Terms of Service
The following terms and conditions govern all use of the focalpointoregon.com website and all content, services and products available through the website, including, but not limited to, The Focal Point: An Optical Shop client area (collectively referred to as the Site).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by The Focal Point: An Optical Shop, acceptance is expressly limited to these terms. The Focal Point: An Optical Shop is available only to individuals who are at least 13 years old.
Client area account
You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify The Focal Point: An Optical Shop of any unauthorized uses of your account or any other breaches of security. The Focal Point: An Optical Shop will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Contribution to site
If you leave comments anywhere on the Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:
- Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
- The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content
- The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
- The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party
By submitting Content to The Focal Point: An Optical Shop for inclusion on our Site, you grant The Focal Point: An Optical Shop a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, The Focal Point: An Optical Shop has the right (though not the obligation) to, in The Focal Point: An Optical Shop’s sole discretion (i) refuse or remove any content that, in The Focal Point: An Optical Shop’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in The Focal Point: An Optical Shop’s sole discretion. The Focal Point: An Optical Shop will have no obligation to provide a refund of any amounts previously paid under these circumstances.
The Site offers numerous products and services for sale. The Site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
Responsibility of site visitors
By operating the Site, The Focal Point: An Optical Shop does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Focal Point: An Optical Shop disclaims any responsibility for any harm resulting from the use by visitors of the Site.
Copyright infringement and DMCA policy
As The Focal Point: An Optical Shop asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify The Focal Point: An Optical Shop in accordance with common DMCA policies. The Focal Point: An Optical Shop will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of The Focal Point: An Optical Shop or others, The Focal Point: An Optical Shop may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, The Focal Point: An Optical Shop will have no obligation to provide a refund of any amounts previously paid to The Focal Point: An Optical Shop.
This Agreement does not transfer from The Focal Point: An Optical Shop to you any The Focal Point: An Optical Shop or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Focal Point: An Optical Shop. The Focal Point: An Optical Shop logo, and all other trademarks, service marks, graphics and logos used in connection with The Focal Point: An Optical Shop, or the Site are trademarks or registered trademarks of The Focal Point: An Optical Shop or The Focal Point: An Optical Shop’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any The Focal Point: An Optical Shop or third-party trademarks.
The Focal Point: An Optical Shop reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. The Focal Point: An Optical Shop may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Focal Point: An Optical Shop may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by The Focal Point: An Optical Shop if you materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from The Focal Point: An Optical Shop’s notice to you thereof; provided that, The Focal Point: An Optical Shop can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of warranties
The Site is provided “as is”. The Focal Point: An Optical Shop and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Focal Point: An Optical Shop nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
Limitation of liability
In no event will The Focal Point: An Optical Shop, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Focal Point: An Optical Shop under this agreement during the six (6) month period prior to the cause of action. The Focal Point: An Optical Shop shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General representation and warranty
You agree to indemnify and hold harmless The Focal Point: An Optical Shop, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between The Focal Point: An Optical Shop and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Focal Point: An Optical Shop, or by the posting by The Focal Point: An Optical Shop of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Lane County, Oregon, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lane County, Oregon, USA. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Focal Point: An Optical Shop may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The Focal Point: An Optical Shop
1550 Oak Street, Eugene, OR 97401
The Focal Point: An Optical Shop
2002 U.S. 101, Florence, OR 97439
This document was last updated on July 1, 2013