Terms & Conditions
1. Acceptance of the Agreement
Thank you for visiting The Pad Forge website. All statements in this terms of use apply to The Pad Forge. The term The Pad Forge is used in the following statements in reference to The Pad Forge By using The Pad Forge website, you signify your agreement to these Terms of Use as set forth below. The Pad Forge reserves the right to change, modify, add, or remove portions of these terms at any time. Please read these terms carefully, and check periodically for changes. By using The Pad Forge website, you agree to comply, and be bound by, all changes that occur to these Terms of Use. It is highly recommended that you regularly review the Terms of Use page, in order to become aware of any new additions. However, by using any part of The Pad Forge website, you agree that you are constructively aware of all terms set below, even if these terms are recently added. Further, The Pad Forge will not send notification to its known users concerning changes to these Terms of Use. If any specific term within these Terms of Use are deemed illegal, or void, such determination shall not alter all remaining provisions not specifically deemed illegal or void.
2. Limited Right to Use
Subject to exceptions provided below, when you become a registered member of The Pad Forge website, you are granted a non-exclusive, non-transferrable, revocable license (a) to access and use The Pad Forge website strictly in accordance with these Terms of Use; (b) to use The Pad Forge website solely for internal, personal, non-commercial purposes; and (c) to print out material from The Pad Forge website solely for internal, personal, and non-commercial purposes and provided you maintain, and honor, all copyright and other policies contained therein. No print out or electronic version of any part of The Pad Forge website or its contents may be used by you in any litigation or arbitration whatsoever under any circumstances.
To become a Member of The Pad Forge website, you must complete the registration process provided elsewhere in this site. When and if you register with The Pad Forge website, you agree to provide in your registration accurate, current and complete information about yourself. Further, you agree to maintain and update your registration information to keep it accurate, current, and complete. By submitting a registration form to The Pad Forge website, you explicitly agree that if any of your offered information is inaccurate, untrue, incomplete, or outdated in any respect, The Pad Forge reserves the right to terminate your use of this site, and to invalidate any rights you receive through the Terms of Use.
By becoming a member to The Pad Forge website, you represent that you are at least 18 years old, legally of age to enter into a contract, and legally capable of releasing The Pad Forge of liability. Because The Pad Forge is unable to guarantee that any member to its website is who they claim to be, The Pad Forge expressly refuses to accept responsibility or liability for any content, communication or other use or access to this site by persons under the age of 18 years old, in violation of there Terms.
Upon becoming a member to The Pad Forge website, a license shall be issued to a single individual, even if such individual is a member of a group, or a group sponsor. Each license provided by The Pad Forge shall designate the entire scope of permitted use associated with the license given. The licensee is solely responsible for maintaining the confidentiality of the issued username and password, and for all activities that are conducted through the licensee’s account. Each licensee shall assume a non-delegable duty to accept all responsibility for activity associated with the licensee’s account, including safeguarding all copyright privileges associated with this site.
Note For Guardians: If the licensee is permitted to permit access to this site to persons under 18 years old, the licensee is solely responsible for supervising the content reviewed by such persons under 18 years old, and the licensee shall accept full, and absolute, legal responsibility for ensuring that any person under 18 years old, accessing this site, is supervised adequately to safeguard the physical well-being of such visitors, and ensuring that such visitors does not provide information on the site that is prohibited under state or federal law.
3. Disclaimer
The information, content and documents from or through the site are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Although we strive to provide seamless and perfect services, the information and services may contain bugs, errors, problems or other limitations from time to time.
To the full extent permissible under state and federal law, The Pad Forge website specifically disclaims all warranties, express or implied, including, as permitted, but not limited to, the implied warranty of merchant ability and fitness for a particular purpose, as relates to the instructional materials provided by The Pad Forge website, and all merchandise offered through The Pad Forge website (although, Members may exercise all legal rights against the manufacturer of all defective, or flawed, merchandise purchased at The Pad Forge website).
4. Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall The Pad Forge website, its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use The Pad Forge web site. This limitation of liability includes, without limitation, the following: damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction. Further, the above limitation of liability applies even if an authorized representative of The Pad Forge website has knowledge, should have possessed knowledge, or had been formerly advised, of the possibility of such damages. In no event will The Pad Forge website be liable for any damages in excess of the Membership fees paid by you in connection with your use of the site
5. Waiver of Liability
As a precondition for Membership to The Pad Forge, all users must agree to the following waiver of liability. Payment of subscription dues to The Pad Forge, creates automatic agreement to the waiver identified immediately below. Further, signature to any additional waiver of liability offered by The Pad Forge staff does not vacate, or rescind, the waiver listed below, rather additional waivers will co-exist with the waiver below, duplicating the understanding between the Member and The Pad Forge website.
As a Term of Use related to any activity, program, or other offering within The Pad Forge website, all Members, guests, or even unauthorized users of The Pad Forge website, or user of any material found within The Pad Forge website hereby acknowledges the following.
6. Indemnification
As a precondition to using The Pad Forge website, you agree to indemnify, defend and hold The Pad Forge, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) your activities in connection with use of The Pad Forge website, and/or (iii) your failure to safeguard the material in this website, such that any third party gains access, and distributes, copyrighted material belonging to The Pad Forge website . This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
7. Forum Selection
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Arkansas, and any nonresident of the State of Arkansas agrees to forego federal jurisdiction over any claims alleged against The Pad Forge website, its employees, affiliates, officers, or instructors, should such federal jurisdiction otherwise exist.
8. Termination
The above Terms of Use are effective unless, and until, these terms are terminated by either you or The Pad Forge. You may terminate the Term of Use agreement at any time. Termination on your part REQUIRES that you immediately cease all future use The Pad Forge website. The Pad Forge may also terminate the Terms of Use agreement, and may without warning, deny you access to this site, if The Pad Forge concludes that you have failed to comply with any term or condition of the Terms of Use agreement. You do not have any right to appeal The Pad Forge’s decision to revoke your access to this site.
Upon any termination of the Terms of Use agreement, by either you or The Pad Forge, you are required to promptly destroy all materials downloaded or otherwise obtained from this Site, unless you have otherwise acquired a reoccurring right to use such materials, and your use is in compliance with the license acquired at the time of purchase.
9. Copyright
Unless otherwise noted, all materials within The Pad Forge website, including images, text material, illustrations, designs, icons, photographs, drawings, program content, video clips and other materials that are part of The Pad Forge website are protected by copyright, trade mark, or intellectual property rights, as established by international and U.S. copyright laws. The Pad Forge specifically reserves all its copyright, trade mark, and intellectual property, rights as existing under U.S. and international copyright laws.
Use of any material within The Pad Forge website, without specific authorization, shall be deemed an infringement of copyright, trademark, or intellectual property rights held by The Pad Forge website.
10. Children’s Online Protection Act (COPPA)
The Pad Forge website deems itself exempt from the provisions of COPPA, and specifically is not targeting children under the age of 13 for participation in programs offered through this website. Only persons of sufficient age to contract in the state of Arkansas are permitted to become Members to The Pad Forge website. No effort is taken on the part of The Pad Forge website to gather, save, or otherwise maintain, any information it receives from persons under the age of 13, with or without parental consent. It is understood that any requests for information submitted to The Pad Forge website, if originating from a person under the age of 13, is submitted specifically for the limited purpose of obtaining pricing, or in depth program review, information from The Pad Forge website. If a person under 13 provides an e-mail address, home address, or telephone number, in connection with a request for information by The Pad Forge, such information shall not be retained by The Pad Forge after the requested information has been provided.
The programs, and materials, offered by The Pad Forge website are explicitly for persons of sufficient age to enter into contract, and waive liability. The Pad Forge is unable to verify the age of every person who requests information from The Pad Forge website, and as such, it is a Term of Use that only persons over 13 years of age are permitted to request information from The Pad Forge website, and only persons over 18 years of age can become members of The Pad Forge website. Subject to any specific terms and conditions established within the licensing agreement purchased by each member.