Terms of Use
Terms of Use

Terms of Use

Welcome to the Web site ("Site") of The Focal Point LLC, a California limited liability company (the "Company"). Use of the Site is subject to these Terms of Use, and your use of the Site constitutes your acceptance of these terms, and your entry into a legally-binding agreement with the Company. If you do not accept any of these terms, please do not use the Site. You represent that you are at least 18 years of age. If you are not at least 18 years of age, you may not use the Site. The Company may change these terms from time to time. If any of the revised terms are not acceptable to you, you should cease your use of the Site. The Company will post a notice of any revisions to these terms; your continued use of the Site after such notice constitutes your acceptance of the revised terms.

1. Privacy Policy. The Company respects your privacy. The Privacy Policy of the Company may be inspected by clicking here. The Privacy Policy is part of these Terms of Use.

2. Registration and Passwords. You may be asked to register and select a user name and password to access private portions of the Site. You are entirely responsible for the maintenance of the confidentiality of your password, and you may not use the user name or password of any other person at any time. You agree to notify the Company immediately of any unauthorized use of your user name or password. You can notify the Company by sending an email communication to info@thefocalpoint.com, or by contacting the Company at any of the contact numbers shown on the site. The Company shall not be liable for any loss to you as a result of the unauthorized use of your user name or password, whether with or without your knowledge. You will be held responsible to the Company for any loss which results from the unauthorized use of a user name or password.

3. Intellectual Property. The copyright in the entire contents of the Site is owned by the Company and all rights are reserved. ©2007, The Focal Point LLC. Copyrights will be vigorously protected by the relevant owner. The trademarks or service marks, Mental Mining®, The Focal Point®, and Registered TFP logo®, are registered by the Company with the United States Patent Trademark Office and may not be used by any person without the express written consent of the Company. The "look" and "feel" of the Site, including color combinations, layout, design, and other graphical elements are protected by intellectual property law. The contents of the Site may only be used for personal or non-commercial purposes. Any other use without the express written consent of the Company is prohibited. Links to the Site are not permitted. Nothing on the Site should be understood to grant you a license or other right to use any trade mark or service mark, or any copyrighted material of the Company or any third party.

4. Disclaimer and Limitation of Liability. The Company makes the Site available on an "AS-IS" basis. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY INFORMATION, MATERIAL OR GRAPHICS ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. No warranty is made that any contents of the Site are free of errors or that the Site or its server are free of viruses or other harmful components. To the extent that these exclusions and limitation are expressly prohibited by law, those parts that are prohibited will not apply, but the remaining terms will continue to apply. No waiver by the Company of any term or breach of a term shall amount to a waiver of the term or breach of a term (whether of the same or similar nature) in the future.

5. Indemnity. You agree to indemnify and hold the Company harmless from any and all cost, loss, damage, claim, liability, cause of action, or expense (including, but not limited to, legal fees and disbursements) which result from your breach or non-observance of these Terms of Use, and for any breach or infringement of our copyright, trademark, service mark, and other intellectual property rights.

6. Miscellaneous.

(a) These Terms of Use are the complete and exclusive statement of the Terms of Use for the Site, and they supersede any prior terms or agreements (written or oral).

(b) These Terms of Use shall be deemed to be a contract made and to be performed in the State of California, USA, and shall be construed under the applicable laws of the United States of America and the State of California, except their choice of law rules. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Alameda, State of California, USA, in all disputes arising out of or related to the use of the Site.

(c) The Company may, at any time, and in its sole discretion: (i) revise these Terms of Use; (ii) modify the Site; (iii) discontinue the Site, all with or without prior notice. Any revision shall be effective immediately upon posting to the Site, and your continued use of the Site after a revision is posted shall amount to your acceptance of the revision.

(d) "You" and "your" are terms which refer to a user of the Site other than the Company. The term "Company" includes the affiliates, managers, members, employees, consultants, agents, and representatives of The Focal Point LLC.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. 

Terms of Use