If you do not agree to these Terms, you are directed to discontinue using and accessing the Site. Focus 28, Inc. reserves the right to change these Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as changed. It is your responsibility to review these Terms regularly. These Terms were last updated on April 1, 2007.
The Site (including its operating source code) is owned by Focus 28, Inc. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer applications and codes ("Content") is owned or licensed by Focus 28, Inc.
Your access to (and use of) the Site, all Content, and all products and services of Focus 28, Inc. (regardless of media) is subject to the terms, conditions, and disclaimers set forth below, and to all applicable laws and regulations.
Your access and use of the Site is at your risk. If you are dissatisfied with any of the Content contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
Pursuant to the copyright and trademark laws of the United States, you agree:
Not to reproduce, distribute, modify, re-post on other websites or computer networks, or sell any Content without the express written consent of Focus 28, Inc.
To maintain any and all copyright or other proprietary notices embedded in (or attached to) any Content.
Not to frame or mirror any portion of the Site on any other website or computer network.
Not to engage in data extraction or data-mining.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information to Focus 28, Inc.'s designated agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The designated agent of Focus 28, Inc. for notice of claims of copyright infringement on the Site is its President, who can be reached as follows:
Focus 28, Inc.
520 White Plains Road
Tarrytown, NY 10591
By Fax: 914-366-7359
By e-mail: firstname.lastname@example.org
The Site (and all Content posted on the Site) are provided to you "as is" and without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
FOCUS 28, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that Focus 28, Inc.'s maximum liability arising from any use of the Site under any circumstances will be limited to U.S. $100.00. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.)
IN NO EVENT WILL FOCUS 28, INC. OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGE OR LOST PROFITS RELATED TO ANY CONTENT, OR ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE.
The Site may provide links to other web pages, websites, and various resources or locations on the Internet. Focus 28, Inc. has no control over the information you access via such links, does not endorse that information, and is not to be responsible for it or for the consequences of your use of that information, or for any content, advertising, products, or other materials on or available from such websites and resources. You further acknowledge and agree that Focus 28, Inc. will not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of (or reliance on) any such linked content, goods, or services available on (or through) any such linked website and resource.
All users will use the Site for lawful purposes only. You agree not to transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to transmit through the Site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by Focus 28, Inc. to do so.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, FOCUS 28, INC. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Focus 28, Inc. and its shareholders, officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including attorneys' fees) resulting from any violation of these Terms. Focus 28, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with Focus 28, Inc. in asserting any available defenses.
Any and all disputes (with the exception of copyright claims) arising out of, under, or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the federal or state courts located in New York County, New York. This agreement, its validity and effect, will be interpreted under and governed by the laws of New York, without regard to its conflict of laws provisions. Copyright claims will be brought in a federal court located in (or having jurisdiction over) New York County, New York. You expressly consent to the jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Focus 28, Inc. for its legal fees and expenses of instituting (or defending) a lawsuit against (or by) you.
These Terms (and any other operating rules or terms posted on the Site) constitute the entire agreement between Focus 28, Inc. and you, and supersede all previous written or oral agreements between us. No action (or inaction) by Focus 28, Inc. may be construed as a waiver of these Terms (or any part). If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.
You and Focus 28, Inc. have agreed to these Terms within the State of New York, for all purposes. All goods and services that are furnished to you on (or through) the Site are deemed to be furnished within the State of New York. All such goods and services are being furnished by Focus 28, Inc. through its personnel and computer equipment located within the State of New York.
The Site does not furnish nutritional counseling, medical, psychiatric, psychological, or related professional advice. The Site is only informational in nature. The site is not a substitute for comprehensive and individualized advice from a licensed health care professional.
Access to many pages on the Site is limited to registered users, who are issued user names and passwords. Use of any password-protected area of the Site is restricted to the registered user who has been given permission and a password to enter such area. This password may not be distributed to others. You are responsible for maintaining the confidentiality of your password. You will be responsible for all damages arising from all uses of your registration, whether or not authorized by you. You agree to notify Focus 28, Inc. immediately of any unauthorized use of your registration or password.
Your access to the Site is licensed to you, not sold. This license immediately terminates upon your breach of these Terms. In addition, Focus 28, Inc. may terminate this license immediately at any time, at will and for the convenience of Focus 28, Inc. If you do not abide by the disclaimers, limitations, exclusions, or conditions as provided in these Terms, you are not authorized to use the Site.
