Effective Date: February 20, 2024
Introduction
Welcome to the Focus Maximizer website at https://focusmaximizer.com/ (the “Site”). The Site provides articles, tips, advice and other resources related to improving productivity, maximizing focus and achieving goals (“Services”).
These Terms of Service (“Terms”) is a binding contract between you and Focus Maximizer (“Focus Maximizer”, “we”, “us” and “our”) regarding your use of the Site and Services. Please read these Terms carefully as they govern your access and use of the Site and Services.
Acceptance of Terms
By accessing, browsing or otherwise using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms as well as our Privacy Policy incorporated herein by reference. If you do not wish to be bound by these Terms, do not access or use the Site or Services.
You must be over the age of 18 to access or use the Site or Services. By using the Site or Services, you represent and warrant that you meet all eligibility requirements we outline in these Terms. If you do not meet these requirements, you must not access or use the Site or Services.
Changes to the Terms
Focus Maximizer reserves the right to revise and update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Site. By continuing to access or use the Site or Services after revisions become effective, you agree to be bound by the updated Terms.
These Terms were last updated on the date set forth at the beginning of these Terms. It is important that you review these Terms whenever accessing or using our Site or Services to ensure you understand the terms that apply at that time.
Privacy Policy
Our Privacy Policy governs the manner in which we collect, use, maintain and disclose your personal information collected from the Site and Services. Please review the Privacy Policy to understand our data practices like what information we collect, how we use it and your rights over that information.
Intellectual Property Rights
The Site, Services and all of its original content, features materials and Services including, but not limited to, articles, images, illustrations, audio clips, video clips, software and script are owned solely by Focus Maximizer and protected intellectual property assets under copyright, trademark and other proprietary rights and laws.
You agree not to copy, distribute, modify, publish, scrape, frame-in, create compilations, download, broadcast, sell or create derivative works from the Site, Services or any content, in whole or in part, other than as expressly permitted in these Terms. Any such unauthorized use may infringe copyrights, trademarks or other intellectual property rights of Focus Maximizer or third parties.
The trademarks, logos, and service marks displayed on the Site or Services are the property of Focus Maximizer. You are not permitted to use these trademarks without our prior written consent.
User Content
If you submit, transmit, display, modify or otherwise provide any content, report, feedback, idea or suggestion to Focus Maximizer via the Site or Services (“User Content”), you hereby grant Focus Maximizer and our affiliates a perpetual, worldwide, non-exclusive, royalty-free license to publish, reproduce, display, modify and distribute your User Content in any formats through any channels now known or later developed.
You are solely responsible and liable for all of your User Content you upload, publish, email or otherwise transmit via the Site and Services. You represent and warrant you have all rights necessary to provide User Content and that the use or display of User Content does not infringe or violate the rights of any third party.
Acceptable Use
Your permission to access and use the Site and Services is conditioned upon the following Use Restrictions and Conduct Restrictions:
Use Restrictions
You agree that you will NOT use the Site or Services to:
- In any way that violates these Terms, our Privacy Policy, or any applicable local, national or international laws, regulations or executive orders;
- Access, monitor or copy any content or information on our Site or Services using automated means (such as scraping, harvesting, data mining, extraction and crawling) without our prior written permission;
- Interfere with or disrupt the operation of the Site or Services or the servers or networks used to make the Site or Services available, including by transmitting any viruses, spyware, malware or any other code of a destructive nature;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate the rights of Focus Maximizer, our affiliates or any third party including their intellectual property, privacy, publicity or contractual rights;
- Use or attempt to use another user’s account without authorization;
- Remove or alter any copyright, trademark or other proprietary rights notice displayed on the Site or Services;
- Obtain or attempt to gain unauthorized access to other computer systems through the Site or Services;
- Post, transmit or otherwise make available information or content that is in violation of any applicable law, regulation or executive order;
- Deal in counterfeit or stolen items or use our Site and Services to engage in or assist fraudulent or illegal activity.
