Effective Date: September 22, 2026
Last Updated: September 22, 2026
These Terms & Conditions (“Terms”) govern your access to and use of the websites, webpages, online demonstrations, forms, content, and other online resources operated by FOH Digital LLC, doing business as FOH Digital and, where applicable, FOH Visual (“FOH,” “we,” “us,” or “our”).
These Terms apply to websites and online properties operated by FOH, including fohdigital.com, related subdomains, and other websites that link to these Terms (collectively, the “Site”).
Please read these Terms carefully.
By accessing or using the Site, creating an account, requesting a demonstration, submitting a form, or otherwise interacting with the Site, you acknowledge that you have read, understood, and agree to these Terms.
If you do not agree with these Terms, do not use the Site.
1. ABOUT FOH DIGITAL
FOH Digital provides technology, digital, visual, consulting, implementation, and related services for hospitality businesses and other organizations.
FOH products and services may include, among other things:
- FOH Visual.
- Visual sales enablement.
- Digital property experiences.
- Virtual tours and 360° media.
- Photography and videography.
- Drone media.
- Property documentation.
- Website services.
- Digital presence services.
- Google Business Profile-related services.
- Technology consulting.
- Network and Wi-Fi services.
- Point-of-sale consulting.
- Security and camera-system consulting.
- Digital signage.
- Technology implementation.
- Systems integration.
- Professional services.
- Other products and services introduced by FOH from time to time.
Descriptions on the Site are for general informational and marketing purposes unless expressly incorporated into a separate written agreement.
2. WEBSITE TERMS VS. CUSTOMER AGREEMENTS
These Terms govern use of the public FOH website and related online resources.
They do not replace a separately executed:
- Master Services Agreement.
- Pilot Services Agreement.
- Software Subscription Agreement.
- Order Form.
- Statement of Work.
- Proposal.
- Implementation Agreement.
- Professional Services Agreement.
- Data Processing Agreement.
- Photography or media agreement.
- Other signed agreement between FOH and a customer.
If you or your organization enters into a separate written agreement with FOH, that agreement will govern the products and services covered by it.
If a conflict exists between these Website Terms and a separately executed agreement, the separately executed agreement controls with respect to the subject matter of that agreement.
3. ELIGIBILITY
The Site is intended primarily for businesses, organizations, business professionals, hospitality professionals, and other commercial users.
You must be at least 18 years old to enter into a binding agreement with FOH through the Site.
By using the Site on behalf of a business or other organization, you represent that you have authority to act on behalf of that organization with respect to your use of the Site.
4. PERMITTED USE
FOH grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Site for lawful personal or business purposes.
You may:
- Browse publicly available information.
- Review information about FOH products and services.
- View authorized demonstrations.
- Submit legitimate inquiries.
- Request audits, consultations, demonstrations, or proposals.
- Use interactive tools made available by FOH for their intended purpose.
- Share publicly available FOH webpages using ordinary linking methods.
No ownership rights are transferred to you through your use of the Site.
5. PROHIBITED USE
You may not use the Site to:
- Violate any applicable law or regulation.
- Attempt unauthorized access to any FOH system.
- Circumvent security or access-control mechanisms.
- Probe, scan, or test system vulnerabilities without written authorization.
- Introduce malware, viruses, malicious code, or harmful software.
- Interfere with the operation of the Site.
- Conduct denial-of-service activity.
- Scrape or systematically extract Site content without authorization.
- Harvest email addresses, contact information, or other data.
- Use automated bots or agents in a manner that creates unreasonable load.
- Reverse engineer or attempt to derive source code from FOH software.
- Copy or reproduce proprietary FOH interfaces or product functionality.
- Impersonate another person or organization.
- Submit fraudulent or misleading information.
- Use FOH materials to infringe intellectual property rights.
- Use the Site for unlawful, defamatory, abusive, deceptive, or fraudulent activity.
- Attempt to gain access to another customer’s or user’s information.
