Your Agreement

You understand that by using our site, you are agreeing to be bound by these Terms of Use. Please do not use our site if you do not want to be bound by these Terms of Use. We may change these Terms of Use at any time. Your continued use of our site after we have posted changes to these Terms of Use means that you agree to be bound by the changes, so please check our Terms of Use regularly for any changes.

Use of our site

You may not use our site for any unlawful purpose, or for any other purpose that is prohibited by these Terms of Use. Also, you may not interfere or attempt to interfere with the proper operation of our site, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to our site through hacking, password mining or any other means. We reserve the right, in our sole discretion, to deny you access to our site, or any portion of our site, without notice.

Privacy Policy

Please refer to www.proforged.com/privacy for our policies with respect to information that we may collect from you when you use of our site.

Linking and Framing

You may not place a link to our site on any other web site, or frame our site within another web site, without our prior written permission.

Contents of our site

Unless otherwise indicated, all contents of our site are © 2012 Proforged, LLC. All rights reserved. The contents of our site are protected by the copyright laws and treaties of the United States and other countries. You may print out and use a copy of the contents of our site for personal, non-commercial purposes which do not harm our reputation, provided that you do not remove any copyright or other proprietary notices from the copy. You may not otherwise copy, distribute or modify any contents of our site without our prior written permission.

Trademarks & Service Marks

Proforged.com and PROFORGED are our service marks and trademarks. Other names and marks that may be mentioned on our site are marks of their respective owners.

Links to third party web sites

Our site may contain links to third party web sites. Any such links are provided for your convenience only. We do not control those web sites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.

Submissions

We may provide our contact information and email links on our site because we would like to hear from you. However, we do not want you to, and you should not, send us any documents or other materials that contain confidential or proprietary information. You agree that any documents or other materials that you send us become our property. You grant us an unrestricted, irrevocable, royalty-free, license to copy, distribute and modify any documents or other materials that you send us, and to use for any purpose any ideas, trade secrets, know-how or other confidential or proprietary information disclosed in those documents or other materials.

Disclaimers and Limitation of Liability

We are providing access to our site and its contents as a convenience to you. Our site and its contents are provided “AS IS.” Neither we nor any of our affiliates or suppliers assume any responsibility for the accuracy of any information contained on our site, for any interruptions or errors in accessing our site, or for any viruses or other harmful components contained on or site or the server from which our site is made available. We reserve the right to revise our site or withdraw access to our site at any time. WE AND OUR AFFILIATES AND SUPPLIERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE PRODUCTS OFFERED ON OUR SITE OR RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of our site.

Governing Law and Jurisdiction

These Terms of Use, and all matters arising directly or indirectly from your access to or other use of our site, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement between you and us with respect to our site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our site.