned and/or licensed by us and is protected by copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You can't copy or download any content unless we give you written permission. You also can't sell, modify, distribute, or exploit our copyrighted works without our written consent. You can only use the content for personal, non-commercial purposes and can't remove any copyright, patent, trademark, or other proprietary notices from the content. We reserve all rights to the content not expressly granted to you. Unauthorized copying may result in termination of your account and legal action. If you believe your work has been infringed, contact the Designated Agent. Any other inquiries won't be answered. Failure to comply with these rules may invalidate your notice.
The SPARTAN FORGE, SPARTAN FORGE.AI and trademarks and the associated graphics, logos, iconography and service marks are the property of Spartan Forge, LLC (collectively, the “Trademarks”). No license for the use of the Trademarks is granted to you under these Terms of Service or by your use of the Website. Unauthorized use of the Trademarks in any manner is strictly prohibited and may not be used without prior written consent. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
C. Rights of Publicity
You agree to our use of your name, likeness, statements, biographical information, and city and state address for advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
IN THE EVENT OF A CONTEST/PROMOTION, YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME PLACED A WINNERS’ LIST.
3. USER CONTENT
You can post User-Generated Content on the Website or mobile app, like photos or comments, but doing so means you give us an irrevocable right to use and distribute that content, your name, likeness, and biographical information for any purpose, without payment or authorization from you. You must have the legal right to post the content and can't violate the intellectual property rights of others. By posting, you waive the right to approve or inspect the material and release Spartan Forge from any claims related to its use. Your content may be accessed by the public, and we're not responsible for any consequences of its publication. We have the right to determine if content is appropriate and may remove infringing content or terminate your Account if you're a repeat infringer.
4. RIGHTS AND UTILIZING THE SERVICE
A. User Rights
To the extent that the Service provides access to any online software, applications or other similar components, then Spartan Forge grants you a limited, non-exclusive, time-limited, non-transferable, non-sublicensable, revocable license to access and use (including the software) such components only in executable, machine-readable, object code form within the online platform provided by Spartan Forge and only for your personal, non-commercial purposes subject to these Terms of Service.
Spartan Forge makes available mobile apps for access to and use of certain components of the Service (collectively, “Mobile Apps”). Subject to your compliance in all material respects with the terms and conditions of the TOS and, if you access or use the Mobile App on Apple iOS or Google Play Store, the usage rules set forth in the iTunes App Store Terms of Service, Spartan Forge grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile Apps on a personal mobile device that you own and control, in executable, machine-readable, object code form only and solely for your personal, non-commercial purposes. You acknowledge and agree that the Mobile Apps are licensed, not sold, to you for use only under the terms and conditions of the TOS.
If you make an in-app purchase in a Mobile App, the applicable fee may be denominated in your local currency in the iTunes App Store (https://itunes.apple.com), Google Play Store (https://play.google.com/store/apps)
or any other applicable app store through which you obtain the Mobile App (each, an “App Store”). The App Store collects the applicable fee from you on your device. You should consult the App Store to understand its sales terms and determine whether the fee includes all applicable taxes, currency exchange settlements and other charges. You are solely responsible for paying all such taxes, fees and other charges. Spartan Forge relies on the App Store to collect fees and to report on the status of accounts. Your access to the Service may be suspended or terminated if you do not make payment on time or in full. In-app purchases are managed by the App Store directly. Spartan Forge does not have the ability to manage any aspect of your in-app purchases on your behalf, including, but not limited to, initiating, canceling or refunding purchases.
If you use the Service on an Apple device, then you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
iOS applications may use Apple Services in order to work properly. That includes iCloud services, Apple In-App Purchase service, etc.
Android applications may use Google Play Services in order to work properly. That includes Google Maps services, Google Analytics, Google In-app Billing, and other Google applications.
If you elect to provide or make available to Spartan Forge any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Feedback”), Spartan Forge shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
C. Non-Continuous Updates
Some of the information provided via the Mobile Apps originates from other users of the Service and, as such, is intrinsically fluid, subject to fluctuation, and may be inaccurate, incomplete or outdated. We do not provide any warranties or representations of any sort regarding such information’s credibility or reliability.
