Effective: September 8, 2020
By using Fohr Card, you acknowledge that you are using a web-based platform, presenting information from third parties, and that while Fohr Card takes reasonable actions for the Services to remain functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance. Fohr Card retains the right at its sole discretion to deny access to part or all of the Service to anyone, at any time and for any reason. You understand and acknowledge that due to circumstances both in our control and not in our control, access to the Service may be interrupted, suspended, or terminated.
In connection with the Services, you have the option to communicate with us in various ways. By entering your name, email address, and providing any other information, you agree that we and/or the Brands may contact you electronically or in any other manner about updates, promotions, events, and other marketing information. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
If you access a password-protected account through this Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You will immediately notify us in the event you discover or suspect any unauthorized use, access and/or disclosure of your account or password.
In connection with the Services, we do not provide personal or professional advice.
The Services are intended for use by individuals who are 13 years of age or older. If you are under 13 years of age, you may not use the Services. If you learn that a child under 13 has used the Services, please contact us. If we become aware that a child under 13 has used the Services, we will close the applicable account.
You agree that you will not attempt to interrupt the operation of our Services in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree to comply with all applicable laws and regulations in your use of the Services. Possible evidence of use of this Services for illegal purposes may be provided to law enforcement authorities.
You shall not disclose to any third party any of our Confidential Information, and you shall not be permitted to use our Confidential Information for any purpose other than for testing our Service in accordance with our written instructions. “Confidential Information” shall mean any non-public information or materials provided by us in connection with the Service. You shall use the same standard of care to safeguard our Confidential Information as you use to protect your own same or similar confidential information (but in no event less than a reasonable degree of care).
The foregoing restrictions around Confidential Information do not apply to any information that: (i) is publicly disclosed (except to the extent due to your acts or omissions), (ii) is already lawfully in your possession prior to disclosure and not subject to a confidentiality obligation to us, (iii) becomes known to you from a third party having no obligation of confidentiality, or (iv) is independently developed by you without reference to our Confidential Information. You shall be permitted to disclose Confidential Information to the extent legally required; provided, however you shall provide us with prior notice to the extent legally permissible.
We and our successors or assigns (or its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service (including, but not limited to, all related software and source code) and any enhancements, modifications and/or derivative works thereto. You hereby grant us all right, title and interest in and to any: (i) suggestions, concepts, code, inventions, processes, content, works of authorship, ideas, enhancement requests, derivative works, feedback, recommendations or information provided by you or any other party relating to the Service; and (ii) information, forms, questionnaires, content or other materials you submit to us in connection with the Service. You will execute any documents or take any other actions as we may request to perfect our ownership interests to the foregoing. Our name, logo, and the product names associated with the Service are trademarks of us or our affiliated companies, and no right or license is granted to use them. We reserve all rights not expressly granted in and to the Service. Other than expressly permitted herein, you agree to not engage in the use, copying, or distribution of any of the Service.
Our Services may provide links to other third-party websites. Our decision to link to a third-party website is not an endorsement of the content, products or services in the third-party website. We do not control these third-party websites and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the third-party websites. We have not investigated or monitored the third-party websites for accuracy or completeness. The third-party websites may have different privacy policies and security standards than our Services.
We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting us in our defense of such matter.
You represent, warrant and covenant that you: (a) possess the authority to create a binding legal obligation and are not impaired in this ability; (b) that all the information you provide to us is only about yourself, and that all of such information is accurate, true, current, and complete; (c) your use of the AMP will always comply with the terms of this Agreement; and (d) you will remain responsible for all uses of Services and will safeguard your password.
Disclaimer of Warranties
USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE SERVICES, IF ANY, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR SERVICES, WITH OR WITHOUT NOTICE TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DIRECT DAMAGES, OR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUE, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SERVICES. WE WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS WILL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.