Focus Privacy Statement

Site / Software Liability Statement

LAST UPDATE: April, 8th 2014 It is important to us that you have a safe and secure experience while visiting our web site or use of our many different Solutions (“Site”). This page contains our privacy policy and Site Terms, Conditions, Notices and Disclaimers. This Privacy Policy explains the privacy practices for this Site. We recognize that we must maintain and use your information responsibly, and this privacy policy explains our practices. This privacy policy may be updated or modified at any time or from time to time without advance notice. Privacy policy updates will be reflected with a revision date which is displayed near the top of the policy. Therefore, we encourage you to check the date of our privacy statement whenever you visit the Site to see if it has been updated since your last visit. By accessing the Site, you consent to the collection and use of information as described herein.

INFORMATION COLLECTED

Personal Information You can travel through most all of our website without giving us registration information about yourself. But sometimes we do ask for information to provide content or services that you request. When you register for certain content and/or services on the Site, we may ask you to provide personal information. For some content and/or services we collect personal information, such as your first name, last name, e-mail address, title, address or telephone number. We may also collect related or demographic information, such as your postal code, interest in certain products or services, and/or preferences. Information we collect may be combined with information we obtained through other services we offer.

Feedback and Responses
Any comments or materials sent to our Site including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential. Focus CSS shall have no obligation of any kind with respect to such response, and shall be free to use reproduce, distribute and publicly display such response without limitation. Focus CSS shall also be free to use any ideas, concepts, know-how or techniques contained in such response for any purpose whatsoever.

Third Party In order to provide you with certain content download as a free service, we may share information included on registration forms with relevant business partners.

Aggregated Information Aggregate information is data we collect about a group or category of products, services or visitors, from which individual user identities have been removed. We collect aggregate information about you and your use of our services and combine it with information about how others use the same service. Such aggregate information includes, without limitation, site traffic, page views, and impressions. This information may be correlated to you for our internal use. We may collect, compile, store, publish, promote, sell, or otherwise disclose or use any and all aggregate information (i.e., information that does not personally identify you).

OUR USE OF PERSONAL INFORMATION

We use personal information to serve our visitors, enhance our services and/or extend our relationship with visitors. We use personal information for the purposes for which it was collected, such as to provide you with the content or services, to anticipate and resolve problems with our Site, to respond to support inquiries, to send periodic e-mail or newsletters, to send you relevant survey invitations, to contact contest winners, and/or for sales and marketing purposes. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. You may unsubscribe or opt-out at any time. We also maintain an opt-in phone list for the purposes cited prior. By agreeing to the terms and conditions of this privacy policy, and providing us with a phone number, Site users are adding themselves to our opt-in phone list and authorizing us to contact them for any of the prior listed purposes, regardless of their phone number’s status on the National Do-Not-Call List, or any do-not-call-list or registry maintained by any of the States or local governments within the United States. Visitors who do not wish to be contacted by phone may opt-out by writing “do not share” in an email sent to Info[at]focuscss.com, along with their phone and contact information. If you no longer wish to receive Newsletter or other mailings, you can also unsubscribe by sending an email to info[at]focuscss.com with “unsubscribe” in the subject line. In the event that our company is merged with or acquired by a third party, we retain the right to transfer all personal (consumer) information databases to successors or purchasers of the site and its assets.

DISCLOSURE OF PERSONAL INFORMATION

We will disclose personal information in the following circumstances: Internal Analysis and Operations: We will use and disclose information about you for our own internal statistical, design or operational purposes, such as to estimate our audience size, measure aggregate traffic patterns, and understand demographic, user interest, purchasing and other trends among our users. We may outsource these tasks and disclose personal information about you to third parties, provided the use and disclosure of your personal information by these third parties is restricted to performance of such tasks. We may also share personal information with third-party vendors who assist us in performing internal functions necessary to operate our business. We require our third party vendors to only use the information for the purpose it was provided.

