Terms & Conditions of Use for phare.com
Thank you for visiting phare.com.
Please review the following Terms and Conditions of Use (the “Terms”) carefully before using phare.com™ and before you establish an account and set up yourself as a seller (“Subscriber”) on the website / mobile app.
These Terms contain an arbitration clause, a class action waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Whenever we use the word “Website,” we are referring to www.phare.com (including all sub-domains) and to the Phare mobile application(s) (or “app”). The website is provided to you, the user or Subscriber, by Creative Tech Solutions, LLC. Whenever we use the words “we,” “our,” “us,” or “Company,” we are referring to Creative Tech Solutions, LLC and its parents, subsidiaries, and affiliates.
Whenever we use the word “You” or “you” we are referring to the visitors to and users of our Website and to the Subscribers (those who have registered to use the Website as sellers).
Table of Contents:
These Terms apply to your use of our Website. By registering or setting up an account as a seller on our Website, accessing information on our Website, or visiting our Website, it means that you have read, understood, and agreed to these Terms, and it creates a legally binding agreement by you to these Terms. These Terms constitute the entire and only agreement between us and you regarding your use of our Website. All prior or contemporaneous representations, warranties, conditions, and understandings regarding your use of our Website are specifically disclaimed and superseded by these Terms.
If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our Website. Your continued use of our Website means that you have agreed to the Terms. You cannot use our Website, and at the same time object to these Terms. Your use of our Website is at your sole risk.
All claims, actions, and arbitrations are subject to the limitations in Section 13 (Disclaimer of Warranties and Limitation of Liability).
Any dispute or claim arising out of, or relating in any way to, these Terms, your visit to the Website, your use of the Website, or to any other transaction or interaction with us (“Dispute”) must be resolved through binding arbitration on an individual basis, rather than in court. In lieu of arbitration, either you or we may assert individual claims in small claims courts in the appropriate jurisdiction(s) in the United States, consistent with the jurisdictional and dollar limits that may apply.
“Dispute” includes any claim or controversy related to us, or to our relationship with you, including any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before your use of the Website; (3) claims that arise after the expiration or termination of these Terms or your use of the Website ends, and (4) claims that are the subject of purported class action litigation.
Any party who intends to seek arbitration must first try in good faith to resolve the Dispute by providing to the other party a written notice describing the facts and circumstances of the Dispute and the specific relief sought, and including any supporting documentation. The notice must be mailed via certified mail or FedEx/UPS to us at: Creative Tech Solutions, LLC; PO Box 2354, Stow, OH 44224, USA: Attn: Legal Department; or to you at your last-used billing address or the billing or shipping address in your online profile. If we are unable to reach settlement within 60 days, then, upon notice to the other party, any party may begin arbitration.
You agree that the U.S. Federal Arbitration Act and federal arbitration law apply to this agreement, and that any arbitration under this agreement will be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then-applicable AAA Commercial Arbitration Rules and Mediation Procedures, which are available at www.adr.org, or by calling 1-800-778-7879. Notwithstanding anything to the contrary in the AAA rules, these Terms or otherwise, the filing fee with AAA shall be advanced by the party making / initiating a claim, subject to final apportionment by the arbitrator in the award.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis similar damages and relief as a court. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. You may choose to have the arbitration conducted by telephone or video conference, based on written submissions, in the capital city of the state in the United States where you live, or at Chicago, Illinois, USA (if you do not live in the United States). If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision governs. If the AAA will not administer a proceeding under this arbitration provision as written, the parties will agree on a substitute arbitration organization. If the parties cannot agree, the parties will mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written applying the AAA Commercial Arbitration Rules. A single arbitrator will resolve the Dispute. All arbitrations will proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court; however, any relief must be individualized to you and will not affect anyone else.
Notwithstanding the foregoing, if in any manner you have violated or threatened to violate any of our intellectual property rights, we may bring suit in any state or federal court in Ohio. You consent to exclusive jurisdiction and venue in these courts.
This section will survive after the Terms terminate or your use of the Website ends.