- Misrepresent your affiliation with FOH.
- Use FOH trademarks in a misleading manner.
- Use Site content to develop a substantially similar competing product through unauthorized copying of FOH proprietary materials.
FOH may limit, suspend, or terminate access where we reasonably believe misuse has occurred.
6. ACCOUNTS AND RESTRICTED AREAS
Certain portions of the Site may require authentication.
Examples may include:
- FOH Visual demonstrations.
- Customer portals.
- Administrative interfaces.
- Sales environments.
- Deal Rooms.
- Pilot environments.
- Preview environments.
- Other restricted resources.
If you receive credentials or access authorization, you are responsible for:
- Maintaining the confidentiality of your access credentials.
- Using reasonable security practices.
- Restricting access to authorized persons.
- Promptly informing FOH of suspected unauthorized access.
- Ensuring information provided during registration is accurate.
You may not share restricted access with unauthorized persons.
FOH may suspend or revoke credentials where necessary for security, contractual, legal, or operational reasons.
7. DEMONSTRATION ENVIRONMENTS
FOH may provide access to sample, fictional, demonstration, beta, preview, staging, or other non-production environments.
Demonstrations are intended to illustrate the capabilities, concepts, design direction, or potential use of FOH products.
Demonstration environments may contain:
- Fictional properties.
- Fictional companies.
- Fictional contacts.
- Sample analytics.
- Sample sales opportunities.
- Representative property data.
- Example pricing.
- Simulated interactions.
- Illustrative content.
Unless specifically identified otherwise, such information should not be interpreted as actual customer or performance data.
8. FOH VISUAL DEMONSTRATIONS
FOH Visual demonstrations may contain interactive representations of hospitality properties or other physical locations.
These experiences may include:
- Panoramic imagery.
- Photography.
- Video.
- Floorplans.
- Maps.
- Measurements.
- Space descriptions.
- Capacity information.
- Property information.
- Sales collateral.
- Digital visualizations.
- Spatial relationships.
- Other information.
Demonstration content is provided for illustrative purposes.
Unless expressly certified in writing, FOH Visual should not be relied upon as a substitute for:
- Architectural drawings.
- Surveying.
- Engineering documents.
- Construction documents.
- Life-safety documents.
- Building-code documentation.
- Accessibility certification.
- Fire-code information.
- Legal property records.
- Certified measurements.
Users should independently confirm information where precise measurements or regulatory compliance are important.
9. DIGITAL PROPERTY INFORMATION
Property information available through FOH services may originate from:
- Customers.
- Property operators.
- Public sources.
- Existing sales collateral.
- Third-party systems.
- FOH capture activities.
- User submissions.
Although FOH may take reasonable measures to organize and present such information accurately, FOH does not guarantee that all property information is complete, current, or error-free.
Hotel and venue characteristics may change because of:
- Renovations.
- Reconfigurations.
- Operational changes.
- Construction.
- Brand changes.
- Furniture changes.
- Seasonal configurations.
- Temporary closures.
- Other circumstances.
Users should confirm commercially significant information directly with the applicable property.
10. PHOTOGRAPHY, 360° MEDIA, AND VISUAL REPRESENTATIONS
Visual media represents a location at a particular point in time.
FOH does not guarantee that a physical location will remain identical to its photographs, panoramas, video, or other visual documentation.
Differences may occur due to:
- Renovation.
- Lighting.
- Furnishings.
- Decor.
- Seasonal changes.
- Event setup.
- Room configuration.
- Landscaping.
- Weather.
- Operational changes.
Images may also be processed for ordinary purposes including:
- Exposure.
- Color.
- Contrast.
- Stitching.
- Perspective.
- Cropping.
- Resolution.
- Compression.
- Privacy.
- Presentation.
Visual content should be understood as a representation, not a guarantee of future physical conditions.