Focus 28, Inc. and the Site, and all Content contained on the Site, are protected by United States trademark and copyright law and other applicable laws, and are the property of Focus 28, Inc. (except as expressly identified on the Site). All copyrights and trademarks which are not the property of Focus 28, Inc. that are used (or referred to) in the Site are the property of their owners. Nothing contained in the Site will be construed as granting any license or other rights to any copyright, trademark, patent, or other property of Focus 28, Inc. or any third party, whether by implication, laches, estoppel, or explicit grant. The Content is proprietary. Any unauthorized use of Content or other materials on the Site may violate the law, and will be a violation of these Terms.
You are solely responsible for any and all acts and omissions that occur during (or relating to) your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal (as determined by Focus 28, Inc. in its sole discretion). Specifically, you agree not to:
Post or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious code or program.
Express or imply that any statements you make are endorsed by Focus 28, Inc..
Restrict or inhibit any other user from using or accessing the Site, including "hacking" or defacing any portion of the Site.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site.
Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
Engage in any other activity deemed by Focus 28, Inc. (in its sole discretion) to be in conflict with the spirit or intent of these Terms.
You understand that by accessing and using the Site, you may be exposed to Content that may offend you or challenge your beliefs. Your sole and exclusive remedy is to avoid such Content by discontinuing your access and use.
Focus 28, Inc. is not responsible for any errors or omissions in postings on the Site, or for any results obtained from the use of such information. Under no circumstances will Focus 28, Inc. be liable for any loss or damage caused by your reliance on information obtained through the Site.
Products sold on the Site have been manufactured by other companies. Focus 28, Inc. is not responsible for the quality or integrity of such products. The manufacturers of the products are exclusively responsible for their products.
When you use this Site, Focus 28, Inc. automatically tracks certain information about you. This information includes your domain name and IP address, your browser version, your operating system, the URL you came from, the pages you visit within the Site, and the URL to which you go upon leaving the Site. Focus 28, Inc. uses this information, in an aggregate form only, to monitor the Site's performance, utilization of features and services, traffic trends, and browser version.
By using the Site, you consent to the collection and use of your information by Focus 28, Inc. as described in these Terms.
Focus 28, Inc. will not sell, rent, or exchange your personal information. You may at any time prevent Focus 28, Inc.'s use of your e-mail address by "opting out" of specific mailing lists and services. To "opt out", send an e-mail to Focus 28, Inc. at email@example.com.
The Site has security measures in place to protect the loss, misuse, and alteration of the information under Focus 28, Inc.'s control, and to keep the information confidential. All information is stored on a secure computer server that is not accessible through the Internet.
Focus 28, Inc. strives to protect the personal information, confidentiality, and privacy of each user. However, Focus 28, Inc. cannot (and does not) guarantee the security of any information you disclose online, and you do so at your own risk. You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of World Wide Web Site on the Internet; (2) the limitation of security, privacy, and authentication measures and features in this Site; and (3) the risk that data or information on the Site may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, "impostering", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination (including viruses, worms, and Trojan horses) causing unauthorized, damaging, or harmful access and/or retrieval of information and data on your computer, may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient.
Focus 28, Inc. is committed to the safety of children and to protecting the online privacy of children. Children under 18 may not purchase products on this Site. If a child under 18 nonetheless elects to purchase products on the Site, he (or she) should always ask a parent for permission before sending any personal or credit card information to the Site, or sending personal information to anyone online. Focus 28, Inc. will not request or knowingly collect from a child any personal information about the child or child's family. Focus 28, Inc. is not able to prohibit minors from visiting this Site. Focus 28, Inc. relies on parents, guardians, and those responsible for supervising children under the age of 18 to decide whether this Site is appropriate for children to view.
Focus 28, Inc. fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. Focus 28, Inc. reserves the right to release information about users who Focus 28, Inc. believes are in violation of these Terms. Focus 28, Inc. also reserves the right to report to law enforcement agencies any activities that Focus 28, Inc. believes to be unlawful and the identity of those who intend to harm themselves or others.
Copyright © Focus 28, Inc. All materials contained in (and on) the Site (including but not limited to the Content), and the Site itself, are copyrighted materials belonging exclusively to Focus 28, Inc., and are protected by federal copyright law and international treaties. Focus 28, Inc. enforces its copyright interests to the fullest extent permitted under the law. All rights are reserved.
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