You and we agree that any Dispute resolution proceedings must be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. If a court determines that applicable law prevents enforcement of any of these limitations as to a particular cause of action, then that cause of action, and only that cause of action (the “Severed Claim”) will remain in court and will be severed from arbitration. Arbitration on an individual basis will continue for all other claims that are part of the Dispute, and the Severed Claim will be stayed until the arbitration concludes. If any jurisdiction requires that a claim for public injunctive relief cannot be waived, then such claim is not waived, and it is deemed to be a “Severed Claim” that will be tried by a court after arbitration of the other claims that are a part of the Dispute concludes. If this Section is found to be void or unenforceable, the Dispute will be resolved in state or federal court rather than in arbitration. This section will survive after the Terms terminate or your use of the Website ends.
(a) We reserve the right to change these Terms at any time, without prior notice to you or to other users of our Website. Your continued use of our Website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed.
(b) Access to our Website and the use of information, materials, products, or services provided through our Website, is not intended, and is prohibited, where such access or use violates applicable laws or regulations.
Our Website is a business Website designed for persons who have reached 18 years of age, or the age of majority in the state, province, or territory in which they reside (if that age is lower than 18). Any user of our Website represents to us that he or she has reached 18 or the legal age of majority in the state, province, or territory in which they reside. No one under age 18 is authorized to conduct any activity on our Website, and all activity on our Website by someone under age 18 is prohibited. A parent / legal guardian of a child under the legal age of majority is solely responsible for their child’s use of this Website, including all financial charges, and agrees to these Terms on behalf of such minor.
Subscription cost is $9.99 per month. If you choose to pay annually in advance, you will receive a discount, and the cost is $99.99 per year.
You will be automatically billed each month or year, depending on the type of subscription that you purchased. Your subscription will renew automatically each year or month, on the anniversary of your initial subscription date, until canceled. If your subscription is canceled, you will continue to be charged for the remainder of the then-canceled subscription period. For example, if you have an annual subscription and you cancel after your subscription has automatically renewed on the anniversary date, then you will continue to be charged for that annual renewal period, and you will not receive a refund. If you have a monthly subscription and you cancel after the renewal date, you will continue to be charged for that month, and you will not receive a refund.
We grant to Subscribers a limited, revocable, nonexclusive license to access and make personal use of the Website as our customer; however, you are not permitted to download (other than page caching) or modify the Website or its contents, or any portion thereof. This license does not include any resale or commercial use of the Website or commercial use of its contents, or any portion thereof; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools.
The Website, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Phare.com. You may not use any Meta tags or any other “hidden text” using our name or trademarks. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Access to this Website may be terminated at any time by us without notice to you. These Terms will nevertheless survive any such termination.
(a) No part of our Website, or any content accessible at our Website, may be incorporated into any information retrieval system, whether electronic or mechanical.
(b) When you use our Website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our Website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our Website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our Website; (7) modify or alter any part of our Website; (8) take any action that imposes, or may impose, in our sole discretion, any unreasonable or disproportionately large load on our infrastructure; (9) copy, reproduce, modify, create derivative works from, distribute or publicly display any user content from the Website without the prior express written permission of us and the appropriate third party, as applicable; (10) interfere or attempt to interfere with the proper working of the Website or activities conducted on the Website; or (11) bypass our robot exclusion headers or other measures that we may use to prevent or restrict access to the Website.
(c) The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law, is prohibited. We may remove such material immediately and at any time without notice to you.
(d) You agree to comply with all applicable laws and regulations of the 50 states, of the United States, and of the country in which you live.
(e) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, suspend or block your access to our Website for any reason, at any time, without notice.
(f) Our Website may contain robot exclusion headers that contain internal rules for software usage. Much of the information on our Website is updated on a real-time basis and is proprietary or is licensed to us. You must not use any robot, spider, scraper or other automated means to access our Website for any purpose.
Our Website may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice to you. We apologize for any inconvenience that this may cause you.
(a) The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to our Website, including without limitation, the “look and feel” of our Website, are protected under applicable copyrights, trademarks, and other proprietary rights; and they are Phare’s property, or are included with the permission of the owner, and they are protected under copyright and trademark laws. You do not acquire ownership rights when viewing or using this Website. All software used on this Website is our property or the property of our software suppliers and is protected by U.S. and international copyright laws.
(b) All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and trade names displayed, cited or otherwise indicated on our Website are trademarks of ours, our Subscribers, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited.