11. ARTIFICIAL INTELLIGENCE AND CONCEPTUAL VISUALIZATIONS
FOH may from time to time display AI-generated, computer-generated, conceptual, rendered, simulated, or otherwise digitally altered content.
Where reasonably applicable, FOH may identify such content as conceptual or illustrative.
Conceptual content may not represent:
- Existing physical conditions.
- Guaranteed future conditions.
- Construction feasibility.
- Accurate dimensions.
- Building-code compliance.
- Engineering feasibility.
- Exact furnishings.
- Actual inventory.
Conceptual visualizations are for visualization and communication purposes unless otherwise expressly agreed in writing.
12. PRODUCT DEVELOPMENT AND ROADMAP INFORMATION
FOH is an evolving technology company.
The Site may discuss:
- Planned features.
- Product concepts.
- Future integrations.
- Potential functionality.
- Development direction.
- Product roadmaps.
- Research projects.
- Prototype functionality.
Unless specifically stated in a binding written agreement, statements concerning future products or features are informational only.
They are not contractual commitments.
FOH may modify, delay, replace, or discontinue planned functionality at its discretion.
Purchasing decisions should be based on functionality commercially available under the applicable customer agreement rather than anticipated future development.
13. PRICING
Pricing displayed on the Site may include:
- Starting prices.
- Estimated pricing.
- Example pricing.
- Monthly equivalents.
- Annual pricing.
- Package pricing.
- Promotional pricing.
Unless specifically identified as a binding offer, website pricing is informational and may change without notice.
Actual pricing may depend upon factors including:
- Property size.
- Number of locations.
- Project scope.
- Capture requirements.
- Travel.
- Technical requirements.
- Integrations.
- Implementation complexity.
- Support requirements.
- Contract term.
- Custom development.
- Third-party costs.
A binding commercial commitment is created only through an authorized FOH order, proposal, checkout transaction, or signed agreement.
Where applicable, taxes and separately approved third-party or travel expenses may be additional.
FOH will endeavor to present material pricing disclosures clearly and accurately.
14. QUOTES AND PROPOSALS
Requesting pricing through the Site does not obligate either party to enter into a transaction.
Quotes and proposals may contain:
- Scope limitations.
- Expiration dates.
- Assumptions.
- Exclusions.
- Payment terms.
- Implementation requirements.
- Additional terms.
The terms contained in an accepted proposal or signed agreement govern that transaction.
FOH reserves the right to correct obvious clerical, typographical, computational, or pricing errors before contractual acceptance.
15. PAYMENTS
If FOH enables payments through the Site, you agree to provide accurate and authorized payment information.
Payment processing may be provided by a third-party payment processor.
FOH may not directly receive or store complete payment-card credentials where those credentials are processed through a third-party provider.
Additional payment terms may appear during checkout or in an applicable commercial agreement.
16. THIRD-PARTY PRODUCTS AND SERVICES
FOH works within a broader technology ecosystem.
The Site may reference, demonstrate, integrate with, or link to products or services provided by third parties.
Examples may include:
- Google.
- Google Maps.
- Google Business Profile.
- Google Street View.
- Matterport.
- HubSpot.
- Salesforce.
- Cvent.
- Delphi.
- Tripleseat.
- Cloudflare.
- Point-of-sale providers.
- Network providers.
- Reservation platforms.
- CRM systems.
- Mapping providers.
- Hosting providers.
- Social networks.
- Other technology vendors.
Third-party products are governed by their respective providers’ terms and policies.
FOH does not control and is not responsible for:
- Third-party availability.
- Third-party security.
- Third-party policies.
- Third-party pricing.
- API changes.
- Product discontinuations.
- Account suspensions.
- Platform rules.
- Third-party outages.
- Third-party content.
A reference to or integration with a third-party company does not imply sponsorship, endorsement, ownership, or partnership unless expressly stated.
All third-party trademarks remain property of their respective owners.
17. EXTERNAL LINKS
The Site may contain links to websites not operated by FOH.
FOH provides such links for convenience or informational purposes.
