Terms & Conditions
Effective Date: 12th January 2021
- We, Focus Factor® and its parent company, offer the content within the Focus Factor App.
- Product Subscriptions can be purchased as an In-App Product Purchase (defined below).
- The subscription fee for the application and any subscription products will apply regardless of how much or how often you access or use your subscription.
Use of the App
- Use of the Focus Factor® App is subject to End User License Agreement
- By using the App, you represent and warrant to us that: (1) you are at least 18 years or the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use the App for any purpose or in any manner that violates any law or regulation or that infringes the rights of Focus Factor® or any third party; (4) any information or data provided to Focus Factor® by you will not violate any law or regulation or infringe the rights of Focus Factor® or any third party; (5) all information that you provide to us in connection with the App (e.g., name, e-mail address, and/or other information) is true and accurate; (6) you have read and agree to these Terms; and (7) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
- Subject to this Agreement, we grant you a limited, non-exclusive, worldwide, non-transferable license to use the App in accordance with the terms and conditions set out in this Agreement. You may access and use the App (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the App for your own personal, non-commercial use. You may not post any content to the App: (a) unless you hold all necessary rights, licenses and consents to do so; (b) that would cause you or us to breach any applicable law, regulation, rule, code or other legal obligation; (c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (d) that would bring us, or the App, into disrepute; or (e) that infringes the intellectual property or other rights of any person.
- You acknowledge and agree that (a) we retain complete editorial control over the App and may alter, amend or cease the operation of the App at any time in our sole discretion; and (b) the App will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the App.
- In your use of the App, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the App or any web sites linked to the App; (iii) interfere with or damage the App, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the App or create or use a false identity; (v) attempt to obtain unauthorized access to the App or portions of the App that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the App; (viii) use any meta tags or any other "hidden text" utilizing the Focus Factor® name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the App; (x) engage in any activity that interferes with any third party's ability to use or enjoy the App; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
ELECTRONIC SIGNATURES AND AGREEMENTS
- You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "ORDER", "I ACCEPT" or such similar links as may be designated by Focus Factor® to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE APP OR SERVICES OFFERED BY Focus Factor®. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
On the Focus Factor® App, you may purchase various products and services, including physical products and digital content.
- In-App Content Purchases: If you purchase any digital content offered on the App via an external mobile app store, such as the Apple App Store or Google Play Store ("App Store"), this will be considered an "In-App Purchase." If you make an In-App Purchase, you acknowledge and agree that an In-App Purchase is subject to the terms, conditions and other licensing arrangements specified by the relevant App Store provider ("App Provider Terms"). In-App Purchases are processed via the payment gateway used by the applicable App Store provider. You must resolve any payment-related issues you experience with an In-App Purchase or return requests with the relevant App Store provider directly. An In-App Purchase from an App Store is purchased from and billed by the respective App Store.
- Physical Product Purchases: You may also purchase physical products through the App. Your purchases of physical products offered on or through the App ("Purchase") may be completed on a third-party website or platform; however, all such Purchases shall be subject to this Agreement, including the mandatory arbitration provision and class action waiver below. We reserve the right to refuse any Purchase for any reason. All Purchases are for personal use and gifting only. They must not be resold in any form or any place and we reserve the right to take legal action against unauthorized and unofficial sale of our products.
Payment & Prices
- Subject to any free trial period, payment must be made at the time of purchase.
- Subscriptions will automatically renew, and you will automatically be charged on the first day of your next billing period. See Product Subscriptions for further details.
- We reserve the right to vary the fees billed for App Subscription and Product Subscriptions from time to time.
- A user may view prices published on the App ("Prices") in their own country's currency but all prices shown at the final checkout point of the sale are shown in US Dollars. Depending on the currency that you use to pay for a Purchase, the Price you pay may fluctuate. You are also responsible for any applicable shipping, customs and/or duty fees incurred. We are entitled to claim from you any appropriate taxes, levies or other charges of whatever nature payable on the supply of the Purchases in that jurisdiction. Prices, including applicable shipping fees and taxes, are subject to change, and we reserve the right, in our sole discretion, to increase prices and to offer sales and other promotions for certain products and for a limited duration.
