You have no items in your shopping cart.

Focusadd

FocusAdd Terms & Conditions


Focusadd Program - Terms of Offer
By placing an order through this website, you agree to the terms and conditions set
for the below. Please read through these terms carefully before placing your
order and print a copy for future reference. Please also read our Privacy
Policy regarding personal information provided by you, which is
incorporated herein by reference.
Health Disclaimer
Any statements on this site or any materials or supplements distributed or sold
by www.focusadd.com have not been evaluated by the Food and Drug
Administration. This product is not intended to diagnose, treat, cure or prevent
any disease. If you are pregnant, nursing, taking medication, or have any
medical condition. We suggest consulting with a physician before using any of
our products. The results on all products are not typical and not everyone will
experience these results.
Refund Policy Cancellation with refund is possible prior to shipping.
Contact support by phone at 1-888-560-0729 to request a refund prior to shipping. A 30-day refund is offered on damaged or defective products, minus delivery and banking charges. Once a refund has been approved please allow up to 7 days for the refund to be applied.
Please allow up to 10 days for the refund to appear on your credit card statement.
A damaged or defective product may be returned for replacement, in original packaging, with all original components,
at purchaser's expense. Ship your products back to 4815 W. Russell Road #7G Las Vegas Nv, 89118 with the invoice that was in the package and your name. All products or services provided by any of the Superior Body Inc owned websites are tested. As per the terms of our policy, we do not take responsibility if you use our products for purposes other than for which they are meant.
Address the return package to: Focusadd, 4815 W. Russell Road #7G, Las
Vegas, NV 89118. We will not accept or issue a refund for any packages marked
return to sender or refused. If you return a package, we recommend that you get
proof of shipment. Upon receipt of your returned product with a valid RMA
number, a refund will be issued to your credit card. After the shipping
department receives your return, it generally takes 3-5 business days or less to
process your refund. Once a return is processed, it can take up to one billing
cycle for this return to be posted to your account, depending on your financial
institution. All returns will incur a $6 restocking fee.
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding agreement made by and between
Focusadd ("we" or "us") and you, personally and, if applicable, on behalf
of the entity for whom you are using this web site (collectively, "you"). This
TOS governs your use of the www.focusadd.com web site ("Web Site") and the
services we offer on the Web Site ("Services"), so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO
BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE
FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY
TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR
MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
1. Using the Web Site.
(a) Eligibility. Except as expressly provided below, Services may only be used
by, and Membership is limited to, individuals who can form legally binding
contracts under applicable law. Without limitation, minors are prohibited from
becoming Members and, except as specifically provided below, using fee-based
Services. Membership is defined by engaging in a purchase agreement with our
Focusadd wherein you, the consumer purchase one of the products found on
the Web Site.
(b) Compliance. You must comply with all of the terms and conditions of this
TOS, the policies referred to below, and all applicable laws, regulations and
rules when you use the Web Site.
(c) License and Restrictions. Subject to the terms and conditions of this TOS,
you are hereby granted a limited, non-exclusive right to use the content and
materials on the Web Site in the normal course of your use of the Web Site. You
may not use any third party intellectual property without the express written
permission of the applicable third party, except as permitted by law. The
Website will retain ownership of its intellectual property rights and you may
not obtain any rights therein by virtue of this TOS or otherwise, except as
expressly set forth in this TOS. You will have no right to use, copy, display,
perform, create derivative works from, distribute, have distributed, transmit or
sublicense from materials or content available on the Web Site, except as
expressly set forth in this TOS. You may not attempt to reverse engineer any of
the technology used to provide the Services.
(d) Prohibited Conduct. In your use of the Web Site and the Services, you may
not: (i) infringe any patent, trademark, trade secret, copyright, right of
publicity or other right of any party; (ii) defame, abuse, harass, stalk any
individual, or disrupt or interfere with the security or use of the Services,
the Web Site or any web sites linked to the Web Site; (iii) interfere with or
damage the Web Site or Services, including, without limitation, through the use
of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of
service attacks, packet or IP spoofing, forged routing or electronic mail
address information or similar methods or technology; (iv) attempt to use