We do not control external websites and are not responsible for:
- Their content.
- Their accuracy.
- Their security.
- Their availability.
- Their products.
- Their privacy practices.
- Transactions conducted through them.
Accessing third-party sites is at your own discretion.
18. INTELLECTUAL PROPERTY
The Site and its contents are owned by, licensed to, or otherwise lawfully used by FOH.
Protected materials may include:
- FOH Digital branding.
- FOH Visual branding.
- Logos.
- Product names.
- Software.
- Source code.
- Object code.
- Interfaces.
- Designs.
- Graphics.
- Website layouts.
- Photography.
- Panoramic imagery.
- Video.
- Illustrations.
- Animations.
- Copy.
- Documentation.
- Data structures.
- Workflows.
- Product architecture.
- Demonstration environments.
- Templates.
- Reports.
- Research.
- Diagrams.
- Presentations.
- Other original materials.
These materials may be protected by copyright, trademark, trade-secret, contract, or other intellectual property laws.
Except where FOH expressly authorizes otherwise, you may not reproduce, redistribute, publish, sell, license, modify, create derivative works from, or commercially exploit FOH proprietary materials.
19. FOH TRADEMARKS
Names, logos, slogans, marks, product names, and branding associated with FOH Digital or FOH Visual may constitute trademarks or service marks.
You may not use FOH branding in a manner that:
- Suggests false sponsorship.
- Suggests false endorsement.
- Creates confusion.
- Misrepresents affiliation.
- Damages or dilutes FOH branding.
Nothing on the Site grants a trademark license except as expressly authorized by FOH in writing.
20. CUSTOMER AND THIRD-PARTY TRADEMARKS
Hospitality brands, hotel names, customer logos, technology-provider names, and other third-party marks displayed on the Site remain property of their respective owners.
Their appearance does not necessarily mean the owner:
- Endorses FOH.
- Sponsors FOH.
- Has purchased FOH services.
- Is a current FOH customer.
Where a customer relationship is represented, FOH will endeavor to do so accurately and in accordance with applicable permissions.
21. SUBMISSIONS
The Site may permit users to submit information such as:
- Contact information.
- Company information.
- Property information.
- Project details.
- Files.
- Photographs.
- Documents.
- Comments.
- Questions.
- Feedback.
You represent that you have the lawful right to provide materials you submit.
You retain ownership of materials you own.
You grant FOH the limited rights reasonably necessary to receive, review, process, store, transmit, and use submitted materials for the purpose for which they were provided.
Submission of confidential business information through a general website form does not by itself create a special confidentiality obligation beyond FOH’s Privacy Policy and applicable law.
Highly sensitive or confidential information should only be provided through channels specifically authorized for that purpose.
22. FEEDBACK
If you voluntarily provide product ideas, suggestions, feature requests, workflow recommendations, comments, or other feedback concerning FOH products or services, FOH may use that feedback to develop and improve its products and services without restriction or compensation.
This provision does not grant FOH ownership of:
- Your company’s confidential information.
- Your trademarks.
- Your customer data.
- Content independently owned by you.
23. REVIEWS AND TESTIMONIALS
FOH welcomes genuine feedback.
Nothing in these Terms prohibits anyone from providing an honest review or expressing a lawful opinion about FOH, its products, or its services.
FOH may publish customer testimonials only where appropriately authorized.
Where compensation, discounts, free services, or other material relationships are relevant to an endorsement, FOH may require appropriate disclosure.
24. COPYRIGHT COMPLAINTS
FOH respects intellectual property rights.
If you believe material available through an FOH-operated website infringes your copyright, you may contact:
Copyright Contact:
Mark Evans
Email:
[email protected]
Mailing Address:
1653 Oakhurst St. Pittsburgh, PA 15210
Please include enough information for FOH to identify and evaluate the allegedly infringing material, including:
- Identification of the copyrighted work.
- Identification and location of the allegedly infringing material.
