THE TERMS STATED BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF FOCUS BRANDS INC., ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "FOCUS BRANDS") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS STATED BELOW. FOCUS BRANDS RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME, AND WE WILL NOTIFY YOU OF THESE REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR CONSENT TO THESE CHANGES.
General Use Restrictions
All information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by FOCUS Brands.
FOCUS Brands grants you the limited right to display the Materials only on your personal computer and to copy and download the Materials displayed on this Site, provided that: (1) both the FOCUS Brands copyright notice (stated below) and this permission notice appear in the Materials so displayed, copied or downloaded; (2) the display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. On termination of this limited license, you agree to immediately destroy any electronic or printed Materials.
Except as stated in these Terms, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of FOCUS Brands.
FOCUS BRANDS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials on this Site on any other server or Internet-based device without the advance written authorization of FOCUS Brands or its licensors, respectively.
Links to Third-Party Sites
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of FOCUS Brands or others used on this Site are the property of FOCUS Brands or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of FOCUS Brands or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise any right to use these trademarks. All of the Materials appearing on this Site, including but not limited to text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of FOCUS Brands, Copyright © 2013, unless otherwise stated. All rights not expressly granted in these Terms are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You agree to defend, indemnify and hold harmless FOCUS Brands and its affiliates, representatives, partners, agents and employees from and against all liabilities, claims, costs and expenses, including attorneys' fees that arise out of or in connection with your use of the Site or breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions and outdated information that may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by FOCUS Brands and agree that FOCUS Brands does not warrant the accuracy or timeliness of the Materials and further agree that FOCUS Brands has no liability for any errors or omissions in the Materials, whether provided by FOCUS or its licensors.
FOCUS BRANDS, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD-PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE DISCLAIMED.
Limitation of Liability
NEITHER FOCUS BRANDS NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS OR CONTENT PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF FOCUS BRANDS WAS INFORMED OF THE POSSIBILITY OF THESE DAMAGES.
FOCUS Brands controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by Georgia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You will bring all disputes, actions, claims or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Fulton County, Georgia. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then this provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of FOCUS Brands to enforce any right or provision in these Terms will not constitute a waiver of this right or provision unless acknowledged and agreed to by FOCUS Brands in writing. These Terms comprise the entire agreement between you and FOCUS Brands and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained in these Terms.
What We Collect and How We Use It.
Generally, you may visit this Site without providing FOCUS Brands with any personally identifiable information. We collect personally identifiable information about you only if you voluntarily provide it to us and you have the option not to provide any personally identifiable information to us. You may voluntarily provide to us personally identifiable information such as your name, address, email, phone number and other contact information when you contact FOCUS Brands, submit a request to FOCUS Brands, fill out feedback or survey forms, enter contests or sweepstakes, or subscribe to mailings or notices concerning FOCUS Brands or our products. If you submit a request for a franchise, we will also collect certain financial information and business background information from you, but we will only use your personally identifiable information to process your request. If you apply for a job with us online, we will collect your personally identifiable information that you submit to us in connection with your job application, but we will only use that information to process your request. We may also collect other personally identifiable information that you choose to include in any communications that you send to us. We may use your personally identifiable information to respond to your requests for information; to administer surveys, contests and sweepstakes; to provide you with information and/or mailings or notices that you have requested; to provide you with notices regarding products that may be of interest to you; and to improve the content and general administration of the Site. If you request that FOCUS Brands send certain information or a greeting to a friend, we may ask you to submit your friend's email address and we will only use this email address to send the requested information or greeting.
We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit us to personally identify you.
The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, IP addresses, computer and browser type, version and domain, dates and times of use of each page of our Site, and any third-party Web site from which you transferred to link to this Site, and we may analyze these data for trends and statistics in the aggregate, but this information will be in aggregate form only and it will not contain personally identifiable information. This aggregate information is not linked to any personal information that can identify any individual person. We may use this aggregate information to analyze trends, administer the Site, track users' movement and gather broad demographic information for aggregate use and to improve our Site.
We may employ procedural and technological measures, consistent with industry practice that are reasonably designed to protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction.
Correction/Updating Personally Identifiable Information.
FOCUS Brands provides you with the ability to correct or delete any of the personally identifiable information that you have provided to us. If you wish to correct or delete any information you have provided to us, you may contact us by email at: firstname.lastname@example.org or by mail at: 200 Glenridge Point Parkway, Suite 200, Atlanta, Georgia 30342.
If you have questions or comments regarding FOCUS Brands' privacy practices, you can contact us at: email@example.com. We will be sure to address your concerns.