Focus Connect LLC (“FocusConnect”) makes information and products available on this website (the Website”), subject to the following terms and conditions (“Terms of Use”), which apply to all materials, software, content, services, online communications and other information that is or becomes available on or through the Website (collectively, the “Content”). The Website is offered to you conditioned on your acceptance, without modification, of these Terms of Use. By accessing and using the Website, you hereby agree to be legally bound by the terms and conditions of these Terms of Use. If you do not agree to any portion of these Terms of Use, you must immediately cease all use of this Website and the Content.
FocusConnect reserves the right, in our sole and absolute discretion, to modify these Terms of Use from time to time. Any such changes will be maintained on this webpage so that you will always be able to understand our respective rights and obligations with regard to the Website. Accordingly, we encourage you to revisit this webpage frequently, in order to ensure that you are aware of revisions that have been made to these Terms of Use, as your continued use of the Website shall constitute your continuing acceptance of any and all revisions hereto. The date of the most recent update appears at the bottom of this webpage.
INTELLECTUAL PROPERTY
The content on the Website is protected by copyright. Except as specifically authorized, no portion of the Site may be used, modified, copied, reproduced, displayed, published or distributed without our express prior written consent. The trademarks, service marks, logos, trade names, domain names, and URLs (collectively, the “Marks”) used in the Content and/or displayed on the Website are the property of FocusConnect, or third parties, and nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Marks without our express prior written consent. We actively monitor and aggressively enforce our intellectual property rights.
The Website also includes content owned or licensed by third parties, including, without limitation, the Software (as defined below), as well as links to websites owned by third parties (collectively, the “Third Party Material”).
USE RESTRICTIONS
FocusConnect hereby grants you a non-exclusive, non-assignable, non-transferable and non-sub-licensable license to use and display, for non-commercial and personal use only, one copy of the Content that you download from the Website, except as may otherwise be expressly provided herein and/or the Website (and not to include licenses to Software (as defined below)). You shall not otherwise use, modify, copy, reproduce, publish, display, transmit or distribute the Content without our prior written consent. Except as expressly set forth herein, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of FocusConnect or any third party. You agree that the copy of the Content shall retain all copyright, trademark and other proprietary notices in the same form and in the same manner as such notices appear on the Content or on the Website.
The software and accompanying documentation available to download from the Website (collectively, the “Software”) are the copyrighted and possibly patented work and property of third parties. Use of the Software is governed by the terms of the End-User License Agreement (“EULA”) which accompanies such Software. You will not be able to download, install or use any Software unless you agree to the terms of such EULA.
As a condition of your use of the Website, you warrant to FocusConnect that you will not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms of Use. You may not use any of the Website in any manner which could disable, impair, or otherwise harm the Content, Website or interfere with any other person’s use and enjoyment thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
USER ACCOUNTS
For certain features available through the Website, we may require the use of encryption technologies provided for your protection and/or your use of a personal identifier “User ID” and password after establishing a user account. We use commercially reasonable precautions to protect the privacy of your User ID, password, user account and credit card details by utilizing a Secure Sockets Layer (“SSL”) connection. Use of an SSL connection facilitates encryption of your User ID, password, user account and credit card details. However, you are ultimately responsible for protecting your User ID, password, user account and credit card details from disclosure to third parties, and you are not permitted to circumvent the use of encryption technologies. User accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her User ID and password. You agree to: (i) immediately notify FocusConnect of any unauthorized use of your User ID, password and/or user account and credit card details, and/or any other breach of security; and (ii) ensure that you exit from your user account at the end of each session. While FocusConnect takes commercially reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
In creating and using your user account on the Website, you agree to: (i) provide true, accurate, and current information about yourself (collectively, the “Registration Data”); and (ii) maintain and promptly update the Registration Data in order to keep it true, accurate and current. If you submit any information that is false, inaccurate, or incomplete, or if we have reasonable grounds to suspect that such information is incomplete, false, or otherwise inaccurate, then we have the right to suspend or terminate your account and refuse any and all current or future use thereof.
LINKS TO AND FROM THIRD PARTY SITES
The Website may contain links to other web sites (collectively, “Third Party Sites”). The Third Party Sites are not controlled or maintained by FocusConnect, and FocusConnect is not responsible for the contents of any Third Party Site. FocusConnect is not responsible for webcasting or any other form of transmission received from any Third Party Site. The inclusion of a link from the Website to a Third Party Site does not imply our endorsement of such Third Party Site nor any affiliation with its operators.