Lifetime Subscription Plans
A Focus Factor app "Lifetime" subscription plan allows access to the Focus Factor app features and services available at the time of purchase for as long as those features and services are available. You may not assign lifetime subscription plans to any other person. We make no warranties or representations as to the expected lifetime of the Focus Factor app features and services, and in purchasing a lifetime plan, you acknowledge and agree that the Focus Factor app features and services could change or terminate in the future. Cost of a previously purchased Monthly or Yearly subscription cannot be refunded or applied toward a Lifetime subscription. Lifetime subscription plans are not refundable.
- Your subscription may start with a free trial for a fixed period, as specified at the time of sign up.
- Free trials are only available to new Focus Factor App users, and are at the sole discretion of Focus Factor®. If you attempt to sign up for an additional free trial, your subscription will be rejected and you may be immediately charged with the standard subscription price.
- We reserve the right to revoke your free trial at any time.
- You must cancel your trial through your applicable App Store and following the instructions. If you do not cancel at least 24 hours before the end of your trial, you will automatically be enrolled in a paid subscription at the price and duration provided to you at the time when you enroll in your trial. Your subscription will continue, and your payment method will automatically be charged, until you cancel.
- By completing your purchase of a Focus Factor® Product subscription, you will be enrolled in our subscription program to receive your product on a recurring basis. This means that your payment card will be charged the subscription amount from the date of the transaction and on an automatic recurring basis, until you cancel your subscription.
- Your Product subscription will automatically renew, and your payment card will be charged at the price and frequency detailed in your order summary. You will continue to be charged for shipping at the original shipping option you chose at the time of enrollment.
- By purchasing a Product subscription, you agree to pay all charges associated with your Product subscription, until you cancel. Product subscription fees will apply regardless of whether or not you use your Product subscription.
- Focus Factor® reserves the right to vary the fees charged for all our subscription-based Products from time to time.
- To cancel your subscription at any time, email us at email@example.com, or manage your subscription online under your Account Settings. Payments are nonrefundable, and there are no refunds for partially used or unused packs. You must cancel at least 7 days before your next shipment before your next shipment to avoid being charged for your next shipment.
Cancellation of Focus Factor® Mobile App Subscription
- If you wish to cancel your Focus Factor® mobile application subscription, you must do so via the appropriate App Store's platform. If you do not cancel at least 24 hours before your renewal date, you will be billed for the next subscription term. To find out how to cancel your membership through the appropriate App Store, you can email us at firstname.lastname@example.org.
- Unless you cancel your In-App Product subscription, you will automatically be charged the next term's fees, and charges will be made through the appropriate App Store.
- After cancellation, you will continue to have access to the Focus Factor App for the remainder of your billing period.
- If you are dissatisfied for any reason, please contact our Support Team at email@example.com. Information about your account and cancellation is available at: our FAQ under the appropriate section on our website (app.focusfactor.com) or Our Support Team at firstname.lastname@example.org.
Privacy and Communications
You may choose to provide us with your email address and/or mobile number for the purpose of allowing us to send offers and other promotional materials to you electronically or through automated SMS text. When you provide your telephone number on the App or send a text message to us (including any short code designated us), you provide your prior express written consent agreeing to receive alerts and communications, and marketing messages, including those sent via automated telephone dialing system, text messages, SMS, MMS, and picture messages from Focus Factor at the phone number you provide on App or the phone number from which you text the short code, including landlines and wireless numbers, even if the phone number is on a corporate, state or national Do Not Call list. You also agree to the mandatory arbitration provision and class action waiver below. Your consent is not required to purchase goods or services. Message & data rates may apply. You can revoke this consent at any time by responding "STOP" to any text.
You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you transactional and service-related communications relevant to orders and inquiries.
We may offer special promotions, trials, discounts, offers or coupons from time to time directly through Focus Factor® App or through third parties, which may be subject to terms and conditions separate to those of the Focus Factor® App. It is your responsibility to read and understand those terms and conditions.
