1. ACCEPTANCE OF TERMS

Welcome to the Forge Nano Investor Relations website (the “Site”). By accessing or using this Site, you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use this Site. Your use of the Site is also governed by our Privacy Policy and Cookie Policy, available at [insert URL], which are incorporated into these Terms by reference.

These Terms constitute a legally binding agreement between you and Forge Nano, Inc. (“Forge Nano,” “we,” “us,” or “our”), a corporation organized under the laws of Colorado, with its principal place of business at Thornton, Colorado.

2. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Your continued use of the Site following any changes indicates your acceptance of the modified Terms. We encourage you to review these Terms periodically.

3. USE OF THE SITE

3.1 Permitted Use

This Site is intended solely for informational purposes related to Forge Nano’s investor relations activities. You may access and use the Site for lawful purposes only and in accordance with these Terms.

3.2 Restrictions

You agree not to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
• Use any content from the Site for training, developing, or improving any artificial intelligence, machine learning or similar technologies without Forge Nano’s prior written consent
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any server, computer, database, or personal information connected to the Site
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with the proper working of the Site

4. AGREEMENT TO PRIVACY POLICIES

By accessing or using the Site or by agreeing to these Terms, you are also agreeing to the terms of our Privacy Policy available at [insert URL], our Cookie Policy available at [insert URL] and the collection, use, sharing, and processing of information as described therein, including your personal information.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, graphics, photographs, illustrations, data, databases, and the design, selection, and arrangement thereof) are owned by Forge Nano, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted herein are reserved by Forge Nano.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial use only. This license does not include the right to: (a) modify, adapt, translate, or create derivative works based on the Site or any content thereon; (b) remove, alter, or obscure any copyright, trademark, or other proprietary notices; or (c) use any data mining, robots, or similar data gathering or extraction method. This license shall automatically terminate if you violate any of these Terms, and Forge Nano may terminate this license at any time and for any reason    without notice.

5.3 Trademarks

The Forge Nano name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Forge Nano or its affiliates or licensors. You may not use such marks for any purpose without the prior written permission of Forge Nano.

5.4 Feedback

Any comments, suggestions, ideas, or other feedback you submit to the Site or provide regarding the Site or Forge Nano’s products or services (“Feedback”) shall be considered non-confidential and non-proprietary. Feedback shall be the sole and exclusive property of Forge Nano. You hereby irrevocably assign to Forge Nano all right, title, and interest in and to such Feedback, including all intellectual property rights therein, and Forge Nano shall be entitled to use, reproduce, disclose, publish and distribute such Feedback for any purpose without restriction or compensation to you.

6. INVESTOR RELATIONS INFORMATION

6.1 Forward-Looking Statements

Certain statements on this Site may constitute “forward-looking statements” within the meaning of applicable securities laws. These statements involve risks and uncertainties that could cause actual results to differ materially from those expressed or implied in such statements. Forward-looking statements are based on current expectations and assumptions and are subject to inherent risks and uncertainties.

6.2 No Investment Advice

The information provided on this Site is for informational purposes only and does not constitute investment advice, a recommendation, or an offer or solicitation to buy or sell any securities. You should consult with your own financial, legal, and tax advisors before making any investment decisions.

6.3 Accuracy of Information

While we strive to provide accurate and current information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, quality, suitability, or availability of the information contained on the Site. Any reliance you place on such information is strictly at your own risk.

7. THIRD-PARTY LINKS AND RESOURCES

The Site may contain links to third-party websites or resources. These links are provided for your convenience only. The inclusion of any such link does not imply endorsement, sponsorship or recommendation by Forge Nano of the linked site or any association with its operators. 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. If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions and policies of use for such websites.

8. DISCLAIMERS

8.1 “AS IS” Basis

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FORGE NANO NOR ANY PERSON ASSOCIATED WITH FORGE NANO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY OF ITS CONTENT.

8.2 No Warranties

WITHOUT LIMITING THE FOREGOING, NEITHER FORGE NANO NOR ANYONE ASSOCIATED WITH FORGE NANO REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, NON-INFRINGING OF ANY THIRD-PARTY RIGHTS OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, ANY CONTENT THEREON OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

8.3 Jurisdictional Variations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ALL WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.

9. LIMITATION OF LIABILITY

9.1 Exclusion of Damages

IN NO EVENT WILL FORGE NANO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

9.2 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).

9.3 Jurisdictional Variations

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES (SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN ANY OR ALL CASES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IN ITS ENTIRETY.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Forge Nano, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms; (b) your use of the Site; (c) any Feedback, content or material you submit, post or transmit through the Site; (d) your violation of any rights of any third party; or (e) your violation of any law or regulation.

11. GOVERNING LAW AND JURISDICTION

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Colorado for the resolution of any disputes arising out of or relating to these Terms or the Site.

12. ARBITRATION AGREEMENT

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Colorado before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

13. WAIVER AND SEVERABILITY

13.1 Waiver

No waiver by Forge Nano of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Forge Nano to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.2 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14. ENTIRE AGREEMENT

These Terms constitute the sole and entire agreement between you and Forge Nano regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

15. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Forge Nano, Inc.
Investor Relations
12300 Grant St #110
Thornton, Colorado 80241
Email: investors@forgenano.com

16. SECURITIES LAW COMPLIANCE

This Site and the information contained herein are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The securities described on this Site may not be offered or sold in any jurisdiction in contravention of applicable laws.

17. NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

By using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.