D. Location-Based Service
Some features of the Mobile Apps make use of detailed locations, route, and/or mapping information. For example, in the form of GPS signals and other information sent by your mobile device on which the Mobile Apps are installed and activated. These features cannot be provided without utilizing this technology.
We allow you to use the Service via the Mobile Apps only if you choose to set up an account with a username and password, which allows another layer of protection over your data in the event a third party improperly gets a hold of your mobile device/desktop that you use to access the Mobile Apps.
E. Internet Connection and Associated Charges
The Service requires an Internet connection. Any Internet connection required to use the Service, including via the Mobile Apps, and any associated charges, incurred by your use of the Service are your exclusive and sole responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Mobile Apps requires an online (e.g., WiFi, 3G, 4G, or 5G) connection between you and your cellular device and the Internet. The expenses of such a connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Continued use of location services running in the background can dramatically decrease battery life.
F. Using the Service
You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Spartan Forge. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Spartan Forge. The Software may not be used in any way that is not expressly permitted by these Terms of Service.
G. Export Control
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
H. Links and Commercial Information in the Software
The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Spartan Forge may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Spartan Forge cannot and does not guarantee the reliability or accuracy of third party Ads. Spartan Forge will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.
Insofar as the Software includes links to services or applications not operated or managed by Spartan Forge, Spartan Forge will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Spartan Forge will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.
YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE OR MACHINERY. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.
Spartan Forge does not warrant the Service will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device. You further acknowledge that compatibility and interoperability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, loss of data located on your mobile device, and/or corruption of the software and files located on your mobile device. You acknowledge and agree that Spartan Forge has no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
J. Land Boundaries and Accuracy
The Service may provide land boundary and land ownership information to serve as a reference to customers/users and is provided for informational purposes only. This information is received from users and third parties and Spartan Forge is not responsible for the accuracy or completeness of such information and is not responsible for in any way or in regards to any dispute over land boundary lines or ownership information. The user is solely responsible for using data at their own risk.
Spartan Forge is not responsible for any damages that may arise from the Service’s mapping application. Mapped property boundaries may or may not reflect actual legal holdings. Please observe and respect all marked boundaries and signs on property as you are solely responsible for determining which areas are private property.
In addition, subject to your compliance in all material respects with the TOS, if you access or use the App on Apple iOS or Google Play Store, the usage rules set forth in the iTunes App Store Terms of Service and the Google Play Store Terms of Service, as applicable.
If you make an in-app purchase in the App, the applicable fee may be denominated in your local currency in the iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you obtain the Mobile App (each, an “App Store”).
The App Store collects the applicable fee from you on your device. You should consult the App Store to understand its sales terms and determine whether the fee includes all applicable taxes, currency exchange settlements and other charges. You are solely responsible for paying all such taxes, fees and other charges. We rely on the App Store to collect fees and to report on the status of accounts. Your access to the App may be suspended or terminated if you do not make payment on time or in full. In-app purchases are managed by the App Store directly. We do not have the ability to manage any aspect of your in-app purchases on your behalf, including, but not limited to, initiating, canceling or refunding purchases.
If you use the Service on an Apple device, then you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the TOS, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the TOS, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of the TOS. Upon your acceptance of the TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third party beneficiary thereof.
iOS application may use Apple Services in order to work properly. That includes iCloud services, Apple In-App Purchase service, etc.
Android application may use Google Play Services in order to work properly. That includes Google Maps services, Google Analytics, Google In-app Billing, and other Google applications.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
5. TERMS OF SALE/TRANSACTIONS
If you wish to purchase any Product or Service made available through the Website (each such purchase, a “Transaction”), it will be subject to the terms of sale as set forth herein and as also set forth on the Website during the check-out procedures.
The following terms of sale concern only those transactions regarding the purchase of Products via the Shop tab on the Website and do not apply to any third-party seller offerings.
By placing a Transaction, you are offering to purchase a Product via the Shop tab on the Website, you understand and agree that all orders are subject to availability and confirmation of the order price.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Spartan Forge reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Spartan Forge or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
In order to complete a purchase with Spartan Forge for a Product or Service, you must be over 18 years of age.
