TERMS & CONDITIONS+

Terms & Conditions of Use - Last Updated and Effective: 2-23-2022

These Terms and Conditions of Use (this “Agreement”) apply only to certain subpages of Atwaterforge.com (www.atwaterforge.com) (this “Website”) and any other websites, webpages and other online offerings that post a link to this Agreement, whether accessed via computer, mobile device or other technology. The subpages to which this Agreement applies are published and maintained by Atwater Forge (“AtwaterForge”, “atwaterforge”). The websites and properties of affiliated Atwater Forge companies, including some that are linked to/from this Website, may have different terms and conditions and other policies; therefore, please review the terms and conditions and other policies on those websites or properties if you visit them.

This Agreement affects your legal rights. It governs your rights and responsibilities in connection with, and applies to, this Website, and when you access, browse, or use this Website, you accept, without limitation or qualification, this Agreement, as set forth herein and below and, you agree to be bound by this Agreement without limitation or qualification, including the terms and conditions set forth in the Privacy Policy, and is hereby incorporated into this Agreement. If at any time you do not accept this Agreement, stop using the Website. You also agree to abide by all local, state, federal and international laws and regulations applicable to your use of this Website.

Atwater Forge reserves the right, in its sole discretion, to make changes to this Agreement, without notice and without liability. Changes to this Agreement will be effective when posted. You agree to review this Agreement periodically to become aware of any such changes. Your use of this Website after Atwater Forge posts any changes to this Agreement will be considered your acceptance of those changes and will constitute your agreement to be bound thereby.

Your Right to Use the Website and Its Contents

This Website is only for your personal use. You may not distribute, exchange, modify, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial, or public purpose. You agree not to interrupt or attempt to interrupt the operation of this Website in any way.

Intellectual Property Rights and Obligations

All materials, information and content on this Website, including but not limited to any and all images, software, text, video, audio, scripts, graphics, pictures, sounds, photographs, music, videos, interactive features and the like, and the trademarks, logos and service marks contained on this Website (collectively, the "Content"), is owned (or licensed) by Atwater Forge and its affiliates and is subject to and protected by U.S. copyright law, international conventions, and other copyright and intellectual property laws (“IP Laws”). Atwater Forge reserves all rights with respect to such Content, and you may not, and shall not allow any third party to use any Content or copy, modify, reproduce, republish, post, transmit, sell, license, create derivative works from, reverse engineer, reverse assemble, distribute or use any Content in any way except as explicitly specified herein or with Atwater Forge’s prior written permission, and in such case, only in accordance with such written permission. By making the Content available on this Website, Atwater Forge is not granting you any license to utilize the proprietary Content, including without limitation, the logos, service marks, trademarks and graphics. Atwater Forge is simply granting you permission to use the Website and its contents for your own personal use. In the event that you download or print a copy of any Content for personal use, you must retain all copyright and other proprietary notices contained therein. Any unauthorized use of the Content may violate IP Laws, the laws of privacy and publicity, and civil and criminal statutes.

Links

This Website may contain links to other Internet websites. Atwater Forge provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Website. Links from this Website to any other website do not mean that Atwater Forge approves of, endorses, or recommends that website. Atwater Forge disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Atwater Forge's Right to Change This Agreement and / or Content on the Website

Atwater Forge may add to, change, or remove any part of this Agreement at any time, without notice, in its sole discretion. Any changes to this Agreement or any terms posted on this Website apply as soon as they are posted. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. Atwater Forge may add, change, discontinue, remove, or suspend any other Content posted on this Website, including features and specifications of products described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability. You are responsible for regularly reviewing this Agreement, and your continued use of this Website following any changes indicates your acceptance of those changes.

Indemnification

You agree to release, indemnify, defend and hold harmless Atwater Forge and its parent, subsidiaries, affiliates and their respective officers, directors, employees, agents, vendors, licensors, suppliers, third-party providers or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney’s fees and costs), damages and expenses that such parties may incur as a result of, due to, or arising out of your (i) breach of these Terms and Condition of Use or any of the warranties, representations, covenants, responsibilities or other obligations set forth in herein, or (ii) violation of any applicable laws. Atwater Forge’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Atwater Forge reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Atwater Forge in asserting any available defenses, and you shall not in any event settle any matter without the written consent of Atwater Forge.