Each Subscriber is solely responsible and liable for the content, products, and other information on the Subscriber’s website or sales platform. We will have no responsibility or liability for any such material(s). Subscribers must not infringe the copyright, trademark, patent, or other intellectual property rights of third parties.
(a) WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT AND MATERIALS INCLUDED ON OUR WEBSITE.
(b) WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.
(c) OUR WEBSITE IS OPERATED ON AN “AS IS,” and “AS AVAILABLE” BASIS. USE OF THE WEBSITE, AND ANY BUSINESS OR ACTIVITY CONDUCTED ON THE WEBSITE, IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, THAT THE WEBSITE WILL OPERATE FOR ANY SPECIFIC AMOUNT OF TIME OR DURING ANY SPECIFIC PERIODS, OR THAT THE WEBSITE IS VIRUS FREE.
(d) WE HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, FOR THE ACTIVITIES OF USERS OR SUBSCRIBERS, OR FOR THE PRODUCTS OFFERED BY SUBSCRIBERS. THE SUBSCRIBERS AND USERS TO OUR WEBSITE ARE NOT THE AGENTS, EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS OF PHARE.
(f) OUR LIABILITY TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) U.S. $100.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of these Terms; (b) any allegation that any materials that you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Website; and (d) your activities, including the sale of products, that occurs on your website or platform. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
Our Website may provide a link or advertisement to another website that is operated by a Subscriber or another third party. We provide these links for your convenience, and we do not endorse such other website(s) or its contents. We have no control over, and do not review, these websites or their content.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS CAUSED OR ALLEGEDLY CAUSED BY THESE OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, THEIR CONTENT, THE GOODS AND SERVICES OFFERED BY THEM, OR YOUR RELIANCE ON THEM.
We have not investigated, monitored, or checked these other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave this website and access these other websites, you do so at your own risk, and the rules and policies of the other websites will apply to you while you are on their websites.
Some portions of our Website enable users to make submissions and comments. If you submit material to our Website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, publish and display your submissions throughout the world in any media. We will not pay you or any person for any information that you provide to our Website. You also grant us and our licensees the right to use the name that you submit with your submission in connection with that submission. You are solely responsible for the content of your submissions. We assume no liability for any content submitted by you. You agree that you have no expectation of privacy with regard to any content that you submit.
You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. When registering as a Subscriber you will be asked to provide your email address. You are responsible to update your seller profile to reflect any changes in your email address.
You are responsible for actions made on the Website using your password, including any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.
The following is provided pursuant to the requirements of the Digital Millennium Copyright Act (“DMCA”) designating the Company’s agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq.
If you believe that content available on or through the Website infringes one or more of your copyrights, please notify the Company’s Copyright Agent by mail at the respective addresses below (a “Notification”) providing the information for a Notification as described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single Notification, a representative list of such works at that website. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity (“Infringing Material”) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company or other party identified in the Notification as a “service provider,” as such term is defined under the DMCA, to locate the Infringing Material. (d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (e) A statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (f) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the following: By mail: Robert D. Icsman, Copyright Agent, c/o Creative Tech Solutions LLC, PO Box 2354, Stow, OH 44224, USA; By phone: 1-330-463-3409; By email: firstname.lastname@example.org. We may terminate access, usage, or subscription to the Website, as the case may be, for repeat infringers.
We have the right, in our sole discretion, to refuse, modify or remove any material submitted to or posted on our Website and to terminate, change, or suspend (temporarily or permanently) any aspect of our Website (or the entire Website) at any time, without notice or liability to you.
(a) You agree that the U.S. Federal Arbitration Act, applicable federal law, and the laws of Ohio, will govern any proceeding relating to these Terms and your use of our Website, without giving effect to any conflict of law provisions. If any claim is found not to be subject to arbitration, then normal choice-of-law rules will apply to any proceeding brought in state or federal court.
(b) The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. If any part of these Terms is held invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. To the extent that anything in or associated with our Website is in conflict or inconsistent with these Terms, these Terms control.
(c) Our failure to enforce any provision of these Terms is not a waiver of such provision, or of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of our Website.
(d) Notice: patent:http://www.35usc287.com/mobile
These Terms were issued in August 2022