- Your contact information.
- A statement explaining the basis of your claim.
- Any other information reasonably necessary to evaluate the request.
If FOH later operates services for which it seeks the protections associated with a formally designated DMCA agent, FOH may publish separate statutory notice procedures and designated-agent information.
25. PRIVACY
Use of the Site is also subject to the FOH Digital Privacy Policy.
The Privacy Policy explains how FOH collects, uses, discloses, and protects personal information.
The Privacy Policy should be available at:
[Privacy Policy URL]
These Terms and the Privacy Policy should be read together.
26. COOKIES AND ANALYTICS
FOH may use cookies, pixels, analytics technologies, and similar tools as described in its Privacy Policy and applicable cookie disclosures.
These technologies may be used for purposes including:
- Site functionality.
- Security.
- Analytics.
- Performance.
- User experience.
- Advertising measurement.
- Marketing attribution.
- Retargeting where permitted.
Where legally required, FOH will seek appropriate consent or provide applicable choices.
27. COMMUNICATIONS
If you contact FOH, request information, schedule a demonstration, request an audit, or otherwise provide contact information, FOH may communicate with you regarding that request.
Communications may include:
- Requested information.
- Scheduling.
- Product information.
- Proposal follow-up.
- Customer support.
- Service notices.
- Transactional communications.
Marketing communications will be handled in accordance with applicable law and FOH’s Privacy Policy.
Where available, recipients may use provided unsubscribe mechanisms to stop receiving non-transactional marketing email.
28. NO SPAM OR UNAUTHORIZED SOLICITATION
The publication of an FOH email address or contact form does not constitute consent to receive:
- Unsolicited bulk email.
- Automated sales solicitations.
- Scraped contact campaigns.
- Malware.
- Fraudulent communications.
Automated harvesting of FOH contact information is prohibited.
29. SECURITY
FOH uses reasonable administrative, technical, and organizational safeguards appropriate to the nature of its systems and services.
However, no internet-connected system is completely secure.
FOH cannot guarantee:
- Absolute security.
- Uninterrupted availability.
- Error-free operation.
- That unauthorized parties will never defeat security measures.
You are responsible for using reasonable security practices when accessing FOH services.
30. AVAILABILITY
FOH may modify, suspend, restrict, or discontinue any part of the public Site at any time.
The Site may occasionally be unavailable because of:
- Maintenance.
- Updates.
- Technical failures.
- Hosting outages.
- Network disruptions.
- Security incidents.
- Third-party failures.
- Force majeure events.
Unless separately agreed in writing, the public Site is not subject to a service-level agreement.
31. INFORMATIONAL CONTENT
FOH may publish articles, reports, guides, comparisons, recommendations, videos, research, commentary, and other educational material.
Such materials represent general information and should not automatically be treated as advice specifically tailored to your organization.
Technology decisions depend upon factors including:
- Business requirements.
- Budget.
- Existing systems.
- Security requirements.
- Physical environment.
- Regulatory requirements.
- Vendor agreements.
- Operational priorities.
Professional recommendations applicable to a specific customer may be governed by a separate consulting or services agreement.
32. NO LEGAL, FINANCIAL, ENGINEERING, OR OTHER REGULATED PROFESSIONAL ADVICE
Unless expressly agreed otherwise in writing, information provided through the Site does not constitute:
- Legal advice.
- Tax advice.
- Accounting advice.
- Investment advice.
- Engineering advice.
- Architectural services.
- Surveying services.
- Building-code certification.
- Fire or life-safety certification.
- Regulatory compliance certification.
You should consult an appropriately qualified professional where such advice is required.
33. WEBSITE CONTENT ACCURACY
FOH attempts to provide useful and accurate information.
However, website content may occasionally contain:
- Errors.
- Outdated information.
- Incomplete information.
- Typographical errors.
- Technical inaccuracies.
FOH may correct or modify Site content without notice.