Conduct Restrictions
You agree that you will NOT use the Site or Services to:
- Stalk, abuse, harass, harm or otherwise violate the legal rights of others;
- Make any defamatory, obscene, pornographic or otherwise illegal or offensive User Content or material available on or through the Site or Services;
- Make inappropriate references to third parties, content or information without their express written consent;
- Use or distribute unauthorized copies of copyrighted photos, text, images or other materials without the express written consent of the copyright owner;
- Impersonate any person or misrepresent your identity or affiliation with any person or organization;
- Violate the privacy of any other user by disclosing personally identifying information without their consent;
- Violate any applicable laws, regulations or ethical codes for researchers regarding human subjects research or psychological or medical testing;
- Encourage or enable any other individual to do any of the foregoing activities prohibited under these Terms or by law.
Term and Termination
These Terms will remain in effect so long as it is accessible through the Site. If you violate any provision of these Terms, your permission to access and use the Site and Services will terminate automatically. Additionally, Focus Maximizer reserves the right to bar, restrict or terminate your access and use of the Site or Services, without notice and in our sole discretion, for any or no reason whatsoever.
We will not have any liability whatsoever to you for any termination of your permissions under these Terms. Even after your permission is terminated, certain provisions of these Terms will remain in effect as outlined in the ‘Survival’ section below.
Warranty Disclaimers
Focus Maximizer provides the site and services “As Is” without warranty of any kind. We disclaim all warranties express or implied relating to the site and services including merchantability, fitness for a particular purpose and non-infringement.
Focus Maximizer makes no representations or guarantees regarding the timeliness, accuracy, performance, completeness, reliability, quality or suitability of the site, services, content or information provided. We do not guarantee against errors or interruptions in accessing the site or services.
Use and access of our Site and Services is at your own discretion and risk. You will be solely responsible for any resulting damage or loss to any party.
Limitation of Liability
To the maximum extent permitted by law, in no event will Focus Maximizer be liable for any indirect, punitive, incidental, special, consequential or exemplary damages arising out of or in any way related to your access or use of or inability to access or use the Site and Services. This includes damages for loss of profits, goodwill, data or other intangible losses resulting directly or indirectly from use of the Site and Services.
In no event will our total aggregate liability arising out of or relating to these Terms exceed the greater of the total amount paid by you to Focus Maximizer over the past 12 months, or $100 even if we have been advised of the possibility of such damages. Applicable law may not allow these limitations or exclusions, so some exclusions and limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Focus Maximizer and our affiliates from all liabilities, claims, damages and expenses (including reasonable attorneys’ fees) arising from or related to:
- Your use or misuse of the Site or Services
- Your violation of these Terms
- Your violation of any third party’s rights or applicable laws and regulations
- Any of Your User Content
We reserve the right to handle our legal defense however we see fit even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Third Party Sites
The Site or Services may provide links to other third party websites and online resources. However, we are not affiliated with outside sites and resources. Focus Maximizer does not endorse and makes no representations or warranties regarding third party sites or resources.
Your use of any third party site and resource is at your own risk under the terms and conditions of that site or resource. Focus Maximizer disclaims all liability for any loss, damage, or expense arising from your use of sites or reliance on resources we link to.
Survival
The following sections will survive and continue to apply even if you stop using the Site and Services or your permission is terminated:
- Warranty Disclaimers
- Indemnification
- Limitation of Liability
- Survival
Infringement Claims
Focus Maximizer respects intellectual property rights and follows copyright laws. We reserve the right to remove infringing content and terminate repeat infringing members according to our internal policies and legal requirements.
Modifications
We reserve the right to modify these Terms from time to time at our sole discretion. Updated versions will be identified with an updated ‘Effective Date’. Upon posting updated versions online, your continued use of Site or Services constitutes acceptance of the modified Terms. It is important you review the Terms whenever accessing the Site.
General Contract Terms
- These Terms represent the entire agreement between you and Focus Maximizer related to your use of Site and Services;
- Our failure to enforce a provision does not waive our ability to enforce them;
- We can assign our rights and duties under these Terms with reasonable notice provided to you via email, in writing or through the Site;
- Except as explicitly stated, nothing in these Terms will be deemed to create a partnership, joint venture, agency relationship or franchise relationship between parties;
- If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the essential terms of the unenforceable provision;
- The section headings are for convenience only and do not define, limit or describe scope or intent of the provisions.
Contact Us
Thank you for taking time to review our Terms of Service. Please contact us at [email protected] with any questions regarding these Terms.