Disclaimer of Warranties and Damages

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED "AS IS" “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ATWATER FORGE AND ITS AFFILIATES EXPRESSLY DISCLAIM AND ATWATER FORGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED (I) THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE WEBSITE, AND (II) REGARDING THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY OR NON-INFRINGEMENT, OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEBSITE. TO THE EXTENT THAT Atwater Forge MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Atwater Forge's OR ANY OF ITS AFFILIATE’S NEGLIGENCE, SHALL Atwater Forge, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS OR OTHER THIRD-PARTY PROVIDERS BE HELD LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY FOR ANY DAMAGES, LOSSES, LIABILITIES, OBLIGATIONS, OR COSTS, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH ANY ASPECT OF THE WEBSITE.

This Limitation On Liability includes, but is not limited to, and Atwater Forge and its affiliates are not responsible for, even if Atwater Forge or an authorized representative thereof has been advised of the possibility of damages, any (i) errors, omissions, mistakes, or inaccuracies of content; (ii) interruption or cessation of transmission to or from the Website; (iii) bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof); or (iv) loss or damage of any kind incurred as a result of the use by you of any content made available on or by means of the Website; and/ or (viii) failure, interruption or unavailability of mechanical or electronic equipment or network servers or communication lines, miscommunications, theft, operator errors, strike or other labor problems, or any force majeure howsoever caused or other error of any kind whether human, mechanical or electronic. Atwater Forge cannot and does not guarantee continuous, uninterrupted or secure access to the Website.

Miscellaneous

Controlling Law; Lawsuits. This Agreement shall be governed by and construed according to the laws of the State of Illinois as applied to agreements made, entered into and performed entirely in Illinois. You agree that any disputes or legal proceedings arising out of or related to this Website shall be brought in the state or federal courts in the State of Illinois, and shall be handled individually without any class action. You also agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of this Website or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

Court Orders and Subpoenas. Atwater Forge will comply with all court orders and subpoenas and cooperate with investigations by local, state and federal agencies. Under these circumstances, your use of this Website may be shared with others with or without such your knowledge or consent.

Complete Agreement/Invalidity & Severability. This Agreement and any additional terms posted on this Website together constitute the complete, final and exclusive understanding and agreement between you and Atwater Forge relating to the subject matter hereof and your use of this Website, superseding all prior or contemporaneous understandings, agreements, communications, and / or advertising with respect to such subject matter. If for any reason any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

No Waiver. Atwater Forge’s failure to insist upon strict performance of any provision(s) of this Agreement or to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right or remedies or of the provision.

Assignment. Atwater Forge may assign its rights and delegate its duties under this Agreement to any

party at any time without notice to you. The rights and licenses granted hereunder may not be assigned or transferred by you, and any attempted assignment or transfer in violation hereof shall be null and void.

Headings. All headings in this Agreement are for convenience only and have no legal effect.

Last Updated and Effective: February 23, 2022

This privacy policy ("Privacy Policy") applies only to the information collected by Atwater Forge (“AtwaterForge”, “atwaterforge”) through certain subpages of AtwaterForge.com (www.atwaterforge.com) (“Website”) and any other websites, webpages and other online offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology. The websites and properties of affiliated Atwater Forge companies, including some that are linked to/from the Website, may have different privacy policies; therefore, please review the privacy policy notices on those websites or properties if you visit them.

This Privacy Policy explains the information that Atwater Forge may collect when you interact with us through the Website and our practices with respect to that information. Please read this Privacy Policy carefully. In addition, please review the applicable Terms and Conditions, which govern your use of the Website.

Collection of Information

We do not require you to provide personal information or register to visit the Website. However, whenever you visit or interact with the Website, Atwater Forge, as well as any third-party analytics providers or other service providers, may use a variety of technologies that automatically or passively collect information about how the Website is accessed and used ("Usage Information"). Usage Information may include, without limitation, browser type, operating system, the page served, time on the Website, and the preceding page views. Usage Information is treated as personal information where required by law.

The Website is open only to individuals who are 18 years of age and older. We do not knowingly seek or collect information from persons younger than 18 years of age. If we learn that we have inadvertently collected information, including Usage Information, from a person younger than 18 years of age through the Website, we will take reasonable measures to delete such information from our records.

Information Atwater Forge Collects Automatically

Atwater Forge may also automatically collect your IP address or other unique identifiers ("Device Identifiers") for the computer, mobile device, technology or other device (collectively, "Devices") you use to access the Website. A Device Identifier is a number that is automatically assigned to your Device when you access a property or its servers, and our computers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Website.