Refund and Return Policy
We offer no refunds for In-App Purchases. To the fullest extent permitted at law we offer no refunds of Purchases unless a Product is faulty. Short expiry dates do not deem a Product faulty. If you receive a faulty Product you must advise us via email at email@example.com within 7 days of receiving the Product and return the Product in its original packaging to us before we can provide a refund. We do not offer refunds if a Product is lost once it has been dispatched from our warehouse. We do not accept returns or provide refunds for dissatisfaction with the Product unless the Product is faulty. We are not able to accept faulty Products or returns from purchases made outside of the App. Return shipping costs back to our warehouse are the responsibility of the customer and we are unable to refund shipping costs. No refunds can be processed after 60 days from purchase.
Subject to the following clauses and to the fullest extent permitted by law, we give no warranty in respect of the Products. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THE PRODUCTS, SERVICES, AND CONTENT OFFERED.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Maine, without regard to principles of conflict of laws thereof.
If you have any dispute concerning Focus Factor®, the App, or the Products (including the purchase of any Products), you agree to first contact us at firstname.lastname@example.org. If we are unable to resolve the issue informally, you and we agree that any dispute, demand, claim or controversy arising out of or relating in any way to this Agreement, your use of the App or the Material, your purchase or use of Products, or any communications (including emails, text messages, or telephone calls) you receive from or on behalf of Focus Factor®, shall be resolved individually, without resort to any form of class action, and exclusively in the state and federal courts located in Maine. YOU AND FOCUS FACTOR® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Thus, unless both you and Focus Factor® agree otherwise, the court may not consolidate more than one person's claims with your claims, and you may not otherwise preside over any form of a representative or class proceeding.
Unless you opt-out, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.
You shall have thirty (30) days from the date that you access the App to opt-out of this class action waiver. To opt-out, you must contact us in writing at:
Attn: The Manager
865 Spring Street
Westbrook, ME 04092
User Generated Content, Reviews, Feedback and Other Postings to the App
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our App ("User Generated Content"), or if you give us permission to use your User Generated Content provided to third parties such as social media platforms, you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You represent and warrant to Focus Factor® that you have the legal right and authorization to provide all User Generated Content to Focus Factor® for the purposes and uses set forth herein. Focus Factor® is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Focus Factor® and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party. Focus Factor® reserves the right (but does not undertake the obligation) to monitor and edit or remove any User Generated Content submitted to the App.
Notice and Take-Down Procedures; Copyright Agent
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to Focus Factor® by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the App, with enough detail that Focus Factor® may find it on the App;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the 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.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Attn: The Manager
865 Spring Street
Westbrook, ME 04092
Third Party Sites
The App may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions. If you decide to access any of the third party websites linked to this App, you do this entirely at your own risk.
The App offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device. Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the App. In addition, downloading, installing, or using the App may be prohibited or restricted by your mobile carrier, and not all functionality on the App will work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the App is available for your mobile devices; what restrictions, if any, may be applicable to your use of the App; and how much such use will cost you. Nevertheless, your use of the App shall be strictly in accordance with this EULA.
Enforcing Security on the App
Company reserves the right to view, monitor, and record activity on the App without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on or through the App as well as to disclosures required by or under applicable law or related government agency actions. Company will also comply with all court orders or subpoenas involving requests for such information.
WE DO NOT REPRESENT OR WARRANT THAT THE APP WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE APP AND THE PRODUCTS AND SERVICES OFFERED ON THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND COMPANY DOES NOT MAKE ANY WARRANTY BEYOND THOSE ON THE FACE OF THE APP AND THE PRODUCTS OFFERED ON THE APP. MOREOVER, COMPANY EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY PROVIDED MATERIALS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE APP, AND YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A THIRD PARTY.
