Terms of Service
“ Services” including any content, functionality, and services offered on or through the Service, whether as a guest or as a registered user (hereafter “ Agreement”). Please read the following terms and conditions carefully before you start to use the Service, as they form the entire agreement between you (sometimes referred to herein as " You" or " Your" or " User") and Stair Bear LLC d/b/a Fohr Card (“ Fohr Card,” or " we" or " us"). By using the Services, you represent and warrant that you are of legal age to form a contract. If you are not able to meet the foregoing requirements then discontinue use of the Services and leave now. When accessing the information available through Fohr Card, creating an Account (“ Account”) or purchasing a Subscription (“ Subscription”) to Fohr Card you agree to all of the terms and conditions of this Agreement. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Services.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, LEAVE NOW. YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO CREATE ANY ACCOUNTS OR ACQUIRE ANY SUBSCRIPTIONS TO THE SERVICE. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.
1. Right to Use
Your right to use the Fohr Card Services is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.
2. Availability of Fohr Card Services
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 every reasonable action to make sure that the Services remain fully 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.
3. Transmission of Information
4. Account and Subscription Fees
The Service is billed based on billing cycle available to you at the time you create an Account with Fohr Card. All monthly memberships will automatically renew immediately upon expiration. You must cancel your monthly membership at least one day before it expires in order to keep it from automatically renewing. For information regarding cancelling your membership, please see Section 6(b) of this Agreement. We reserve the right to change the cost Account or Subscription at anytime. You accept that it is your responsibility to check the current price either before your Account and or Subscription renews each month. You agree to be personally liable for any purchase(s) of credit(s) or expenditure(s) of credit(s) made using your user name and password information.
4.1. You hereby authorize the Company, its successors, assigns and their credit card and other payment method processing agents to charge your credit card (which you hereby acknowledge was entered by you into the sign-up page) to pay for your prepay fee and/or all fees to the Site at the agreed upon rate or such rate as may be implemented from time to time. You further authorize the Company to charge your credit card for any and all additional services or accounts or information provided by the Site. You agree to be personally liable for all charges incurred by you during or through the use of the Site. Your liability for such charges shall continue after termination of your membership.
4.2. Unless and until you notify the Company that you wish to cancel or terminate your Account or Subscription to the Site, you hereby agree and authorize the Company and its designated agents, successors and assignees to automatically renew your Account and/or Subscriptions to the Site on a continuing monthly basis and to charge your credit card (or transact other approved payment methods and facilities) to pay for the ongoing cost of your Subscription. You hereby further authorize the Company or its successors, designated agents and assignees to charge your credit card (or other approved payment methods and facilities) for any and all Account and or Subscription access provided to you by the Site. You expressly agree that the authorization to charge your credit card herein is extended to authorize any of the Company's processing agents, successors in interest or any licensees of the Company to charge your credit card for membership access to the Site and information you access in connection with the Site in accordance with these Terms and Conditions during the period that any such party processes for the Company, sells access to, or operates the Site.
5. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error at email@example.com. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
5.1. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Site or any fraudulent reporting of an unauthorized charge to the site on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for your use of the Site remains outstanding, you shall be liable to the Company for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
6. Creating an Account and Subscriptions
Each user may only create and hold one Account (“Account”) on Fohr Card. Each Account may have multiple Subscriptions associated with it. You are solely responsible for all uses of your Account, and all associated Subscriptions. You must treat all Account and Subscription passwords, user names, and the like as confidential and you must not disclose them to any other person or entity. You also acknowledge that your Account and each associated Subscription is personal to you or the organization creating the Account and you agree not to provide any other person with access to the Services using your name, password, or any other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
6.1. Each Account and all associated Subscriptions are non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. If you violate any of these limitations we may terminate your Account in our discretion and without limitation. Should we terminate your Account, you automatically forfeit lists or information other compilations created through the Services, and you may not re-enroll or re-join under a new Account unless invited to re-join by us. If you commit fraud or falsify information in connection with your use of the Services or in connection with your Fohr Card Account or Subscriptions, your Account will be terminated immediately. We reserve the right to hold you liable for any and all damages that Fohr Card or our users may suffer, to pursue legal action through all available law enforcement authorities, and to notify your Internet Service Provider of any fraudulent activities associated with you or with your use of the Services.
6.2. Cancellation By User
You may cancel your Account in full, or any associated Subscription at any time by visiting http://www.FohrCard.com. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate your Account or Subscriptions as provided herein. You hereby acknowledge and agree that if you cancel your Account or Subscriptions, the access associated with that membership will be removed.
