- the disclaimers in clause 3 relating to your use of our content; and
- the exclusions of and limitations on Forge’s liability set out in clause 6.
a. This website, including any associated software programs (Site), is operated by Forge Legal Limited (Forge, us or we), a company incorporated in England and Wales under company number XXXXX. Our registered office is at Nyde Bank, Holbear, Forton Road, Chard, Somerset TA20 2HS.
d. The Site and Content have been produced from the point of view of the laws of England and Wales only, are only suitable for use under the laws of England and Wales and are not suitable for and should not be used for the purposes of any other law.
2. Accessing our Site
a. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
b. From time to time, we may restrict access to some parts of our Site, or our entire Site, to Users who have registered with us or our partners. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
c. You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
a. You shall not use our Site, Content or any of our services:
i. in any way that breaches these Terms or any applicable local, national or international law or regulation;
ii. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
iii. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
iv. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
v. to attempt to gain, unauthorised access to, or disrupt the integrity or performance of, the Site or any of the Site’s underlying software or source code;
vi. to attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Site’s underlying software or source code, except where expressly permitted by law;
vii. for the purpose of developing a product or service that competes with the Site or Content;
viii. in a way that infringes the copyright, trademarks or other intellectual property rights owned by or licensed to us.
b. You agree not to reproduce, duplicate, copy, re-sell or sublicense to any person any part of our Site (including its features, technology or user interface) or Content for any purpose, without our prior written consent.
c. You agree not to use, copy, translate, modify, amend or create derivative works based on the Content other than in accordance with any licence that may be granted upon download of such Content.
4. InteIlectual Property Rights
a. We are the owner or the licensee of all intellectual property rights in our Site and in the Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
b. Forge Mediation is a registered trademark of Forge Legal Limited.
c. Nothing in these Terms, grants or is intended to grant any right, title or interest in the Site or the Content or any intellectual property rights contained therein. The Content must not be used or reproduced (in whole or part) for any purpose other than as expressly permitted in accordance with these Terms, including on or in connection with another website or publication, except with our express prior written permission.
d. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
e. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
f. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5. Reliance on Information
a. Except as may be expressly set out in these Terms, we give you no warranty, representation or undertaking (whether express or implied) as to the accuracy of the information on the Site and in the Content and any implied warranties, representations or undertakings in relation to the Site and the Content are excluded to the maximum extent permitted by law.
b. By using the Site and the Content, you agree that:
i. the Content is provided for information purposes only and does not (and is not intended to) constitute advice on, or a definitive or complete statement of, the law or practice on any given subject, nor to replace the need to obtain advice from a legal practitioner (or other professional adviser) as may be required in the circumstances;
ii. you will not use any Content (including any Content incorporated into internal advice for your Business) without applying your skills, knowledge and judgement;
iii. the Content does not address your or any third party’s individual requirements and is not tailored to answer any specific question or set of facts raised by you or any third party;
iv. none of the Content constitutes any solicitation, offer, opinion, representation, endorsement or recommendation by us nor does it provide legal, tax, accounting, financial or investment advice or services. It is not intended to be and should not be relied on by you or any third party to make, or refrain from making, any decisions or commitments. To the maximum extent permitted by law we do not accept any liability or responsibility for action taken as a result of the Content or other information provided by us, whether via the Site or otherwise. Appropriate independent professional advice should be obtained in relation to any specific issues, questions or set of facts and before taking or refraining from taking any action on the basis of the Content.
c. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
d. Nothing in these Terms shall operate to create a solicitor-client relationship or any other fiduciary relationship and your use of the Site or the Content shall not, to the maximum extent permitted by law, be construed to give rise to any duty of care or other duty of any kind between us and you and/or us and any third party.
6. Our Liability
a. To the extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of or damage to goodwill;
- wasted management or office time;
- loss arising out of inaccuracies or omissions in the Content or unavailability of the Content;
- loss of use or corruption of software, data or information; or
- any other indirect or consequential loss or damage of any kind,
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
b. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, bugs, errors, worms, trojans, viruses or other technologically harmful material (together, Viruses) that may infect your computer equipment, computer programs data or other proprietary material due to your use of our Site or to your downloading of any Content posted on it, or on any website linked to it due to your use of the Site or to your downloading of any Content on it, or on any website linked to it. You are responsible for ensuring that you have installed appropriate anti-virus software on your systems to protect your systems from such bugs, errors, worms, trojans or viruses.
c. For the purposes of this clause 6(c), Relevant Losses shall mean any and all liabilities, losses, damages, demands, judgments, penalties, costs and expenses (including reasonable legal fees) howsoever arising (Losses and Expenses), whether in contract or tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with these Terms, or out of or in connection with any use of (or inability to use) or reliance on the Site or the Content. You acknowledge that you are using our Site for free, and that all Content on our Site is made available for general information purposes only. We do not offer any warranty as to the accuracy, completeness or quality of such Content and you should not rely upon our Content for any purpose. As such, to the maximum extent permitted by law and subject to clause 6(d), we will not be liable to you for any Relevant Losses whatsover. You acknowledge and agree that the complete exclusion of Forge’s liability set out in this clause 6(c) is reasonable and necessary because Forge is offering free legal information to a number of Users (a significant proportion of whom it is anticipated will not previously have had access to similar legal resources) and would not be able to do so on a sustainable commercial basis if it were to assume any liability to such non-paying Users. If, notwithstanding the foregoing, we are liable to you for any Relevant Losses, the total aggregate liability of Forge in respect of any Relevant Losses that are not otherwise excluded under this Agreement shall not exceed £100.
d. Nothing in these Terms excludes or limits liability for (a) death or personal injury arising from negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited under applicable law.
You agree to indemnify and hold harmless Forge and each of its officers, directors, employees, agents (each an Indemnified Person) from and against any and all Losses and Expenses any Indemnified Person incurs (a) as a result of your breach of these Terms, or (b) in connection with any third party claim against an Indemnified Person arising from your actual or alleged misuse of the Site or the Content or your breach of these Terms.
8. Information about you and your visits to the Site
9. Linking to our Site
a. You may link to pages on our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, endorsement or membership of our consumer mediation schemes on our part where none exists. We reserve the right to withdraw linking permission without notice.
b. You must not establish a link from any website that is not owned by you.
c. Our Site must not be framed on any other site.
10. Links from our Site
Where our site contains links to other sites and resources provided by others, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
11. Suspension and Termination
b. Failure to comply with the Content Standards or any other material breach of these terms and conditions may result in our taking all or any of the following actions:
i. remove infringing Content from our Site without notice to you;
ii. immediate, temporary or permanent withdrawal of your right to use our Site;
iii. immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
iv. issue a warning to you;
v. take legal action against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
vi. disclose such information to law enforcement authorities or other regulatory authorities as we reasonably feel is necessary.
c. Responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.
d. If we receive any take down notices in respect of alleged copyright infringing content, we reserve the right to remove such content without notice to you, irrespective of whether such take down notice is valid.
12. Jurisdiction and Applicable Law
a. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, construed and take effect in accordance with English law.
b. If any dispute arises out of these Terms, the parties will attempt to settle it by mediation before resorting to any other means of dispute resolution. If no legally binding settlement of such a dispute is reached within 28 days from the date of the notice to the mediator, either party may institute court proceedings.
c. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms (including any non-contractual disputes or claims).
If you have any concerns about material which appears on our Site, please contact firstname.lastname@example.org.
Thank you for visiting our Site.