Limitation of Liability
You expressly absolve and release Focus Factor® from any claim resulting from a cause beyond Focus Factor®'s control, including, but not limited to, failure of electronic or mechanical equipment, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. To the fullest extent permitted by law, we disclaim all liability in respect of loss of data, interruption of business or any consequential or incidental damages, nor shall Focus Factor® be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the App, Purchases, In-App Purchases, or with the delay or inability to use the App, or from any information, Products, or other services made available through the App, whether such claims are based in contract, tort, strict liability, or otherwise. Certain states, including New Jersey, do not allow the exclusion or limitations of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
We may vary these Terms at any time by publishing a revised version of the Terms in the App. You can review the most current version of the Terms at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the App, and/or purchase of Products from us following the posting of any changes constitutes acceptance of those changes.
We may terminate or suspend this Agreement or operation of or access to the App at any time without notice to you. Without limiting the foregoing, Focus Factor® shall have the right to immediately terminate your access to the App in the event of any conduct by you which Focus Factor®, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
Results from consuming the Products may vary from person to person. Please do not use the Products when pregnant or breast feeding. You should consult your doctor before using the Products, or any dietary supplement. The statements on the App have not been evaluated by the Food and Drug Administration, and the Products are not intended to diagnose, treat, cure, or prevent any disease.
Notice for California Users
Under California Civil Code Section 1789.3, users of the App from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Focus Factor® may be contacted in writing at 865 Spring Street, Westbrook, ME 04092.
These Terms constitute the entire agreement between you and Focus Factor® relating to its subject matter and supersedes all prior discussions and agreements between you and Focus Factor® relating to the subject matter of these Terms. The failure of Focus Factor® to exercise or enforce any right or provision of this Agreement does not constitute a waiver of any such right or provisions. If a provision of these Terms is invalid or unenforceable by an arbitrator or Court of competent jurisdiction (if applicable) it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected.
MOBILE APP END-USER LICENSE AGREEMENT
Except as expressly provided herein, Company does not grant any other express or implied right to you or any other person. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative works of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, least, private label, grant a security interest in, or otherwise use the App in any manner not expressly permitted herein. You shall not, nor shall you permit any third party or person tom disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by Company for use of the App. Moreover, you shall not use the App for any commercial purpose.
By using this App, you represent and warrant to us that: (1) you are at least 18 years or the legal age of majority in your jurisdiction (whichever is greater); (2) you are authorized to enter into this Agreement; (3) you will not use the App for any purpose or in any manner that violates any law or regulation or that infringes the rights of Focus Factor® or any third party; (4) any information or data provided to Focus Factor® by you will not violate any law or regulation or infringe the rights of Focus Factor® or any third party; (5) all information that you provide to us in connection with the App (e.g., name, e-mail address, and/or other information) is true and accurate; (6) you have read and agree to these Terms; and (7) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
In addition, you access the App on your own volition and are responsible for compliance with all applicable laws and regulations with respect to your use of the App (including use of any permitted copies of the App materials and information).
In your use of the App, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the App or any websites linked to the App; (iii) interfere with or damage the App, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the App or create or use a false identity; (v) attempt to obtain unauthorized access to the App or portions of the App that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the App; (viii) use any meta tags or any other "hidden text" utilizing the Focus Factor® name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the App; (x) engage in any activity that interferes with any third party's ability to use or enjoy the App; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
You may be required to register to use the App or certain features of the App. Each registration is for a single user only, unless otherwise expressly agreed upon by Company. Registration for access to and use of the App may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by Company in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a user name and password, as Confidential Information (defined below) and not to disclose such information to any third party without the prior express written consent of Company, which may be withheld in its sole discretion. You shall immediately notify Company if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. Company will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations. By submitting the requested information to the registration form via the App, you represent and warrant that the information you submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update your submitted account information to ensure that such information is complete, true, accurate, and current. Company reserves the right to suspend, terminate, or otherwise discontinue your account if Company has reasonable grounds to suspect that any information you have submitted is untrue, inaccurate, not current, or incomplete, or that your registration, account, or use of the App is in violation of applicable law, regulation, or the terms of this EULA.
