These Terms and Conditions of Use (the "Terms of Site Use") apply to this FocalPoint web site and all associated sites operated by FocalPoint (collectively referred to as, the "Site"). The Site is the property of FocalPoint, LLC ("FocalPoint").
FocalPoint reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Site Use, at any time. It is your responsibility to check these Terms of Site Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree any changes.
As long as you comply with these Terms of Site Use, FocalPoint grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
FocalPoint administers and operates the Site from its location in New Jersey USA; this and other FocalPoint sites may be administered and operated from various locations within and outside the United States at any time, based on the sole decision of FocalPoint.
Except as expressly provided in these Terms of Site Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without FocalPoint's express prior written consent.
You may use information on FocalPoint products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by FocalPoint for downloading from the Site, provided that you not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and not make any additional representations or warranties relating to such documents.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any FocalPoint server, or You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or FocalPoint's systems or networks, or any systems or networks connected to the Site or to FocalPoint.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Site Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of FocalPoint or others.
You may not use or export or re-export any Content offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
FocalPoint may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) unexpected technical issues or problems. You agree that FocalPoint will not be liable to you or to any third party for termination of your access to the Site.
FocalPoint may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint. FocalPoint reserves the right at all times to disclose any information that FocalPoint deems necessary to comply with any applicable law, regulation, and legal process or governmental request.
FocalPoint also may disclose your information when FocalPoint determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that FocalPoint may preserve any transmittal or communication by you with FocalPoint through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or FocalPoint determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Site Use, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of FocalPoint, its employees, users of or visitors to the Site, and the public.
You agree that FocalPoint may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Site Use or other agreements or guidelines which may be associated with your use of the Site.
If FocalPoint does take any legal action against you as a result of your violation of these Terms of Site Use, FocalPoint will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to FocalPoint. You agree that FocalPoint will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Site Use.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively referred to as content, "Content"), including but not limited to the design, structure, look and feel and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to FocalPoint and is protected by copyright, patent and trademark laws, and various other intellectual property rights.
Certain features or services offered on or through the Site may require you to open an account (including setting up a FocalPoint ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify FocalPoint immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by FocalPoint or any other user of or visitor to the Site due to someone else using your FocalPoint ID, password or account.
You may not use anyone else's FocalPoint ID, password or account at any time without the express permission and consent of the holder of that FocalPoint ID, password or account. FocalPoint cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Site Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
FocalPoint's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing in this document should be construed to alter such agreements.
FocalPoint may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and FocalPoint makes no commitment to update the materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under FocalPoint's control, and FocalPoint is not responsible for and may or may not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
FocalPoint reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.
If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
FOCALPOINT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FOCALPOINT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FOCALPOINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOCALPOINT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FOCALPOINT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FOCALPOINT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
FocalPoint reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New Jersey without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the state and federal courts in Middlesex County, New Jersey and waive any objection to such jurisdiction or venue.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
In the event of any controversy or dispute between FocalPoint and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy (not beyond damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees) available to them under applicable law.
If any of the provisions of these Terms of Site Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Site Use, so that these Terms of Site Use shall remain in full force and effect. These Terms of Site Use constitute the entire agreement between you and FocalPoint with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and FocalPoint with respect to use the site are hereby superseded and cancelled.
FocalPoint will not accept any counter-offers to these Terms of Site Use, and all such offers are hereby categorically rejected.
If you have questions or concerns about FocalPoint's Customer Terms of Site Use, please contact us via email at CustomerCare@FocalPointSystem.com or by mail:
FocalPoint, LLC, 991 Route 22 West, Suite 200, Bridgewater, NJ 08807