Transaction Processing: We will disclose personal information to one or more third parties, as necessary, to provide you with content or services.

Lawful Compliance: We disclose personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this privacy statement or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our users’ rights, property or safety; or to protect our users from fraudulent, abusive, or unlawful use of, our Site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

Business Transfers: In addition, information about users of our Site, including personally identifiable information provided to us by our users, may be disclosed as part of any merger, acquisition or sale of company assets.

Co-Branded Services: Some services may be co-branded and offered in conjunction with another company. If you register for or use such services, both our company and the other company may receive information collected in conjunction with the co-branded services.

LINKS

Please be aware that we may provide links to third party Web sites from our Sites as a service to our users and we are not responsible for the content or information collection practices of those sites. We do not control the privacy and data collection practices of external sites and the privacy policies of such sites will differ from that of this Site. Therefore, we encourage you to review and understand the privacy policies of all such sites before providing them any information.

COOKIES

We may use cookies to identify users and customize their online experience on our Site based on information they give us. Cookies are small pieces of information or files that are stored on a user’s computer by the Web server through a user’s browser for record keeping purposes. A cookie itself is not designed or intended to read any information from your computer (other than the contents of the cookie); rather, it is an identifier used by the Web site that originally placed it on your hard drive. The actual contents of the cookie information can be retrieved by the same site’s Web server in order to personalize, monitor, or regulate the use of the site.

SECURITY

We use reasonable security measures to store and maintain personally identifying information to protect it from loss, misuse, alternation or destruction by any unauthorized party while it is under our control.

PRIVACY OF CHILDREN

We understand that young people need special safeguards and privacy protection. We realize they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to adult users. We urge all parents to participate in their children’s exploration of the Internet and any online services, and to teach their children about protecting their personal information while online. This Site will not knowingly collect personally identifiable information from children under 13. If you are under 13 years old, you should not register for our services or otherwise provide information on our Site.

Web Site Terms, Conditions, Notices and Disclaimers
YOUR USE OF THIS WEB SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, CONDITIONS, NOTICES AND DISCLAIMERS HEREIN, PROMPTLY EXIT THIS SITE.

This Agreement is VERY IMPORTANT so please read it carefully and in its entirety. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

THE TERMS, CONDITIONS, NOTICES AND DISCLAIMERS SET FORTH HEREIN (THE “TERMS”) GOVERN YOUR USE OF THIS INTERNET WEBSITE (“SITE” or “Site”), OR ANY OF THE PRODUCTS OR SERVICES AVAILABLE ON THE SITE. THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW, INCLUDING ANY MODIFICATIONS THAT WE MAY MAKE AT ANY TIME AND FROM TIME TO TIME WITHOUT ADVANCE NOTICE TO YOU BY POSTING REVISED TERMS HEREIN.

SITE CONTENT

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, share, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the SITE in whole or in part without the advance written consent of the SITE owner. All materials published on the SITE and materials downloaded from the SITE, including, but not limited to, written content, downloaded documents, photographs, graphics, images, illustrations, marks and logos, are the proprietary property of the SITE owner, its users or its licensors with all rights reserved.

Nothing contained on the SITE should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents or content displayed on this web site, through the use of framing or otherwise, except with the advance written permission of SITE owner.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold SITE and all of SITE officers, directors, owners, employees, agents, affiliates, partners, and licensors (collectively, the “SITE Party” or “Site Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any SITE Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement. SITE reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SITE Parties, and you agree to cooperate with our defense of these claims.

Accounting
Focus CSS reserves the right to charge a renewing customers credit card or checking card up to 10 days in advance of their renewal date (Anniversary date) for any of their Solutions.