The technologies used on the Website to collect Usage Information, including Device Identifiers, may include:

Cookies. "Cookies" (which may be HTML files, Flash files or other technology) are small text files that help store user preferences and activity. Cookies are placed on a Device when that Device is used to access or visit the Website. Cookies may be used for many purposes, such as remembering you and your preferences, tracking your visits to our Website and customizing your experience on the Website. You may configure your browser or Device to block the use of certain Cookies. However, please note that if you choose to disable Cookies on your Device, some features of our Website may not function properly.

Web Beacons. “Web Beacons” (also known as image tags, pixel tags, clear GIFs or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. Web Beacons or similar technologies may be used for various purposes, including, without limitation, to count visitors to the Website and to monitor how users navigate the Website.

Embedded Scripts. An Embedded Script is programming code that is designed to collect information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your Device from our server or a third-party service provider, is active only while you are connected to the Website, and is deactivated or deleted thereafter.

Please note that third parties may collect personal information about your online activities over time and across different websites when you visit or use the Website. For example, some third parties' embedded content or plugins on the Website, such as social media sharing tools, allow their operators to learn that you have visited or interacted with the Website, and they may combine this information with other identifiable information they have collected about your visits to other websites or online services. These third parties may handle this information, and other information they directly collect through their content and plugins, pursuant to their own privacy policies.

Online Tracking. Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. How browsers communicate the Do Not Track signal is not yet uniform. For this reason, the Website does not respond to such signals, except where required by law.

Ad Serving and Traffic Measurement Services We May Use

Atwater Forge may use third party network advertisers to serve advertisements on the Website and third-party analytics service providers to evaluate and provide us with information about the use of the Website and viewing of our content. We do not share the information that you provide to Atwater Forge with these third parties, but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, web beacons and embedded scripts on your Device from our Website. These cookies, web beacons, and embedded scripts may collect personal information or other information about your use of the Website over time and other third-party websites or applications and they may otherwise collect or have access to information about you, including Usage Information. Cookies and web beacons, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times, or conduct research regarding the usefulness of certain advertisements to you.

To opt-out of such Cookies, you can exercise your choices as described below:

To generally opt-out of interest-based advertising on mobile-optimized or desktop websites, please visit the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI). Please note that by opting out of such Cookies, you may still receive advertisements, but the network from which you opted out will no longer deliver ads tailored to your interests.

Please review your Internet browser settings, typically under the sections "Help" or "Internet Options," to exercise choices you have for certain Cookies that are not part of the DAA or NAI.

Additional Opt-Out Choices: You may configure your browser or Device to block the use of certain Cookies.

Please note that without certain Cookies, it may make it difficult for you to use certain features on the Website.

Social Media Applications

Functionality on the Website may permit interactions between the Website and third-party properties, such as Facebook and Twitter. Such functionality enables you to “like” a product or online content, “share” content to other properties, and otherwise link the Website with another third-party property. If you choose to “like” or “share” content or to otherwise post information from or via the Website to a third-party property, that information may become public and the third-party property may have access to information about you and your use of the Website.

You may also choose to participate in a third-party application or feature (such as Facebook applications or a similar application or feature on a third-party property, or otherwise linking the Website with another property) through which you allow us to collect (or the third party to share) information about you, including personal information. When you choose to participate, you may be opting to link your activity on our Website with that third-party property, which may then collect information about your visits to our Website and may publish that activity as you request to your "profile" or similar feature with that third party (such as if you choose to share content you find on or Website with your "connections" on the third party's property). The information we collect is subject to this Privacy Policy. However, the information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us or with other third parties, the types of information shared, and your choices regarding what is visible to others on that third party's property. The third party may allow you to remove an application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected in accordance with this Privacy Policy.

Third-Party Content, Links to Other Properties and Services, and Atwater Forge Content on Other Websites

Certain content on the Website may be hosted and served by third parties, which may include third-party widgets (such as those that allow you to "like" or "share" content with third-party websites and interactive services or to provide ratings and reviews). In addition, when you are on the Website you may be directed to other websites that are operated and controlled by third parties that are beyond our control. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. In addition, Atwater Forge content and widgets may be included on web pages and websites that are not associated with us and over which we have no control. These other websites may send their own Cookies to your Device, and they may independently collect data or solicit personal information. Atwater Forge is not responsible for the privacy practices of any third party.

How Atwater Forge Uses the Information It Collects and Your Choices

Atwater Forge will use the information it collects: (i) to improve the Website and our products and services and (ii) for internal business purposes.

In accordance with our routine record keeping, we may delete certain records that contain information collected through the Website or otherwise. We are under no obligation to store such information indefinitely.

