Terms & Conditions
Effective Date: 10th November 2020
TABLE OF CONTENTS
- Use of the Site
- Electronic Signatures and Agreements
- Privacy and Communications
- Limitation of Liability
- Intellectual Property Rights
- User Generated Content, Reviews, Feedback and Other Postings to the Site
- Notice and Take-Down Procedures; Copyright Agent
- Third Party Sites
- Prices and Payment
- Refunds and Returns
- Subscription Terms
- No Warranty
- Governing Law
- Dispute Resolution; Class Action Wavier
- Health Disclaimer
- Notice for California Users
- Contact Us
Use of the Site
By using this Site, you represent and warrant to us that: (1) you are at least 18 years or the legal age of majority in your jurisdiction; (2) you are authorized to enter into this Agreement; (3) you will not use the Site 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 Site (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 Site in accordance with the terms and conditions set out in this Agreement. You may access and use the Site (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 Site for your own personal, non-commercial use. You may not post any content to the Site: (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 Site, 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 Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and (b) the Site 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 Site.
In your use of the Site , 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 Site or any web sites linked to the Site; (iii) interfere with or damage the Site, 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 Site or create or use a false identity; (v) attempt to obtain unauthorized access to the Site or portions of the Site 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 Site; (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 Site; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Site; 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 SITE 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.
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 Site 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 this website 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 respond “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.
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 Site or the Products, or with the delay or inability to use this Site, or from any information, Products, or other services made available through the Site, 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.
Intellectual Property Rights
The contents of the Site, 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 Site (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 Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site 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 Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site. 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 Site 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.
User Generated Content, Reviews, Feedback and Other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“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 Site.
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 Site, with enough detail that Focus Factor® may find it on the Site;
- 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
Third Party Sites
FOCUSfactor.com 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 Site, you do this entirely at your own risk.
To submit an order (“Order”) for Products, you must complete and submit the online order following the directions on the Site. We reserve the right to refuse any Order for any reason. All Products ordered 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.
Prices and Payment
A user may view prices published on the Site (“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 Product, 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 Products 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.
Refunds and Returns
To the extent permitted by law, we offer no refunds unless a Product is faulty. If you receive a faulty Product you must advise us via email at getfocused@FOCUSfactor.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. Return shipping costs back to our warehouse are the responsibility of the customer and we are unable to refund shipping costs.
We are not able to accept faulty products or returns from purchases made outside of the Site.
By completing your purchase of a Focus Factor® subscription item, 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 subscription will automatically renew, and your payment card will be charged at the price and frequency detailed in your order summary. Please note that you will continue to be charged for shipping at the original shipping option you choose at the time of enrollment. To cancel your subscription at any time, email us at getfocused@FOCUSfactor.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.
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.
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.
Dispute Resolution; Class Action Wavier
If you have any dispute concerning Focus Factor, the Site, or the Products (including the purchase of any Products), you agree to first contact us at management@FOCUSfactor.com. 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 Site 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 earliest of: the date that you access the Site, submit your personally identifiable information, or purchase a Product to opt-out of this class action waiver. To opt-out, you must contact us in writing at:
Attn: The Manager
865 Spring Street
We may vary these Terms at any time by publishing a revised version of the Terms on this Site. 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 Site, 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 Site at any time without notice to you. Without limiting the foregoing, Focus Factor® shall have the right to immediately terminate your access to the Site 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 Site have not been evaluated by the Food and Drug Administration, and the Products not intended to diagnose, treat, cure, or prevent any disease.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Site 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 or by telephone at (207) 321-2337
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.