Website Terms of Use

Last Modified: November 17, 2014

The following Terms of Use (“terms”) govern your use of the in focUS apparel, LLC(“in focUS apparel” or “Company”) website, infocusapparel.com, (referred as, the “Website”), and the information that is accessible on or from the Website. Please read these terms carefully before entering the Website, and refer to them as necessary as you navigate the Website. By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood, and agree to these terms and agree to comply with applicable laws and regulations. If you do not agree with these terms, please do not use the Website.

 


CHANGES TO THE TERMS

in focUS apparel may revise and update the terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Users are responsible for reviewing the Terms and Conditions periodically to ensure compliance. Your continued use of the Website following the posting of revised terms means that you accept and agree to the changes.

 


INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by in focUS apparel, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. in focUS apparel grants you permission to view, copy, download, and print in focUS apparel information that is available on the Website, subject to the following conditions:

The copied materials may be used solely for personal, informational, and noncommercial use in support of in focUS apparel products.
The copied materials may not be modified or revised in any manner.
The copied materials must display all copyright, trademark, and other proprietary notices, in the same form and manner as on the original.
The copied materials must include a statement that the materials are used solely with permission of in focUS apparel.

The in focUS apparel name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of in focUS apparel or its affiliates or licensors. You must not use such marks without the prior written permission of in focUS apparel. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

 


LINKING TO in focUS apparel, LLC

Framing is generally defined as displaying the content(s) of someone else’s website within a frame on your website. While we welcome links to our home page, framing constitutes a violation of our intellectual property rights, and/or the intellectual property rights of those who have licensed their materials to us. As such, framing is strictly prohibited. Violation may result in legal action based on copyright infringement or trademark/Lanham Act violations.

 


DEEP LINKING TO THE WEBSITE

Deep linking is generally defined as the process of bypassing a website’s home page, and linking to pages or content deep within the site. Deep linking may obscure the fact that the user has left the primary site and entered a secondary site. This may result in the user receiving information without knowing the actual source. in focUS apparel allows deep linking, but only with our prior expressed written permission.

Violation of any of the above may result in legal action based on copyright infringement or trademark/Lanham Act violations.

All other rights reserved. Permission to use copyrighted in focUS apparel materials terminates automatically upon breach of any of these conditions. Other products and company names mentioned in this site may be the trademarks of their respective owners.

 


RULES FOR ONLINE ADVERTISING

Linked pages or referring websites for any advertisement mentioning in focUS apparel or its brands or trademarks must contain a reciprocal link to the in focUS apparel Website. in focUS apparel strictly prohibits the use of its trademarks, names and brands in the same advertising space as other competitors’ brands within its industry. Any ad mentioning in focUS apparel, its brands or trademarks, may not link to pages that prominently present other competitors’ brands within in focUS apparel’s industry. in focUS apparel strictly prohibits bidding on search terms that contain in focUS apparel’s branded terms (i.e., “in focUS apparel,” “in focUS apparel Wear,“ etc.) for the purposes of “Pay-per-Click,” “Pay-per-Use,” search engine marketing, etc. If you wish to link to in focUS apparel site or to use search terms that contain in focUS apparel’s trademarks, click here to apply for permission.

Violation of any of the above may result in legal action based on copyright infringement or trademark/Lanham Act violations.

All other rights reserved. Permission to use copyrighted in focUS apparel materials terminates automatically upon breach of any of these conditions. Other products and company names mentioned in this site may be the trademarks of their respective owners.

 


DISCLAIMERS OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a Distributed Denial-of-service Attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content and any services or items obtained through the website is at your own risk. the website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

in focUS apparel hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

the foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 


LIMITATION OF LIABILITY

under no circumstances, including, but not limited to, negligence, shall in focUS apparel be liable for any damages whatsoever, including, but not limited to, direct, indirect, special, consequential or incidental damages, including, but not limited to, a loss of data, profits or revenue, arising out of the use of or reliance on, or inability to use, the materials on this website. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

in focUS apparel may change the programs or products mentioned on the website at any time without notice. mention of non-in focUS apparel products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. because international information is provided at this website, not all products or programs mentioned will be available in every country. please contact your local sales representative for information as to products and services available in your country.

in focUS apparel makes no representation whatsoever regarding the content of any other website that you may access from the in focUS apparel website. Links to other websites are provided for the convenience of visitors and do not imply that in focUS apparel endorses or accepts any responsibility for the content or use of such website.

the foregoing limitations of liability do not affect any liability which cannot be excluded or limited under applicable law.

 


FORWARD LOOKING STATEMENTS

The Website may contain “forward-looking statements” as defined in the Private Securities Litigation Reform act of 1995, which involve risks and uncertainties, including, but not limited to, changing economic and political conditions; changes in governmental spending and budgetary policies, laws, regulations, and trading restrictions; customer product acceptance; and competitive factors. All forecasts and projections on the in focUS apparel website are “forward-looking statements” that are based on current information available to management. Actual results could differ materially, both due to the mentioned risk factors and to other factors not so referenced.

 


APPLICABLE LAWS

The Website originates from and is maintained in the State of Florida, in the United States of America. in focUS apparel makes no representation that materials at this site are appropriate for use outside the United States and access to this site from territories where such access is illegal is strictly prohibited.

By accessing the Website, both you and in focUS apparel agree that the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of this Website. You and in focUS apparel further agree and hereby submit to the exclusive personal jurisdiction and venue in Tallahassee, Florida, with respect to legal matters related to the Website.

Any export or use of Website content must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use. Users who access the Website from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.

 


USER SUBMISSIONS

Any information, material or idea you transmit to or post on this Website will be treated as nonconfidential and nonproprietary. By providing any user submission on or via the Website, the user grants to in focUS apparel and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including, but not limited to, developing, manufacturing and marketing products and services.

All user submissions must comply with the content standards set out in these terms. These content standards apply to any and all user submissions. User submissions must in their entirety comply with all applicable federal, state/provincial/territorial, local and international laws and regulations. Without limiting the foregoing, user submissions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the terms and our Privacy Policy.

 


LINKS TO THIRD PARTY SITES

This Website may contain links to websites operated by parties other than in focUS apparel. in focUS apparel does not control such websites and is not responsible for their contents. By including these links, we do not imply any endorsement of the website material or any association with their operators.

 


INDEMNIFICATION

You agree to release, defend, indemnify and hold harmless in focUS apparel, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the terms or your use of the Website, including, but not limited to, your user submissions, any use of the Website’s content, services and products other than as expressly authorized in the terms or your use of any information obtained from the Website.

 


ENTIRE AGREEMENT

The terms and our Privacy Policy constitute the sole and entire agreement between you and in focUS apparel with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 


YOUR COMMENTS AND CONCERNS

The Website is operated by in focUS apparel. All notices of copyright infringement claims involving this Website should be sent to us by using the following means of communications. Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].

 

You can also contact us at:

in focUS apparel
3783 Hartsfield Rd
Tallahassee, FL 32303, USA

Thank you for visiting the Website.