When and With Whom Atwater Forge May Share Information Collected

We may share information, such as aggregate user statistics and Usage Information with third parties for a variety of purposes, including tailoring Atwater Forge’s promotions, advertising and communications we present to you.

We may also share your information as set forth in this Privacy Policy and in the following circumstances:

Atwater Forge. We may share information within and among entities affiliated with or related to us that are in the Atwater Forge group of companies (collectively, “Affiliates”), some of which are outside the scope of this Privacy Policy, for any purpose, including but not limited to, (i) business development; (ii) support of various business processes; (v) security; (vi) research and development; and (vii) to enable us to aggregate Usage Information between and amongst certain Atwater Forge properties. Affiliates that do not use this Privacy Policy will handle your information in accordance with their own privacy policies, the terms of which may be different than this Privacy Policy.

Third Parties Providing Services on Our Behalf. We may from time to time employ third parties to perform functions on our behalf; examples include hosting or operating the Website and performing data analysis. We may share information with third parties for them to provide content or otherwise perform services for Atwater Forge. We and our Affiliates may also share your information with third-party advertising partners and with co-promotion partners.

Business Transfers. Atwater Forge or any of its assets, including the Website may be sold, or other transactions may occur in which information collected by the Website is a business asset in the transaction. In such a case, your information may be one of the business assets we transfer. Hence, Atwater Forge and our Affiliates reserve the right to disclose and transfer user information in connection with a corporate merger, consolidation, restructuring, reorganization, the sale of certain stock and/or assets, or other corporate change including, without limitation, during the course of any due diligence process.

Legal Protections and Law Enforcement. We may transfer and disclose information, including Usage Information and Device Identifiers (including IP addresses), to third parties: to comply with a legal obligation; to prevent fraud; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce Atwater Forge’s Terms and Conditions or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Website or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion. Such disclosures may be carried out without notice to you.

Security; Retention and Monitoring

Unless otherwise required by law, we are not responsible for monitoring or recording any activity on the Website, although we reserve the right to do so.

To help protect you and others, we monitor use of the Website, and we use the information we collect, in order to: identify fraudulent activities; prevent abuse of and investigate and/or seek prosecution for any potential threats to or misuse of the Website; ensure compliance with the applicable Terms & Conditions and this Privacy Policy; investigate violations of or enforce these agreements; and otherwise to protect the rights and property of us and our customers. Monitoring may result in the collection, recording, and analysis of online activities performed on the Website. If you do not consent to these conditions, you must discontinue your use of the Website.

We seek to maintain reasonable security measures designed to help protect the information we collect against unauthorized or accidental disclosure, access, misuse, loss, or alteration. There is no such thing as perfect security. Although we strive to protect the information we collect, we cannot ensure or warrant the security of such information.

We may retain information as long as it is necessary for us to fulfill the purposes outlined in this Privacy Policy. In addition, we may retain information for an additional period as is permitted or required to, among other things, comply with our legal obligations, resolve disputes, and enforce agreements. Where and when required by applicable law, we shall delete the information we collect. Even if we delete information from active databases, the information may remain on backup or storage media.

Consent to Processing

The Website is operated in and intended for use in the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Website, you fully understand and unambiguously consent to this transfer, processing and storage of information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

Policy Governs Use: Changes to Privacy Policy

Atwater Forge reserves the right to change this Privacy Policy at any time, without prior notice to you, and any changes will become effective immediately upon posting, so please review this Privacy Policy periodically. If we make any material changes, we will post an updated notice on the Website prior to the change becoming effective.

Questions

If you have any questions or comments about our practices regarding personal information or about this Privacy Policy, please submit your request via email at atwaterforge@gmail.com

RETURNS / EXCHANGES

Thanks for purchasing from atwaterforge.com.

Due to the nature of our business and products we sell, prior authorization must be obtained before a return or exchange is authorized.

For items to be eligible for a refund, you must initiate the return within 7 calendar days of receipt (this will be the date shown by USPS as “delivered”). The item must in its original condition. If you have questions – please email atwaterforge@gmail.com to begin the process.

Unfortunately all custom orders are non-returnable/refundable unless the custom nature of the product contains a misspelling (for engraving). Please be absolutely certain that the custom option you choose is correct prior to placing your order. Understand too that images on the website are for representation only – each piece is individually forged by one person (me), so there will be slight variations in each piece produced, whether that is shown in hammer impressions in metal forgings, or in wood grain for products that include wood, nothing will be identical because each piece is individually produced.