A. Our Contract
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A sales transaction between us will not be completed until we send you confirmation by e-mail that the goods which you ordered have been fulfilled. Only those goods listed in the confirmation e-mail sent at the time of order placement will be included in the completed sales transaction.
B. Pricing and Availability
We try and ensure that all details, descriptions and prices which appear on this Website are accurate although errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund. Fulfillment times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
You may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Spartan Forge the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to complete the sales transaction. Your card will be debited upon authorization being received. The funds received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been fulfilled and you have been sent a confirmation email, the funds paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
D. Delivery; Shipping
If you order tangible Products from the Website that require delivery, we'll deliver them as soon as possible, subject to availability. The delivery date is only an estimate and depends on you providing all necessary information promptly. If you delay shipment, we may charge you extra costs resulting from the delay. We won't be responsible for any delays or damages during transit, and our failure to deliver within the estimated time won't be a breach of contract. We'll deliver the Products to the location you specify, using standard packaging and shipping methods. The quantity recorded on our dispatch will be considered conclusive evidence of what you received, unless you can prove otherwise. We won't be liable if we fail to deliver the Products to the Delivery Location. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery to the carrier.
6. PAID SERVICES
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY TAXES ASSOCIATED THEREWITH.
We reserve the right to change our fees or billing methods at any time.
You may pay fees using the methods available for the particular Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Service. When you provide credit card or other payment information to us or our third party provider, you represent that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. We reserve the right to utilize third party credit card updating services and identify verification services to obtain current expiration dates on credit cards provided by you to us and verify that information you have provided is true and accurate.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
7. TERMINATION OF SERVICES
We may terminate any Service at any time.
We may also terminate your Account(s) (and access to all related entitlements) for any reason, including, but not limited to, for violation of these Terms of Service, illegal or improper use of your Account, or illegal or improper use of our Services, products, or Intellectual Property and without prior notice to you. If you have more than one Account, we may terminate all of your Accounts and all related entitlements. We may issue you a warning, or we may immediately terminate any and all Accounts that you have established. You acknowledge that we are not required to provide you notice before terminating your Account(s). If we terminate your Account, you may not participate in a Service again without our express permission. We reserve the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account.
If your Account, or a particular subscription for a Service associated with your Account, is terminated, no refund will be granted; The Account and anything within the Account will belong solely to us and will be forfeit by you.
8. PRODUCT AND SERVICES OFFERING
Services may require or allow you to download software, software updates or patches, or other utilities and tools from us or our licensors onto your computer (Software). We grant to you a non-exclusive, limited license to use the Software solely for the purpose stated at the time the Software is made available to you. You may not sublicense, or charge others to use or access the Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Software. You may not modify the Software or use it in any way not expressly authorized in writing by us. You understand that the introduction of various technologies may not be consistent across all platforms and that the performance of the Software and related Services may vary depending on your computer and other equipment.
From time to time, we may provide you with updates or modifications to the Software. You understand that certain updates and modifications may be required in order to continue using the Software and Services.
You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms of Service, the Service or any services offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Web sites (collectively, a “Circumvention Act”). If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, we reserve the right to institute civil or criminal proceedings against you and to report you to the relevant authorities.
9. DISCLAIMER; LIMITATIONS ON WARRANTY; LIABILITY; RISK OF LOSS
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND SERVICE IS AT YOUR SOLE RISK. NEITHER SPARTAN FORGE NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, MERCHANTS, SPONSORS, LICENSORS, COMPONENT SUPPLIERS (BOTH HARDWARE AND SOFTWARE), AND/OR ANY THIRD PARTY WHO PROVIDES PRODUCTS OR SERVICES PURCHASED FROM OR DISTRIBUTED BY SPARTAN FORGE (COLLECTIVELY “PROVIDERS”), OR THE LIKE, WARRANT THAT WEBSITES AFFILIATED WITH PROVIDERS, INCLUDING BUT NOT LIMITED TO THIS WEBSITE, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, KEYBOARD LOGGERS, SPYWARE, ADWARE, MALWARE, HARMFUL OR MALICIOUS CODE, OR OTHER DEFECTS. THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. SPARTAN FORGE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING WHETHER YOU WILL BE ABLE TO HARVEST AN ANIMAL, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. FURTHERMORE, SPARTAN FORGE SHALL NOT BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE OR STATEMENTS POSTED ON THE SERVICE BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED SPARTAN FORGE SPOKESPERSON. AT NO TIME SHOULD THE OPINIONS, VIEWS, ADVICE OR STATEMENTS PROVIDED BY ADVERTISERS, CONTENT PROVIDERS, OTHER USERS, GUESTS, INDEPENDENT WRITERS OR EXPERTS BE RELIED UPON FOR IMPORTANT PERSONAL DECISIONS WITHOUT INDEPENDENT VERIFICATION.
A. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE, INCLUDING THE SERVICE AND THE SOFTWARE, IS AT YOUR OWN RISK. WE PROVIDE THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
WE MAKE NO GUARANTEES ABOUT THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, AVAILABILITY OF GOODS OR SERVICES, INCLUDING EMAIL, OR THE ACCURACY, RELIABILITY, OR CORRECTNESS OF THE CONTENT AND/OR SERVICE. WE DON'T PROMISE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT YOU'LL HARVEST AN ANIMAL, OR THAT IT WILL BE AVAILABLE UNINTERRUPTED OR SECURE. WE'RE NOT LIABLE FOR ANY DEFECTS, ERRORS, VIRUSES, OR HARMFUL COMPONENTS. YOU'RE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING OR INSTALLING ANY SERVICE OR SOFTWARE OBTAINED THROUGH THE WEBSITE. SOME JURISDICTIONS DON'T ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
ANY ADVICE OR INFORMATION OBTAINED FROM THE WEBSITE OR SERVICE DOESN'T CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS.
ALL CONTENT AVAILABLE THROUGH THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU'RE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION BEFORE TAKING ANY ACTION. ALWAYS RESPECT PROPERTY LINE POSTINGS AND VISUALLY CONFIRM BOUNDARIES, ROADS, AND PATHS. DON'T USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE DIRECTION, DISTANCE, OR LOCATION.
THE CONTENT AVAILABLE THROUGH THE SERVICE ISN'T A LEGAL SURVEY. OWNERSHIP OF LAND, WHETHER PUBLIC OR PRIVATE, CAN CHANGE AT ANY TIME. FOR THE DEFINITIVE DESCRIPTION OF REAL PROPERTY, CONSULT THE DEED OR OFFICIAL RECORD MAINTAINED BY THE RELEVANT GOVERNMENT AUTHORITY.
B. Limitation of Liability
SPARTAN FORGE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SPARTAN FORGE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPARTAN FORGE NOR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “SPARTAN FORGE AFFILIATES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, THE SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR SERVICES, FROM INABILITY TO USE OUR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES AND/OR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES AND THIS WEBSITE.
You agree to defend, indemnify and hold harmless Spartan Forge and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Services. Without limiting the generality of the foregoing, you agree to indemnify and hold us harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Services and for all of your communication and activity on Services, including any Content you contribute, and that you will indemnify and hold harmless Spartan Forge, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Services, including any Content you contribute.
Spartan Forge reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Spartan Forge in that matter. This Section shall survive termination of this Terms of Service.
11. LINKS TO THIRD-PARTY SITES
12. GENERAL TERMS
If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect.
Any failure on our part to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by us.
D. Governing Law; Disputes; Remedies
E. Statute of Limitations
F. Pursuant To 47 U.S.C. Section 230(d) as amended
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such websites.
G. Notice for California residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
13. ENTIRE AGREEMENT
We may at any time update, modify or otherwise revise these Terms of Service by updating this posting. You should visit this page from time to time to review these Terms of Service to learn and understand any changes because they are binding on you. Your use of this Website following any such revisions or modifications constitutes your agreement to follow and be bound by the terms as revised/modified.
You are reminded to print a copy of these Terms of Service in order to avoid misunderstandings at a later time.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
These Terms of Service may be changed at any time, without prior notice and solely at the complete discretion of Spartan Forge and Spartan Forge.com.