8. Intellectual Property
You acknowledge that Fohr Card owns all rights, title, and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights, and all other intellectual property rights of any sort throughout the world) in the Services, and in any and all versions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas, and information made or conceived or reduced to practice, in whole or in par, compilations of data created through the use of the Services by each Account (collectively, “Intellectual Property”). Such ownership shall include rights in any advertising materials, websites, and their reproductions, further versions, revisions, and/or derivative works of the Services. Any goodwill existing or created as part of this agreement shall inure to the benefit of Fohr Card only. Except as may be expressly granted herein, and necessary for your use of the Services, Fohr Card grants you no right, license, title, or interest in or to any of Fohr Card Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative or transformative works of Fohr Card Intellectual Property. Furthermore, you may not allow others to access or utilize your Account or Subscriptions to access Fohr Card. Fohr Card reserves all rights not specifically granted.
The following uses of Fohr Card Intellectual Property are permitted:
- 8.1. Personal computing/mobile devices on which you use the Services are permitted to make temporary copies of the Service as stored in the RAM of such devices incidental to the use and access of the Services;
- 8.2. You may store files that are automatically cached in your internet browser or mobile device for display enhancement purposes; and
- 8.3. You may print copies of the website for the Subscriber’s or Account holder’s individual use only.
9. Proprietary Use of Information
The Services contain public information and information provided to us by third parties, which is compiled in a manner which is proprietary to us. We assert all applicable protection in the information presented through the Services. Any information shared or posted by us is protected whether or not it is identified as proprietary to us. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. The name of the Services, and all parts of the Services, regardless of their name, are service marks of or under license to Fohr Card. No use of these marks shall be permitted except through the prior written authorization and permission of Fohr Card or the licensor of the mark. All rights not expressly granted herein are reserved.
10. Copyright Policy and DMCA
We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a screenshot and description of where the material that you claim is infringing is located on a Site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Please send the above information to the following address: dmca@FohrCard.com.
11. Unsolicited Ideas
Fohr Card does not accept unsolicited ideas for the Service or business practices from users, nor do we review such submissions. Any such submissions, once submitted however; will become property of Fohr Card upon submission.
12. User Warranties
By creating an Account on Fohr Card, and/or creating an associated Subscription or accessing information as part of the Services, you warrant and agree that you: (a) possess the authority to create a binding legal obligation, on behalf of yourself personally, or if you are creating an Account in the name of an entity or organization, that you have the authority to do so, and are not impaired in this ability; (b) that all the information you provide to Fohr Card is only about yourself, or the Account-holder entity, and that all of such information is accurate, true, current, and complete; (c) your use of the Service will always comply with the terms of this Agreement, and your Account and or Subscriptions will be the use of each Account only; and (d) you will remain responsible for all uses of your Subscription, safeguard your password, and supervise the use of your Subscription.
13. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY OF CONTENT OR MATERIALS, INFORMATION, OR SERVICE, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOHR CARD EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND TIMELINESS OF THE INFORMATION, AND ALL SERVICES PROVIDED BY FOHR CARD IS BORNE EXCLUSIVELY BY YOU. FOHR CARD USES PUBLIC DATA AND INFORMATION PROVIDED TO US BY THRID PARTIES IN ORDER TO COMPLILE EACH “FOHR CARD.” AS SUCH, FOHR CARD RELIES ON THE PROVIDERS OF THIS INFORMATION FOR ITS ACCURACY AND CURRENTNESS. FOHR CARD MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FOHR CARD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. SHOULD THE SERVICE, IN ALL OF ITS FORMS PROVIDED BY FOHR CARD, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU; YOU, AND NOT FOHR CARD, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. USERS IN STATES WHICH DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL FOHR CARD, ITS AFFILIATE BLOGGERS, OR OTHER PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT FOHR CARD MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE DURING THE PREVIOUS SIX (6) MONTHS FROM THE DATE OF THE BREACH.
14. Limitation of Liability/ Indemnity
15. Jurisdiction/Disputes/Choice of Law
This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of New York for resolution of all disputes. You hereby agree that exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located Kings County, New York. Each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.
17. Affirmation of Agreement
You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by clicking where indicated on the Service registration page and/or by authorizing the use of your credit or debit card for payment of such charges and fees necessary to create an Account or purchase a Subscription through Service and for any other charges which you may incur.