Unless expressly warranted in a separate agreement, FOH does not guarantee that all website information is complete, accurate, or current.
34. RESULTS AND PERFORMANCE
Case studies, examples, metrics, customer experiences, and other results displayed on the Site may describe specific circumstances.
They do not guarantee that another customer will achieve the same result.
Business results depend on many factors outside FOH’s control.
FOH does not guarantee:
- Revenue increases.
- Sales increases.
- Conversion increases.
- Search-engine ranking.
- Google visibility.
- Advertising performance.
- Lead volume.
- Hotel bookings.
- Event bookings.
- Occupancy.
- Cost savings.
- Specific technology performance.
Any contractual performance commitments must appear in a separate written agreement.
35. SEARCH ENGINES AND THIRD-PARTY PLATFORMS
FOH may provide services related to websites, search engines, directories, social platforms, Google Business Profiles, advertising platforms, and other third-party services.
FOH cannot guarantee:
- Search rankings.
- Indexing.
- Map placement.
- Review removal.
- Account verification.
- Platform approval.
- Advertising approval.
- Algorithmic visibility.
Third-party platforms control their own systems and policies.
36. WARRANTIES DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PUBLIC SITE AND PUBLICLY AVAILABLE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT, FOH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF:
- MERCHANTABILITY.
- FITNESS FOR A PARTICULAR PURPOSE.
- TITLE.
- NON-INFRINGEMENT.
FOH DOES NOT WARRANT THAT THE SITE WILL BE:
- UNINTERRUPTED.
- ERROR-FREE.
- COMPLETELY SECURE.
- FREE FROM HARMFUL COMPONENTS.
- SUITABLE FOR EVERY PARTICULAR BUSINESS PURPOSE.
Some jurisdictions may not permit certain warranty exclusions, in which case applicable exclusions will apply only to the extent permitted by law.
37. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOH AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO USE OF THE PUBLIC SITE.
THIS INCLUDES, WHERE PERMITTED BY LAW:
- LOST PROFITS.
- LOST REVENUE.
- LOST BUSINESS.
- LOST OPPORTUNITIES.
- LOSS OF DATA.
- BUSINESS INTERRUPTION.
- REPUTATIONAL DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOH’S AGGREGATE LIABILITY ARISING SOLELY FROM YOUR USE OF THE FREE PUBLIC SITE WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU PAID FOH SPECIFICALLY FOR ACCESS TO THE PUBLIC SITE DURING THE PRECEDING TWELVE MONTHS; OR
(B) ONE HUNDRED U.S. DOLLARS ($100).
Liability arising under separately purchased FOH services will instead be governed by the applicable customer agreement.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
38. INDEMNIFICATION
To the extent permitted by law, you agree to defend, indemnify, and hold harmless FOH and its owners, officers, employees, contractors, affiliates, and agents from third-party claims arising from:
- Your unlawful use of the Site.
- Your material violation of these Terms.
- Content you submit without sufficient rights.
- Your infringement of third-party intellectual property rights.
- Your fraudulent or intentionally wrongful conduct.
This provision does not require you to indemnify FOH for claims caused solely by FOH’s own unlawful conduct where such indemnification is prohibited by law.
39. SUSPENSION AND TERMINATION
FOH may suspend or terminate access to restricted Site areas where FOH reasonably determines that:
- These Terms have been violated.
- Security is threatened.
- Unauthorized access has occurred.
- Fraud is suspected.
- Continued access may create legal risk.
- A governing customer agreement has terminated.
- Suspension is otherwise reasonably necessary to protect FOH, customers, users, or third parties.
Sections that by their nature should survive termination will continue to apply.
40. FORCE MAJEURE
FOH will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including:
- Natural disasters.
- Severe weather.
- Fire.
- Flood.
- War.
- Terrorism.
- Civil unrest.
- Government action.
- Labor disruption.
- Utility failure.
- Telecommunications failure.
- Internet disruption.
- Cloud-service outages.
