Terms & Conditions
Effective Date: 5th April 17
BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE. Your use of the Site, purchase or use of any FOCUSFACTOR products constitutes your agreement to these Terms. PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.
Table of Contents
By using this Site, you represent and warrant to us that: (1) you are at least the legal age of majority; (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 FOCUSFACTOR or any third party; (4) any information or data provided to FOCUSFACTOR by you will not violate any law or regulation or infringe the rights of FOCUSFACTOR 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 and the Services, 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 Services, the Site or any web sites linked to the Site; (iii) interfere with or damage the Site or Services, 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 or the Services; (viii) use any meta tags or any other "hidden text" utilizing the Trim and Cleanse 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 Services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
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 the FOCUSFACTOR 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 FOCUSFACTOR. 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.
You expressly absolve and release FOCUSFACTOR from any claim resulting from a cause beyond FOCUSFACTOR’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 full 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, services, 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 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.
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 FOCUSFACTOR or its licensors. Any rights granted hereby are expressly licensed. FOCUSFACTOR 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 is Copyright ©2016 FOCUSfactor 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 FOCUSFACTOR or its owner if FOCUSFACTOR is not the owner. FOCUSFACTOR and all other names, logos, and icons identifying FOCUSFACTOR and its products and services are proprietary trademarks of FOCUSFACTOR (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of FOCUSFACTOR 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.
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 FOCUSFACTOR 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 FOCUSFACTOR 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:
Att: The Manager
3175 #2 Highway, Fall River,
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 on the Site (“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. In such case, we will notify you as soon as reasonably practicable and refund to you any payment in full. 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.
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 applicable shipping fees. 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.
If you purchase a FOCUSfactor subscription, you will be enrolled in our subscription program. This means that unless you cancel, in about four weeks from the date of your purchase, and every 4 weeks thereafter, you will receive a new bottle of FOCUSfactor, and the payment card you provide at the time of purchase will automatically be charged at the time of each shipment. 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.
To the extent permitted at law we offer no refunds unless a Product is faulty. If you receive a faulty Product you must advise us via email 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. Prices advertised are subject to change, and we reserve the right, in our sole discretion, to increase prices or to offer sales and other promotions for certain products and for a limited duration. We do not accept returns or provide refunds for dissatisfaction with the product unless the product is faulty. Returns should be sent to: FOCUSfactor, 7850 Ruffner Avenue, Van Nuys, CA 91406 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. For consumers the Products come with non-excludable statutory warranties and guarantees under consumer protection legislation, such as we are the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If we breach any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss. You may also have express rights of action against us under consumer protection legislation if we supplied defective Products to you that cause you injury, loss or damage.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws thereof.
All disputes arising out of or relating to any purchase you make with via this Site, any information you provide via the Site, these Terms (including the formation, performance or alleged breach), and your use of the Site will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, FOCUSFACTOR will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified FOCUSFACTOR in writing and provided a copy of the arbitration proceedings. However, if FOCUSFACTOR is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to FOCUSFACTOR. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the state of New York, but may proceed telephonically if the claimant so chooses.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms may be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located to enforce these Terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS SITE, ANY INFORMATION YOU PROVIDE VIA THE SITE, THESE TERMS (INCLUDING THEIR FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE SITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST FOCUSFACTOR IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
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, FOCUSFACTOR shall have the right to immediately terminate your access to the Site in the event of any conduct by you which FOCUSFACTOR, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
Results from consuming FOCUSfactor may vary from person to person. In the rare case that you do experience any side effects, please stop use immediately and consult your doctor. It's recommended you consult your doctor if you have any specific medical conditions, heart issues or are taking medication before use. Product not intended for ongoing use. This statement has not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.
These Terms constitute the whole agreement between you and FOCUSfactor relating to its subject matter and supersedes all prior discussions and agreements between you and FOCUSfactor relating to the subject matter of these Terms. The failure of FOCUSFACTOR 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 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.