Data Collection, Communications, and Updates
By installing, accessing, or using the App, you agree to allow Company to collect (on behalf of itself and its affiliates and business partners) certain information regarding your use of the App (including, without limitation, certain data regarding your mobile device (e.g. type of device, unique device ID, etc.), operating software, feature utilization, navigation, and personal information (e.g. name, email, etc.)). By creating an account, you agree to receive communications from Company including but not limited to email, push notifications, and text messages. These communications are part of your relationship with Company and you receive them as part of your use of the App. You therefore hereby agree that any such notices, agreements, disclosures or other communications that Company sends to you electronically will satisfy any legal communication requirements. Furthermore, you understand and agree that installation of the App permits the downloading of updates and upgrades for the purposes of fixing product defects or providing enhancements. You will be given notice and an opportunity to accept or refuse any update or upgrade that Company provides. However, your refusal of an update or upgrade may impact performance of the App and may render it unusable.
You understand, acknowledge, and agree that when using the App, you may view or receive certain confidential, sensitive, non-public, and proprietary information belonging to Company and its licensors ("Confidential Information"). The source code of the App is Confidential Information. You may not share, transmit, or otherwise disclose such Confidential Information to any third party for any purpose whatsoever, or provide any third party with access to the App that would allow such third party to view or receive Confidential Information. You may not make any copy, reproduction, or derivation of any Confidential Information made available to you through the App without Company's express prior written permission in each instance, which may be granted or withheld in Company's sole and absolute discretion. Notwithstanding and without limiting the foregoing, upon the termination of this EULA for any reason, you must immediately delete any Confidential Information, together with all copies, reproductions, or derivations thereof, in any medium, in Your possession or control.
Intellectual Property Rights
The contents of the App, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of the App (collectively, "Material") unless otherwise indicated, are owned, controlled, and licensed by Focus Factor® or its licensors. Any rights granted hereby are expressly licensed. Focus Factor® does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the App (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the App (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The App and Material are Copyright ©2016 Focus Factor® and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the App or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the App. You shall not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Focus Factor® or its owner if Focus Factor® is not the owner. Focus Factor® and all other names, logos, and icons identifying Focus Factor® and its Products and services are proprietary trademarks of Focus Factor® (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Focus Factor® is strictly prohibited. Other product and company names mentioned herein or on the App may be the trademarks and/or service marks of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us). You may print a copy of the Material on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Material. Any other use of the Material is strictly prohibited.
Other Terms and Conditions
Additional notices, terms, and conditions may apply to products, services, receipt of (or access to) certain materials, participation in particular programs, and to specific portions or features of the App, including without limitation the terms of App Stores, digital distribution services, and third-party payment processors. Without limiting the foregoing, you hereby agree that (a) this EULA operates in addition to any App Provider Terms; and (b) the terms of this EULA supplement and do not alter or amend any such App Provider Terms as they relate to such digital download platform(s).
Additional Terms and Conditions for Apple Users
NOTE – The terms and conditions of this paragraph apply to you only if you downloaded the App through Apple Inc.'s App Store. You acknowledge that this EULA is between you and Focus Factor®, and that Apple Inc. ("Apple") bears no responsibility for the App and its content. The license granted under this EULA is a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by this EULA and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via "Family Sharing" (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or a third party relating to the App or your use of the App, including without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the App or your possession and use thereof infringes a third party's intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
You acknowledge that any breach, threatened or actual, of this EULA, including without limitation with respect to unauthorized use of Company proprietary rights or assets, may cause irreparable injury to Company, and such injury would not be quantifiable in monetary damages, such that Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court or arbitral tribunal of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this EULA. You hereby waive any requirement that Company post any bond or other security in the event of any such application for injunctive or equitable relief sought by or awarded to Company to enforce any provision of this EULA.
Waiver & Severability
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and the liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; or (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable Sanctions and Export Control Laws, (ii) You are solely responsible for ensuring that the App is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) You will not re-export or transfer the App, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
Questions about the Terms and Conditions or End User Licensing Agreement should be sent to us at email@example.com or through the Help & Support link in the App.