- Third-party platform failures.
- Cyberattacks not caused by FOH’s failure to use reasonable safeguards.
- Public health emergencies.
- Airspace restrictions.
- Other comparable events.
41. CHANGES TO THE SITE
FOH may add, modify, redesign, replace, or discontinue Site functionality at any time.
Nothing in these Terms requires FOH to maintain a particular:
- Website design.
- Feature.
- Product demonstration.
- Article.
- Resource.
- Pricing page.
- Public tool.
Changes to contracted customer services will be governed by the relevant customer agreement.
42. CHANGES TO THESE TERMS
FOH may update these Terms periodically.
When material changes are made, FOH will update the “Last Updated” date above and may provide additional notice where appropriate or legally required.
The version in effect when you use the Site governs that use.
Continued use of the Site after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
Changes will not retroactively alter an existing signed customer agreement unless that agreement expressly permits such modification.
43. GOVERNING LAW
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except where applicable law requires otherwise.
44. VENUE AND DISPUTES
Before commencing formal litigation concerning these Terms, the parties are encouraged to make a good-faith attempt to resolve the dispute informally.
Unless applicable law requires otherwise, any legal action arising solely from these Terms or use of the public Site will be brought in an appropriate state or federal court located in or serving Allegheny County, Pennsylvania.
Each party consents to the jurisdiction of those courts for such disputes.
Disputes arising from a separately executed customer agreement will instead be resolved according to that agreement.
45. EQUITABLE RELIEF
Nothing in these Terms prevents either party from seeking temporary, preliminary, or other equitable relief where necessary to protect intellectual property, confidential information, systems, security, or other rights where monetary damages would not provide an adequate remedy.
46. ASSIGNMENT
You may not assign rights or obligations under these Terms in connection with restricted Site access without FOH’s prior written consent.
FOH may assign these Terms in connection with:
- A merger.
- Acquisition.
- Reorganization.
- Corporate restructuring.
- Sale of substantially all relevant assets.
- Transfer of the applicable business.
47. SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect.
The invalid or unenforceable provision will be interpreted or modified to the minimum extent necessary to make it enforceable where permitted by law.
48. WAIVER
Failure by FOH to enforce any provision of these Terms does not waive FOH’s right to enforce that or another provision later.
A waiver is effective only if made by an authorized representative in writing where required.
49. NO PARTNERSHIP OR AGENCY
Use of the Site does not create:
- A partnership.
- Joint venture.
- Employment relationship.
- Franchise.
- Agency relationship.
- Fiduciary relationship.
Neither party has authority to bind the other solely because of these Terms.
50. HEADINGS
Section headings are provided for convenience and do not limit or alter the interpretation of these Terms.
51. ELECTRONIC COMMUNICATIONS
You agree that communications relating to your use of the Site may be provided electronically where permitted by law.
Electronic records, notices, disclosures, and agreements may have the same effect as paper communications where applicable law recognizes electronic transactions.
52. ENTIRE AGREEMENT FOR PUBLIC SITE USE
These Terms, together with the FOH Privacy Policy and any other policies expressly incorporated by reference, constitute the agreement between you and FOH concerning general use of the public Site.
They do not supersede separately executed customer agreements.
53. CONTACT FOH DIGITAL
Questions concerning these Terms may be directed to:
FOH Digital
FOH Digital LLC
1653 Oakhurst St
Pittsburgh, Pennsylvania 15210
Email: [email protected]
Website: fohdigital.com
54. COPYRIGHT CONTACT
Copyright-related notices should be directed to:
Copyright Contact:
Mark Evans | Founder & CEO
Email:
[email protected]
Address:
1653 Oakhurst St. Pittsburgh, PA 15210
Telephone:
412.303.0751
55. FINAL ACKNOWLEDGMENT
By accessing or using the Site, you acknowledge that you have read and understood these Terms & Conditions and agree to be bound by them to the extent applicable to your use of the Site.
