PUPPET® FORGE TERMS OF SERVICE

Last revised: April 15, 2024

Effective date: April 15, 2024

PUPPET® FORGE TERMS OF SERVICE

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THIS WEBSITE, CREATING AN ACCOUNT, OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU:
(A) DO NOT AGREE TO THESE TERMS;
(B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PERFORCE SOFTWARE, INC. OR ANY OF ITS AFFILIATES; OR
(C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

Introduction
These Terms of Service (“Terms”) apply to the purchase and sale of products and services through https://forge.puppet.com/ (the “Site”). These Terms are subject to change by Puppet®, Inc. (“Puppet”), or its parent company, Perforce Software, Inc. (“Perforce”) (Puppet, Perforce, and their affiliates are also referred to herein as “Puppet.” “us,” “we,” or “our” as the context may require), without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before accessing or downloading any products or services that are available through this Site. The use of any functionality of the Site constitutes acceptance of Terms. If these Terms conflict with any other documents, these Terms will control for the purposes of usage of the Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Registration
When you register and join the Puppet Forge, you become a member. If you have chosen not to register on our site, you may access certain features as a “visitor.” You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity), or if you opt for a paid account, additional information will be necessary for billing purposes.
Account Security
You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. You will promptly notify Puppet if you learn of a security breach related to the Site, including the compromise or loss of any of your login credentials. Puppet reserves the right to access your account in order to respond to your requests for technical support or to ensure proper functioning of the Site. Puppet has the right, but not the obligation, to monitor the Site, or your content. Puppet will do so if required by law or in the good faith belief that such action is protecting Puppet, Perforce, and/or its affiliates, the Site, or other users of the Site. Puppet will maintain industry standard administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of the information uploaded by you.
Intellectual Property Rights
1. All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is owned or licensed property of Puppet, Perforce, or its affiliates and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Puppet, Perforce, or its affiliates and is protected by U.S. and international copyright laws. Puppet, Perforce, or its affiliates expressly reserve all intellectual property rights in all Content.
2. Puppet and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
Unlawful or Prohibited Uses
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of this Site, you warrant to Puppet that you will not (and will not assist or encourage any third party to) use the Site in any way or for any purpose that is unlawful or is prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
1. Make any commercial use of the Site or its Content;
2. Download, copy, or transmit any Content for the benefit of a non-member;
3. Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
4. Use any meta tags or any other hidden text utilizing Puppet’s, Perforce’s, or its affiliates’ name or marks;
5. Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
6. Conduct fraudulent activities on the Site;
7. Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);
8. Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
9. Use the Site or provide any User Content to defame, abuse, harass, stalk, unlawfully track, threaten or otherwise violate the rights of others, including others’ privacy rights or rights of publicity;
10. Harvest or collect personally identifiable information about other users of the Site;
11. Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
12. Use the Site to advertise or offer to sell or buy any goods or services without Puppet’s express prior written consent;
13. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
14. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
15. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Links
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.
Prices and Payment Terms
1. You may be required to pay us fees to access or use our services, products or certain features of our products on this Site. You are responsible for paying any applicable fees listed for those products.
2. If you purchase access to our products or features of our products, you must provide complete and accurate billing information (“Payment Method”). You agree that we may charge the Payment Method for any applicable fees listed for our products and any applicable tax. If the fees for these products or features are specified to be recurring or based on usage, you agree that we may charge these fees and applicable taxes to the Payment Method on a periodic basis. Except as expressly provided in these Terms, or where required by law, all payments are non-refundable. Please check your order carefully before confirming it.
3. We may increase fees for our products. If we charge additional fees in connection with our products, we will give you an opportunity to review and accept the additional fees before you are charged. Also, additional fees may apply for additional products or features of the products that we may make available. If you do not accept any such additional fees, we may discontinue your access to the paid for products or features.
4. You agree that we will not be held liable for any errors caused by third-party payment processors that we may use.
5. Terms of payment are within our sole discretion and, unless you notify us in writing, payment must be received by us before acceptance of an order.
Disclaimers of Warranties
1. Puppet cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
2. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY PUPPET ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PUPPET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM PUPPET ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, PUPPET DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
3. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU.
Limitation of Liability
1. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PUPPET PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, SERVICES, PRODUCTS, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US FOR ACCESS TO OR USE OF THE SITE OR ANY SERVICES (IF ANY) IN THE TWELVE MONTHS PRECEDING THE DATE SUCH DAMAGES, LOSSES, AND CAUSES OF ACTION FIRST AROSE, AND $100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SITE OR THE SERVICES TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS.
2. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND PUPPET. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PUPPET. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
Indemnification and Defense
You agree to indemnify and hold harmless the Puppet Parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees and costs), and other losses arising out of or related to: (i) your breach or alleged breach of these terms; (ii) your access to, use of, or alleged use of the site, and any products or services; (iii) your feedback; (iv) any products or services that you develop, offer, or otherwise make available using or otherwise in connection with the site contents; (v) your violation of applicable law or any third-party right; and (vi) any actual or alleged fraud, intentional misconduct, gross negligence, or criminal acts committed by you or your employees or agents. We reserve the right to engage separate counsel and participate in or assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case you agree to cooperate with us and such separate counsel as we reasonably request.
Privacy
We respect your privacy and are committed to protecting it. You should also carefully review our Puppet Forge Privacy Policy before registering or placing an order for products or services through this Site. The Privacy Policy describes our processing of personal data, the rights you may have with regard to your personal data, and how to exercise those rights. Please note that our Site incorporates third-party technologies for tracking, including website analytics, chat-based customer support, and behavioral advertising. Some of the data you provide to us as you use our Site may be shared with the providers of these technologies. These technologies may involve the recording of conversations and other interactions you have with our Site. The data we share with these providers may include these recordings. By using our Site, you consent to this data sharing.
Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota.
Dispute Resolution and Binding Arbitration
1. YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
2. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
3. The following processes shall govern the arbitration process:
  1. Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to legal@perforce.com so stating.
  2. Within seven (7) business days, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
  3. If, following these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form or by proceedings conducted via video or in-person.
  4. In the event that you and we cannot agree on an arbitrator, the process set forth in the Minnesota Uniform Arbitration Act (Minnesota Revised Statutes 572B.11) (or the section of your state law equivalent to Section 11(a) of the Uniform Arbitration Act, or any comparable provision in your state) will be followed. That process allows for a court to select an arbitrator. The arbitration will then proceed and be under the jurisdiction of the arbitrator so selected. We will advance all arbitration fees.
  5. You may opt out of this arbitration agreement by the following process. To opt out, you must notify us in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username, and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. Send your notice to: legal@perforce.com. In the event of a dispute between you and us, to invoke your opt-out right, you must retain a copy of your opt-out notice.
  6. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
  7. We will be responsible for paying any customer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
  8. You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase.
  9. Any arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
  10. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices
Notices to You: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses.
1. Notices from You: All notices of copyright infringement claims should be sent to: Perforce Software, Inc., Attn: Puppet Forge Legal Notice, 400 First Avenue North, Suite 400, Minneapolis, Minnesota 55401, USA, or via email at legal@perforce.com.
2. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to forge@puppet.com.
Severability
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement
Any order confirmation, the written sales and license agreement relating to any product you obtain on or through this Site, these Terms, the Community Guidelines, and our Puppet Forge Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Modules

Discover

Contribute

Resources

About Forge

Getting Started

PUPPET® FORGE TERMS OF SERVICE