If a customer’s credit card is declined Focus CSS will notify the customer by email. It is the customer’s responsibility to notify Focus CSS accounting department if there are any changes in phone numbers and/or addresses, changes in credit card numbers, and/or changes in expiration dates. Focus CSS will give the declined account up to 5 business days to respond. If there is no response within 5 business days of notification, the customer’s access to the internet will be blocked. Focus CSS will continue to submit the declined credit card for 10 days after the original declined date. If the card isn’t accepted within 10 days of the initial declined date, the account will be blocked from the user’s access. The total amount owed must be paid before the account can be unblocked. Focus CSS reserves the right to block any unpaid account on these grounds. Focus CSS will not be held liable to pay or credit any unused time as a result of this blocking.

If a customer who pays by check doesn’t pay their invoice on time, the account will be blocked from the user’s access. The same blocking rules apply as stated above for credit card customers.

If a customer pays by check, Focus CSS must receive an initial check before sending out invoices. All invoices will be sent out 10 days prior to the customer’s anniversary date. It is the customer’s responsibility to pay by the due date stated on the invoice (No “Leeway Time” is given if the check is late). If a check bounces, Focus CSS reserves the right to charge that account any fees incurred as a result.

Customers, who choose a quarterly, semi-annual or yearly package, will be charged again when the time limit is expired.

Focus CSS will not issue “Partial Credits”, pro-rations or full monetary refunds for lack of use of our product, or for canceling before the accounts anniversary date. Cancellations must be made in writing and must include a username and reason as well as the account holder’s signature. The cancellation letter may be mailed to Focus CSS 110 Haverhill Rd. Amesbury, MA 01913. Cancellations will always take effect on the account’s anniversary date. It is the customer’s responsibility to contact Focus CSS accounting department as soon as they wish to cancel. Any costs accrued as a result of the customers neglecting to contact Focus CSS accounting department will not be refunded.

Any requests for credits from a customer paying by credit card may take up to 60 days to process. Invoicing customers requesting credit may take up to 14 business days to process.

Service credits cannot be exchanged for cash value.

Focus CSS cannot credit any card for used service in exchange for charging a different credit card in the same billing period

Focus CSS customers are responsible for all phone charges made through the Focus systems.

Focus CSS can Not guarantee that all viruses will be detected or cleaned from your email. You are responsible for any damages caused by your decision to download email or attachments.

Focus CSS reserves the right to delete all email held on our servers past 90 days.

Focus CSS cannot be held responsible for any email deleted in this fashion.

DISCLAIMERS; Please read this carefully.

SITE content is provided with RESTRICTED RIGHTS. This Site does not represent a substitute for professional advice. Content throughout this SITE may include the opinion of the authors. SITE content is not intended to replace or substitute for, the information or advice to be provided by experienced, certified or licensed professionals. SITE visitors or readers assume all responsibilities and obligations with respect to any decisions made or opinions given as a result of the use or reference of any content from this SITE. No legal representation or advice is provided in any way whatsoever. This SITE disclaims any responsibility for any harm resulting from reading, referencing, downloading or accessing any information or material on this Internet SITE.

SITE DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU VIEW, REFERENCE, DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER SITE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

GOVERNING LAW AND VENUE

Any and all challenges and/or legal claims shall be governed solely in the county of Essex, state of Massachusetts, country of the United States of America (USA).

SITE may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the SITE or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, SITE cannot be held liable if we fail to personally notify you.

Our failure to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these TERMS must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.

These TERMS, including all terms, conditions, and policies that are incorporated into these TERMS by reference, constitute the entire agreement between you and the SITE and govern your use of the SITE, superseding any prior agreements that you may have with the SITE owner and/or authors.

If any part of these TERMS is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TERMS shall continue in effect.

Section titles in this Web Site TERMS are for convenience only and have no legal or contractual effect.

QUESTIONS AND CONCERNS

If you have any questions about this privacy statement, the practices of our Site, or your dealings with our Site, please contact us at email address of info[at]focuscss.com or by mail at:
Focus CSS
110 Haverhill Rd.
Amesbury, MA 01913