The content on the Website is protected by copyright. Except as specifically authorized, no portion of the Site may be used, modified, copied, reproduced, displayed, published or distributed without our express prior written consent. The trademarks, service marks, logos, trade names, domain names, and URLs (collectively, the “Marks”) used in the Content and/or displayed on the Website are the property of FocusConnect, or third parties, and nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Marks without our express prior written consent. We actively monitor and aggressively enforce our intellectual property rights.
The Website also includes content owned or licensed by third parties, including, without limitation, the Software (as defined below), as well as links to websites owned by third parties (collectively, the “Third Party Material”).
FocusConnect hereby grants you a non-exclusive, non-assignable, non-transferable and non-sub-licensable license to use and display, for non-commercial and personal use only, one copy of the Content that you download from the Website, except as may otherwise be expressly provided herein and/or the Website (and not to include licenses to Software (as defined below)). You shall not otherwise use, modify, copy, reproduce, publish, display, transmit or distribute the Content without our prior written consent. Except as expressly set forth herein, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of FocusConnect or any third party. You agree that the copy of the Content shall retain all copyright, trademark and other proprietary notices in the same form and in the same manner as such notices appear on the Content or on the Website.
The software and accompanying documentation available to download from the Website (collectively, the “Software”) are the copyrighted and possibly patented work and property of third parties. Use of the Software is governed by the terms of the End-User License Agreement (“EULA”) which accompanies such Software. You will not be able to download, install or use any Software unless you agree to the terms of such EULA.
For certain features available through the Website, we may require the use of encryption technologies provided for your protection and/or your use of a personal identifier “User ID” and password after establishing a user account. We use commercially reasonable precautions to protect the privacy of your User ID, password, user account and credit card details by utilizing a Secure Sockets Layer (“SSL”) connection. Use of an SSL connection facilitates encryption of your User ID, password, user account and credit card details. However, you are ultimately responsible for protecting your User ID, password, user account and credit card details from disclosure to third parties, and you are not permitted to circumvent the use of encryption technologies. User accounts and User IDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her User ID and password. You agree to: (i) immediately notify FocusConnect of any unauthorized use of your User ID, password and/or user account and credit card details, and/or any other breach of security; and (ii) ensure that you exit from your user account at the end of each session. While FocusConnect takes commercially reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
In creating and using your user account on the Website, you agree to: (i) provide true, accurate, and current information about yourself (collectively, the “Registration Data”); and (ii) maintain and promptly update the Registration Data in order to keep it true, accurate and current. If you submit any information that is false, inaccurate, or incomplete, or if we have reasonable grounds to suspect that such information is incomplete, false, or otherwise inaccurate, then we have the right to suspend or terminate your account and refuse any and all current or future use thereof.
LINKS TO AND FROM THIRD PARTY SITES
The Website may contain links to other web sites (collectively, “Third Party Sites”). The Third Party Sites are not controlled or maintained by FocusConnect, and FocusConnect is not responsible for the contents of any Third Party Site. FocusConnect is not responsible for webcasting or any other form of transmission received from any Third Party Site. The inclusion of a link from the Website to a Third Party Site does not imply our endorsement of such Third Party Site nor any affiliation with its operators.
Similarly, a link to the Website from a Third Party Site should not be construed as a partnership, joint venture, or other affiliation with FocusConnect. In most cases, FocusConnect is not even aware that a Third Party Site has linked to the Website. A Third Party Site that links to the Website: (i) may link to, but not replicate, FocusConnect’s Content; (ii) may not create a browser, border environment or frame FocusConnect’s Content; (iii) may not imply that FocusConnect is endorsing it or its products or services; (iv) may not misrepresent its relationship with Focus Connect; (v) may not present false or misleading information about FocusConnect’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; CONTENT “AS IS”
FocusConnect PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBPAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION THEREWITH ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS. FocusConnect DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FocusConnect WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
FocusConnect AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS AND/OR ACCURACY OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER CONTENT CONTAINED ON THE Website FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. FocusConnect, including its affiliated companies AND/OR SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL SUCH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You expressly acknowledge and agree that except as may be expressly set forth to the contrary herein and/or the Website, the Content is provided on an “AS IS” basis without warranty of any kind and that your use of the Content is at your sole discretion and risk. You shall be solely responsible for any damage to your network, software, computer system or mobile device and any loss of data resulting from your use of the Website and/or the Content.
FocusConnect reserves the right, in its sole and absolute discretion, to terminate your access to the Website, Content, Third Party Material and any related services or any portion thereof at any time, without notice.
Information that we publish on the Website may contain references or cross-references to products, programs or services of FocusConnect, its suppliers or affiliates, that are not necessarily announced or available in your area. Such references do not mean that FocusConnect, or any of its suppliers or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact FocusConnect for information regarding the products, programs and services that may be available to you, if any.
FocusConnect makes no representation that content or materials on any or all of the Website is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access any of the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States). FocusConnect is not responsible for your violation of any law.
FocusConnect welcomes the submission of feedback through or about the Website. If you have questions or comments regarding the foregoing, or if you see anything in the Website that you think is inappropriate, we encourage you to contact us by e-mail (email@example.com). By submitting information through the Website, you agree that the information submitted will be subject to the FocusConnect Privacy Statement (www.focusconnect.com/privacy-policy).
Alternatively, you may direct your correspondence to:
FocusConnect 5155 Clarkson St. Denver, CO 80216 Attn: Customer Care – Website Issues
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