Similarly, a link to the Website from a Third Party Site should not be construed as a partnership, joint venture, or other affiliation with FocusConnect. In most cases, FocusConnect is not even aware that a Third Party Site has linked to the Website. A Third Party Site that links to the Website: (i) may link to, but not replicate, FocusConnect’s Content; (ii) may not create a browser, border environment or frame FocusConnect’s Content; (iii) may not imply that FocusConnect is endorsing it or its products or services; (iv) may not misrepresent its relationship with Focus Connect; (v) may not present false or misleading information about FocusConnect’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; CONTENT “AS IS”
FocusConnect PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBPAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION THEREWITH ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS. FocusConnect DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FocusConnect WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
FocusConnect AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS AND/OR ACCURACY OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER CONTENT CONTAINED ON THE Website FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. FocusConnect, including its affiliated companies AND/OR SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL SUCH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You expressly acknowledge and agree that except as may be expressly set forth to the contrary herein and/or the Website, the Content is provided on an “AS IS” basis without warranty of any kind and that your use of the Content is at your sole discretion and risk. You shall be solely responsible for any damage to your network, software, computer system or mobile device and any loss of data resulting from your use of the Website and/or the Content.
LIABILITY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FocusConnect BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE: (I) USE OR PERFORMANCE OF THE WEBSITE; (II) DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES; (III) PROVISION OF OR FAILURE TO PROVIDE CONTENT, THIRD PARTY MATERIAL, OR ANY OTHER INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FocusConnect, its affIliateS AND/OR SUPPLIERS, HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
INDEMNIFICATION
To the extent allowed by applicable law, each party shall defend, indemnify and hold harmless the other party and its employees, affiliates, contractors, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) arising from or related to these Terms of Use.
ACCESS RESTRICTION
FocusConnect reserves the right, in its sole and absolute discretion, to terminate your access to the Website, Content, Third Party Material and any related services or any portion thereof at any time, without notice.
PRIVACY
Personal data that you provide regarding yourself will be handled in accordance with FocusConnect’s Privacy Policy located at (www.focusconnect.com/privacy-policy). Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information. If we learn that a user under the age of thirteen (13) is publicly posting or sharing personally identifiable information on or through the Website, we will use commercially reasonable measures to block such user’s access to the Website.
AVAILABILITY
Information that we publish on the Website may contain references or cross-references to products, programs or services of FocusConnect, its suppliers or affiliates, that are not necessarily announced or available in your area. Such references do not mean that FocusConnect, or any of its suppliers or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact FocusConnect for information regarding the products, programs and services that may be available to you, if any.
IMPORT/EXPORT
FocusConnect makes no representation that content or materials on any or all of the Website is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access any of the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States). FocusConnect is not responsible for your violation of any law.
VENUE
By using or accessing the Website, you hereby consent and submit to the venue of the state or federal courts sitting in Denver, Colorado with regard to any action at law or equity arising from or related to these Terms of Use or your use of the Website. You may be subject to other governing law, courts and venues with regard to Third Party Material
JURISDICTION; VENUE
This Agreement is entered into in Colorado and shall be governed by and construed in accordance with the substantive law (and not the law of conflicts) of the State of Colorado. By using or accessing the Website, you hereby consent and submit to the venue of the state or federal courts sitting in Denver, Colorado with regard to any action at law or equity arising from or related to these Terms of Use or your use of the Website. You may be subject to other governing law, courts and venues with regard to Third Party Material.
GENERAL
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and FocusConnect, its suppliers or affiliates as a result of these Terms of Use or your use of (or inability to use) the Website.
The section headings contained herein are for reference purposes only and shall not in any way affect the meaning and interpretation of these Terms of Use.
The invalidity or un-enforceability of any particular provision, or part of any provision, of these Terms of Use shall not affect the other provisions or parts hereof, and these Terms of Use shall be construed in all respects as if such invalid or unenforceable provisions or parts were omitted.
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy and any other webpages or instruments specifically referred to herein or delivered pursuant hereto, constitutes the entire agreement between the user and FocusConnect with respect to the Website, and it supersedes all prior agreements and understandings, whether electronic, oral or written.
FocusConnect welcomes the submission of feedback through or about the Website. If you have questions or comments regarding the foregoing, or if you see anything in the Website that you think is inappropriate, we encourage you to contact us by e-mail (info@focusconnect.com). By submitting information through the Website, you agree that the information submitted will be subject to the FocusConnect Privacy Statement (www.focusconnect.com/privacy-policy).
Alternatively, you may direct your correspondence to:
FocusConnect 5155 Clarkson St. Denver, CO 80216 Attn: Customer Care – Website Issues
Copyright © 2020 Focus Connect LLC. All Rights Reserved.
