Last Updated: August 20, 2019
Welcome to https://www.fohrlabs.com (“Site”). Please read these terms (“Terms”) carefully because they govern your use of our Site, products, and services (collectively, the “Services”).
For clarity, these Terms often distinguish between provisions that apply to the Publishers, the End Users, or both. Each time these Terms refer to “you,” they are collectively referring to both Publishers and End Users.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Except for changes by us as described herein, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
You may be required to sign up for an account, and select a password and user name (“Fohr Card User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. Failure to do so constitutes a breach of these Terms and may result in immediate termination of your account. You may not select as your Fohr Card User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. Fohr Card reserves the right to refuse registration of or cancel a Fohr Card User ID in its discretion.
You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Fohr Card);
(b) Violates any law or regulation, including, without limitation, any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Fohr Card account or anyone else’s;
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs a form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, photos, images, illustrations, newsletters, videos (“Publisher Content”), User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Fohr Card’s) rights. You understand that Fohr Card owns the Services.
End Users subscribe to Publisher Content directly through Publisher’s subdomain on Fohr Card’s Services. End User won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services unless otherwise permitted in these Terms.
Publisher won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services unless otherwise permitted in these Terms.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists within the Services, doesn’t mean that all the restrictions above don’t apply – they do!
For all User Submissions, you hereby grant Fohr Card a license to translate, modify (for technical purposes, for example making sure your Content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission publicly on the Services and/or in a manner that more than just you can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Fohr Card the license above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Fohr Card users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services provided that Fohr Card will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide, provided that when you delete your Fohr Card account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users, but you understand and agree that it may not be possible to completely delete that Content from Fohr Card’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Fohr Card, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Our Copyright Policy
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Fohr Card, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Policy and learn how to report potentially infringing Content, click https://app.fohrlabs.com/copyright-policy.
Any information or Content posted to the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with access to the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Fohr Card has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services (including, without limitation, the content, accuracy, or opinions in Publisher Content). Fohr Card will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment for and distribution of Publisher Content, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including, without limitation, Publishers). You agree that Fohr Card shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
In the event that you have a dispute with one or more other users of the Services (including between Publishers and End Users) or with a third party, you agree that Fohr Card is under no obligation to become involved other than to direct any inquiries from End Users regarding a Publisher’s Publisher Content to the appropriate Publisher pursuant to the Publisher Agreement between Fohr Card and Publisher. In the event that you have a dispute with one or more other users of the Services or with a third party, you release Fohr Card, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Publisher Content may be offered for a subscription fee. End Users may choose to subscribe to Publisher Content via the Services and may agree to incur any such subscription fees.
Prices for Publisher Content through the Services may change at our or the Publisher’s sole discretion (provided no price changes shall apply retroactively). All prices will be set in U.S. Dollars, and any payments will be made in U.S. Dollars.
Fohr Card or Publishers will use a third party payment processing company (“Third Party Payment Processor”) as determined by us to process payment information from End Users via the Services. Publisher will pay Fohr Card through the Third Party Payment Processor as further described in the Publisher Agreement between Fohr Card and Publishers. Fohr Card may create a payment dispute policy at email@example.com in its sole discretion to govern payment disputes involving End Users. End Users agree to the terms of such payment dispute policy when End Users subscribe to Publishers’ Publisher Content.
You expressly authorize us (or the Third Party Payment Processor) to charge you for any one-time payment (“ One Time Payment ”) or subscription (“ Subscription ”, each “One Time Payment or Subscription, a “ Transaction ”). Fohr Card or Third Party Payment Processor may ask you to supply additional information relevant to the Transaction, including your credit card number, the expiration date of your credit card and email and postal addresses for billing and notification (such information, “ Payment Information ”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize Fohr Card or Third Party Payment Processor to provide the Payment Information to third parties to complete the Transaction and to charge your payment method for the type of Transaction the you selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms.
If you purchase a Subscription, you will be charged the monthly Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE FOHR CARD TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our Third Party Payment Processor) will automatically charge you on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. No less than five (5) days and no more than fourteen (14) days before your Subscription term ends, or otherwise in accordance with applicable law, we will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Fohr Card. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Though End Users can download and access the Publisher Content through the Services, please note that the Publisher Content are being provided by a third party, the Publisher, and not by Fohr Card, so we do not have any control over or responsibility for the Publisher Content.
You may cancel at any time by contacting us at firstname.lastname@example.org you provide to us after you have stopped using our Services.
Fohr Card is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Fohr Card has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have uploaded to your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Fohr Card.
If you have deleted your account by mistake, contact us immediately at email@example.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Warranty Disclaimer. Neither Fohr Card nor its licensors (including Publishers) or suppliers make any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. No part of the Services, including Publisher Content, can or should be construed as professional advice of any kind (including business, employment, investment, accounting, tax, and/or legal advice).
We (and our licensors, including Publishers, and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products (including Publisher Content) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services, including Publisher Content, are provided “AS IS” and without any warranty of any kind from Fohr Card or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY FOHR CARD (AND ITS LICENSORS, INCLUDING PUBLISHERS, AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FOHR CARD (OR ITS LICENSORS, INCLUDING PUBLISHERS, OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) $20 OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO FOHR CARD IN CONNECTION WITH THE SERVICES IN THE ONE (1) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Fohr Card, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms or any applicable laws or regulations. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Fohr Card’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Except as otherwise expressly set forth in the “Arbitration Agreement and Dispute Resolution” Section, the exclusive jurisdiction for all Disputes (defined below) that you and Fohr Card are not required to arbitrate will be the state and federal courts located in New York County of the State of New York, and you and Fohr Card each waive any objection to jurisdiction and venue in such courts.
Arbitration Agreement and Dispute Resolution. Please read the following ARBITRATION AGREEMENT carefully. it requires you to arbitrate certain disputes and claims with Fohr Card and limits the manner in which you can seek relief from us. Both you and Fohr Card acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms (“ Disputes ”), Fohr Card’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FOHR CARD ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Miscellaneous You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Fohr Card may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Fohr Card agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Fohr Card, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Fohr Card, and you do not have any authority of any kind to bind Fohr Card in any respect whatsoever. You and Fohr Card agree there are no third party beneficiaries intended under these Terms.