Welcome to www.focener.store (the “Site” or “We”). This Site is operated by Focener (“Focener” or “Company”).
By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). It is your responsibility to review these Terms periodically and Focener reserves the right to revise these Terms at any time without notifying you. If you do not agree to all the Terms set forth below, you should not use or access any portion of this Site. You also agree that at any time, additional terms and conditions may apply. If there is a conflict between these Terms and the Additional Terms, the Additional Terms take precedence. Subject to the terms and conditions of this agreement, Focener grants you a personal, limited, revocable, non-transferable, and non-exclusive license to access and use the Site.
YOU ACCEPT THAT BY ACCESSING OR USING ANY PART OF THE SITE, YOU ARE AT LEAST 18 YEARS OLD, OR YOU ARE VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
1-USE OF THE SITE
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. Unless permitted by Focener, you shall not reproduce, copy, distribute, sell, lease, modify, translate the contents of this site or any part of this site. You are responsible for your all your own communications. You should not upload, download, post, email or otherwise transmit any materials that violate or infringe on the copyrights, patents, trademarks, or other proprietary rights of any company or person.
Focener reserves the right to stop service, terminate accounts, or cancel any pending order if we believe a client has violated any applicable terms or laws.
You are solely responsible for protecting your own account and password and you are solely responsible for all use of this site by anyone utilizing your account and password. We advise you to notify Focener immediately of any unauthorized use of your account and password.
2-ACCOUNT AND MEMBERSHIP
In order to access certain services of Focener, you will need to register and become a member. You will be asked to provide certain personal information and you must agree that the information you provide will be truthful and accurate. All of the information that you provide is subject to Focener’s Privacy Policy. You are solely responsible to safeguard your own password and account name. We reserve the right to suspend or terminate your account/access at any time with or without notice.
You must be at least 18 years of age to use this Website. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
3-USER CONTENT
You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
4-BILLING AND PAYMENTS
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made.
5-RIGHT TO CANCEL AN ORDER
To protect our customers and the site from fraud or unauthorized or illegal activity, we may screen all received orders. We reserve the right to refuse to process an order if we believe it is involves fraudulent, unauthorized, or illegal activity with or without notice. We also reserve the right to refuse to ship products to certain addresses/PO Boxes if we believe that they are possibly fraudulent, unauthorized, or involved in illegal activity.
6-ACCURACY OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
7-CONTRIBUTED CONTENT GUIDELINES
Your feedback is always welcome. You can send your feedback to info@focener.store. By submitting or sending any content to our Site or to us you grant Focener a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent and agree that you will be solely responsible for any materials you submit or send to us. Focener is entitled to use any content submitted by you without you maintaining any rights of confidentiality, of attribution, or of compensation to you. There is no guarantee that we will post or respond to the materials you submit or attempt to post.
8-RISK OF LOSS
Any product purchased from our Site will be shipped and delivered by a third party carrier. As a result, Focener has no liability for any title and or for the risk of loss after our delivery to the carrier.
9-THIRD-PARTY SERVICES
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Focener with respect to such other services. Focener is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Focener to disclose your data as necessary to facilitate the use or enablement of such other service.
10-BACKUPS
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
11-ADVERTISEMENTS
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
12-LINKS TO OTHER WEBSITES
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Focener will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
13-PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14-COPYRIGHT COMPLAINTS
Focener respects the intellectual property of others. If you believe that any materials on this Site infringes your work, please contact us.
15-DISCLAIMER OF WARRANTY
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
16-LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will Focener, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Focener has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Focener and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Focener for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
17-INDEMNIFICATION
You agree to indemnify, hold harmless, and defend Focener and its respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, of content posted to the Site by you, or from your violation of any law or the rights of a third party.
18-SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
19-WAIVER AND REMEDIES
The failure of Focener to partially or fully exercise any rights or the waiver of Focener of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Focener or be deemed as a waiver by Focener of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Focener under these Terms and any other applicable agreement between you and Focener shall be cumulative, and the exercise of any such right or remedy shall not limit Focener’s right to exercise any other right or remedy.
20-DISPUTES
If there is any dispute between you and Focener, it is agreed that either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration administered by the National Arbitration Forum, the American Arbitration Association, or JAMS under their rules for consumer arbitrations. You and Focener agree that each may only bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Additionally, without the agreement from both you and Focener, the arbitrator may not consolidate more than one person’s claims with your claims, and may not preside over any form of a representative or class proceeding. You acknowledge and agree that you may not have access to a court or jury.
21-ASSIGNMENT
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
22-CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
23-ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
24-CONTACTING US
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@focener.store
This document was last updated on April 16, 2021
