Identifying as an Amazon Associate
We are a participant in the eBay Affiliate and Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com, eBay.com, and affiliated sites.
This Pholder User Agreement ("Terms") applies to your access to and use of the websites, mobile apps, widgets, and other online products and services (collectively, the "Services") provided by Pholder, Inc. ("Pholder," "we," or "us"). The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Use License
Pholder grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to: license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content; modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or access the Services or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
- Permission is granted to temporarily download one copy of the materials (information or software) on Pholder's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title.
- This license may be terminated by Pholder at any time. Upon terminating your viewing of these materials or upon the termination of this license.
2. Disclaimer & Limitations
- THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHOLDER, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. PHOLDER DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE PHOLDER ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Use of our service is entirely at your own risk.
- Pholder makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Pholder disclaims all warranties, express and implied, including without limitation implied warranties of fitness and merchantability.
- Notwithstanding anything else stated in these terms, and irrespective of whether Pholder takes or does not take measures to remove inappropriate or harmful content from its site, Pholder has no duty to monitor any content on its site.
- Pholder does not assume responsibility for the accuracy, appropriateness, or harmlessness of any content appearing on Pholder.com that is not produced by Pholder, including but not limited to user content, advertising content, or otherwise.
- Your sole remedy for the loss of any services and/or of any images or other data you may have stored on Pholder's service is to discontinue your use of our service.
- Pholder will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, Pholder's services, even if Pholder has been advised of or reasonably should have known of the possibility of such damages.
- No cause of action arising out of your use of Pholder's services may be brought more than 365 days after it occurs.
- You will indemnify and hold Pholder and all of its personnel harmless from all loss, liability, claims, damages and expenses, including reasonable attorney fees, arising out of or related to your violation of these terms, your infringement of any third party's rights, and any harm caused to any third party.
- Further, Pholder does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
- IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE PHOLDER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE PHOLDER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID PHOLDER IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE PHOLDER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
3. Accuracy of materials
The materials appearing on Pholder's website could include technical, typographical, or photographic errors. Pholder does not warrant that any of the materials on its website are accurate, complete or current. Pholder may make changes to the materials contained on its website at any time without notice. However Pholder does not make any commitment to update the materials.
Pholder has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pholder of the site. Use of any such linked website is at the user's own risk.
Pholder may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
6. Governing Law
Any claims arising out of or relating to these Terms or the Services will be governed by the laws of Delaware, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Delaware; and you consent to personal jurisdiction in these courts.
7. Notices of Claimed Copyright Infringement (or other types of infringement)
If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information:
Identification of the copyrighted work or works claimed to have been infringed. Include your copyright registration number. If your work is not yet registered, add a copy of the application to register the work that you filed with the Copyright Office. Copyright infringement claim based on a U.S. work can only be filed if the work has been registered. Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed. Your physical or electronic signature, or of someone authorized to act on your behalf. Instructions on how we may contact you including email, address and phone number.
Many DMCA takedown notices are invalid, Pholder reserves the right to ignore DMCA notifications based on unregistered works.
Designated Agent to receive notifications of claimed infringement is the Copyright Compliance Department:
Copyright Compliance Department
5915 Farrington Rd Ste 101
Chapel Hill, NC 27517
If you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Pholder for certain costs and damages.
Pholder does not require or request personally identifiable information, if you choose to remain anonymous Pholder will not disclose to any third party any personally identifiable information about you. We may log information about each computer connecting with Pholder to understand user activity, personalize content, tailor ads, and improve your experience.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.