Introduction

These Terms and Conditions are applicable to the use of the website and online store services provided by Focus Energy Power LLC ("FEP", "we", "us" or "our"). FEP provides an ecommerce platform along with related content and services through its website and mobile applications (collectively, the "Service").

Please read these Terms carefully before using our Service. By visiting, accessing or using any part of this Service, you agree to be legally bound by these Terms whether or not you have read them. If you do not agree to all of these Terms, then please do not use this Service.

Use of Service

You must be at least 18 years of age to use this Service. By using this Service you represent and warrant that you are at least 18 years of age and have the legal authority to accept these Terms on behalf of yourself or the party you represent. You agree to only use the Service to make legitimate purchases for yourself or for another person for whom you are legally authorized to act.

FEP grants you a limited, revocable, non-transferable license to access and use this Service for your own personal use. You agree not to use the Service for any unlawful purpose. When making purchases on behalf of another person, you represent and warrant that you have received the express consent and permission from that person.

Product Availability & Pricing

We strive to provide current, accurate availability, pricing and other information about our products and services on the Service but we cannot guarantee the accuracy or completeness of such information. FEP reserves the right to change availability, descriptions, product pricing and fees at any time without notice. We attempt to be as accurate as possible, however FEP disclaims any liability for any inaccuracies, errors or omissions related to availability, descriptions, pricing, fees or related information displayed on the Service.

Privacy

Please refer to our Privacy Policy to understand our data handling practices. You agree to the terms of our Privacy Policy, which describes our practices concerning the collection, use and disclosure of certain information relating to your use of this Service.

Your Communications

Any communications sent through this Service, such as questions, comments or suggestions will be deemed our sole property and you agree that such submissions are non-confidential for all purposes. Subject to our Privacy Policy, we will have no obligation with respect to such communications and will be free to reproduce, use, disclose, display, transform, create derivative works from and distribute them to others without limitation. Please do not send us any information, communications or materials that you do not wish to assign to us, including any confidential information.

Reviews & Ratings

If you provide reviews or ratings and/or post other user generated content to the Service, you warrant that such contributions are original and owned or validly licensed by you for publication on the Service. If you believe that any content on the Service infringes a copyright that you claim, please notify us at [insert email address].

Purchases

You agree that your purchases are for personal, non-commercial use only. You represent that you have the legal authority to use the payment method you provide when making purchases through this Service. Failure to have such authority is a breach of these Terms.

Product Descriptions

FEP attempts to describe and display products and services available on this Service as accurately as possible. However, FEP does not warrant that such specifications, product or package illustrations, descriptions or other content available on the Service are accurate, complete, reliable, current or error free. While we try to display colors of products as accurately as possible, the actual product color you receive may be slightly different from what is displayed on your device, as screens may have differences in color displays.

Return Policy

Please review our Return Policy to understand the scope, terms and conditions applicable to returns and exchanges when you make purchases on this Service.

Intellectual Property Rights

All content and materials available on this Service, including but not limited to images, graphics, photographs, video and audio clips, digital downloads copyrights, trademarks and logos (the "Materials") are owned by FEP and/or its licensors and are protected by copyrights, trademarks, patents, trade secrets and other proprietary rights.

Except as expressly authorized by FEP in writing, you may not reproduce, sell, license, distribute, publish, display, transmit, modify, create derivative works from, or otherwise use or exploit any of the Materials in any manner. Using or attempting to use any Materials without the written permission of FEP violates these Terms and conditions and may violate copyright, trademark and other laws.

Your use of this Service does not grant you ownership of any Materials you may access on this Service. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Material. Violation of these terms will result in termination of your access to the Service in addition to FEP’s other available legal remedies.

Copyright Complaints & DMCA Takedown Policy

Please review our DMCA Copyright Policy to submit a complaint regarding copyright infringement or an infringing web site page accessible via a link from the this Service.

Termination & Access Restrictions

FEP may terminate or suspend your Service access immediately, without warning or notice, if there has been a violation of these Terms or our other policies or guidelines. FEP, in its sole discretion, may terminate or restrict your use of the Service for any reason without notice to you.

Upon such termination or suspension, you will no longer be entitled to use the Service or access any data, information or files kept on FEP’s systems relating to the Service.

Warranties Disclaimer

Products and services obtained through this Service are provided “as is” without warranties of any kind to the fullest extent permissible pursuant to applicable law. We disclaim all express and implied warranties including, without limitation, implied warranties of merchantability, suitability and fitness for a particular purpose arising from this Service or any content, data, information or services provided herein, that material available through this Service is error-free or uninterrupted or regarding results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through this Service.

FEP does not warrant that the quality of products or services purchased or obtained by you through this Service will meet your expectations or that any errors in the technology will be corrected. No advice or information whether oral or in writing obtained by you through this Service shall create any warranty.

Limitation of Liability

Your use of this Service is at your own discretion and sole risk. FEP shall not be liable to you or any third party for any direct or indirect damages arising from your access to, use of, inability to use or reliance upon this Service. FEP assumes no responsibility and shall not be liable for any damages to, or any viruses or malware that may infect your device equipment or other property caused by or arising from your access to, use of or browsing this Service or your downloading of any materials, from this Service.

In no event will FEP, its officers, directors, shareholders, employees, consultants or agents be liable to you or any third party for any incidental special, punitive or consequential damages of any kind arising from use of this Service.

Indemnification

You agree to defend, indemnify and hold harmless FEP, its officers, directors, employees and agents from and against any third party claims, damages, costs and expenses including reasonable attorney fees, arising from your use of the Service, any content, information or materials posted or displayed on the Service by you or your violation of these Terms and Conditions. FEP reserves the right to assume, at its sole expense, control of the defense or settlement of such claims, actions or proceedings which relate to the Service. In such case, you agree to cooperate as reasonably required with FEP in assertion of available defenses.

Dispute Resolution

These Terms are governed in accordance with the laws of the State of [Your State] without regard to its conflict of law provisions and any disputes arising out of or relating to these Terms shall be exclusively heard in courts located in [County, State]. In the event of any controversy or dispute between FEP and you arising out of or in connection with your use of this Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 60 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then either party may commence litigation.

General Provisions

These Terms constitute the entire agreement between you and FEP with respect to this Service and supersede all prior or contemporaneous agreements. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. FEP’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then this provision shall be construed, blue penciled, limited in scope, modified or severed to the extent necessary to eliminate its invalidity or unenforceability, and the other provisions of these Terms shall remain in full force and effect.

Changes to These Terms

FEP reserves the right in its sole discretion to amend these Terms and Conditions at any time and without prior notice to you. Any such revisions shall take effect immediately when posted to the Service. You agree to review these Terms and Conditions periodically to ensure you are updated as to any changes. Your continued use of the Service after the posting of any amendment shall constitute your acceptance of and agreement to be bound by it. If you do not agree to the changes, do not continue to use the Service or participate in its products or services.

Contact Us


Please contact us with any questions regarding these Terms and Conditions at support@focusenergypower.com.