Terms and Conditions
Effective Date: May 14, 2015
AND CLASS ACTION WAIVER
You and FOCUSfactor agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, FOCUSfactor will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures 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, including the filing fee. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against FOCUSfactor and may not preside over any kind of representative or class proceeding against FOCUSfactor. 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 IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The content of this site and information provided to in response to a request made or question presented or survey completed by you (the "Information") is for informational purposes only. The Information is not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the use of any medication or treatment or starting any new medication or treatment, whether or not the subject was covered the Information provided to you. Any action you take on the basis of the Information provided is solely at your own risk and expense.
You will have the opportunity through our Site to e-mail us with any questions you may have for us regarding our products, or dietary supplements in general. The information provided on this Site is intended to provide users with a general understanding of certain wellness and health care topics and is not specifically applicable to any individual's medical problems, concerns and/ or needs. Do not send us any medical, therapeutic or treatment questions. The information on the Site do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.
THIS SITE IS INTENDED FOR ADULTS
You should be aware that this Site is not intended or designed to attract anyone under the age of 18. By downloading, accessing, or using this Site or in order to view our information and materials or submit information of any kind to this Site, you represent that you are at least eighteen (18) years of age or the age of majority in your state of residence. By using the Site, you represent to FOCUSfactor that you are authorized to enter into this Agreement, and you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
RESTRICTIONS ON USE OF MATERIALS
LIMITATION OF LIABILITY AND DISCLAIMER
The use of this Site and the Information is at your own risk. FOCUSfactor does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site. This Site and the Information given through this Site are provided without charge and are provided on an "As Is" and “As Available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, FOCUSfactor DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you. FOCUSfactor does not warrant that the Information contained on this Site will be uninterrupted or error free, or that defects will be corrected. FOCUSfactor makes no warranty as to the availability, accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, FOCUSfactor reserves the right to terminate immediately your access to and use of this Site. In addition, you agree that you will not make any transmission or submission to this Site that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, "Submissions") to chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) FOCUSfactor a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, post, disseminate edit, translate, distribute, perform, and display the Submission (including, without limitation, your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. FOCUSfactor may sublicense its rights through multiple tiers of sublicenses. FOCUSfactor is not and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.
If you participate in a chat area, message or discussion board, forum, or e-mail function from this Site or submit your success story or testimonial for publication on our Site ("Public Areas") you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. FOCUSfactor is not responsible for the consequences of any communications in the Public Areas.
Please keep in mind that whenever you give out personal information online for example, via message boards or chat areas on this Site that information can be collected and used by people you don't know. While FOCUSfactor strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Although FOCUSfactor may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, FOCUSfactor is under no obligation to do so and assumes no responsibility or liability arising from such materials nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such materials on this Site.
You agree that if you use any Public Areas, you must not:
- violate any local, state, national or international laws;
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them;
- post or distribute any material that infringes and/or violates any intellectual property right of others or the privacy or publicity rights of others;
- post or distribute any unlawful, vulgar, obscene, slanderous, hateful, discourteous, derogatory, or indecent language or images or material that is embarrassing to any other person or entity;
- advertise or sell to or solicit others;
- use the Public Areas for commercial purposes of any kind;
- post or distribute any software or other materials which contain a virus or other harmful component;
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
- impersonate another person or post or transmit information anonymously or under a false name;
- collect information about others, including email addresses, without their consent;
- post chain letters or pyramid schemes;
- allow any other person or entity to use your account or identification for any purpose whatsoever, including posting or viewing comments;
- after receiving a warning, continue to disrupt the normal flow of dialogue in any Public Area;
- post the same note more than once or "spamming";
- engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which in the judgment of FOCUSfactor exposes FOCUSfactor, or any of its customers, licensors, or suppliers to any liability or detriment of any type.
FOCUSfactor does not and cannot review all communications and materials posted or uploaded to this Site and is not responsible for the content of these communications or materials. However, we reserve the right (but not the obligation) to monitor these Public Areas and to refuse to post, remove or edit content from any of these areas at any time and for any reason. In addition, we reserve the right to take any action we think necessary to enforce compliance with your agreement or to protect the personal safety of our users or the public, including recording dialogue in public chat rooms and terminating a user’s access to the Public Areas or the Site. FOCUSfactor has no liability or responsibility to users of this Site or any other person or entity for performance or nonperformance of any such activities.
LINKS TO OTHER SITES
We suggest that you exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from FOCUSfactor pages that take you outside of our service. For example, if you "click" on a banner advertisement or a link, the "click" may take you off this Site to a third-party website. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We make no representations concerning the content of any such third party websites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites linked to this Site.
TERMINATION OF ACCOUNT
UNITED STATES WEBSITE
The Information, and any coupons, promotions and programs are only offered on the Site with respect to purchases made in the United States, and, unless otherwise specified, are offered only to residents of the United States of America, the US Virgin Islands, Puerto Rico, Guam, Mexico, and Canada.
SHIPPING AND REFUND POLICY
With Standard Delivery, most products will reach you within 5 to 7 business days.
The cost for shipping and handling is generally as follows:
- 1 bottle: FREE
- 2 or more bottles: $5.99
Please note that these are subject to change.
Our products come with a 30 day money-back guarantee beginning on the date of delivery. If, for any reason, you are not completely satisfied with your purchase, you must contact Customer Service using the "Contact Us" link at the bottom of this page. When submitting your request, please indicate your order number as well as the name and email address you used to place the order.
Our guarantee is as follows: We allow only one open bottle within the first 30 days to be returned for a refund of your purchase price, less shipping and handling. When returning your package, please insure it. FOCUSfactor is not responsible for lost or damaged packages. Refunds will be issued in the same method of payment as the original payment.
NOTICE AND TAKE-DOWN PROCEDURES;
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:
7850 Ruffner Ave
Van Nuys, CA 91406
You can contact us by clicking “Contact Us” on any FOCUSfactor page or by mail at the address below:
7850 Ruffner Ave
Van Nuys, CA 91406