another user's account, impersonate another person or entity, misrepresent your
affiliation with a person or entity, including (without limitation) the Website
or create or use a false identity; (v) attempt to obtain unauthorized access to
the Web Site or portions of the Web Site that are restricted from general
access; (vi) engage, directly or indirectly, in transmission of "spam," chain
letters, junk mail or any other type of unsolicited solicitation; (vii) collect,
manually or through an automatic process, information about other users without
their express consent or other information relating to the Web Site or the
Services; (viii) use any meta tags or any other "hidden text" utilizing the
Focusadd name, trademarks, or product names; (ix) advertise, offer to sell,
or sell any goods or services, except as expressly permitted by the Website; (x)
engage in any activity that interferes with any third party's ability to use or
enjoy the Web Site or Services; or (xi) assist any third party in engaging in
any activity prohibited by this TOS.
e) Other Users. If you become aware of any conduct that violates this TOS, We
encourage you to contact Customer Service. We reserve the right, but will have
no obligation, to respond to such communications.
2. Your Content.
(a) License. By posting, storing, or transmitting any content on or to the
Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-
free, sub-licensable, right and license to use, copy, display, perform, create
derivative works from, distribute, have distributed, transmit and sublicense
such content in any form, in all media now known or hereinafter created,
anywhere in the world. You hereby irrevocably waive any claims based on moral
rights or similar theories, if any.
(b) Objectionable Content. We do not have the ability to control the nature of
the user-generated content offered through the Web Site. You are solely
responsible for your interactions with other users of the Web Site and any
content that you post. We will not be liable for any damage or harm resulting
from any content or your interactions with other users of the Web Site. We
reserve the right, but have no obligation, to monitor interactions between you
and
other users of the Web Site and take any other action to restrict access
to or the availability of any material that we or another user of the Web Site
may consider to be obscene, lewd, lascivious, filthy, excessively violent,
harassing or otherwise objectionable (including, without limitation, because it
violates this TOS).
3. Accuracy of Information.
We attempt to ensure that the information on the Web Site is complete and
accurate; however, this information may contain typographical errors, pricing
errors, and other errors or inaccuracies. We assume no responsibility for such
errors and omissions, and reserve the right to: (i) revoke any offer stated on
the Web Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make
changes to prices, content, promotions, product descriptions or specifications,
or other information on the Web Site.
4. Sales Tax.
If you purchase any products available on the Web Site ("Products"), you will be
responsible for paying any applicable sales tax indicated on the Web Site.
5. Fraud.
We reserve the right, but undertake no obligation, to actively report and
prosecute actual and suspected credit card fraud. We may, in our discretion,
require further authorization from you such as a telephone confirmation of your 
order and other information. We reserve the right to cancel, delay, refuse to
ship, or recall from the shipper any order if fraud is suspected. We capture
certain information during the order process, including time, date, IP address,
and other information that will be used to locate and identify individuals
committing fraud. If any Web Site order is suspected to be fraudulent, we
reserve the right, but undertake no obligation, to submit all records, with or
without a subpoena, to all law enforcement agencies and to the credit card
company for fraud investigation. We reserve the right to cooperate with
authorities to prosecute offenders to the fullest extent of the law.
6. Intellectual Property Rights.
a) Copyright. All materials on the Web Site, including without limitation, the
logos, design, text, graphics, other files, and the selection and arrangement
thereof are either owned by us or are the property of our suppliers or
licensors or other companies. You may not use such materials without permission.
(b) Trademarks. Focusadd is a trade name we own. The related design marks,
and other trademarks on the Web Site are owned by us. Page headers, custom
graphics, button icons and scripts are trademarks or trade dress we own. You may
not use any of these trademarks, trade dress, or trade names without our express
written permission.
7. Third Party Websites.
www.focusadd.com may contain links to other websites on the Internet that
are owned and operated by third parties. We do not control the information,
products or services available on these third party websites. The inclusion of
any link does not imply our endorsement of the applicable website or any
association with the website's operators. Because we have no control over such
websites and resources, you agree that we are not responsible or liable for the
availability or the operation of such external websites, for any material
located on or available from any such websites or for the protection of your
data privacy by third parties. Any dealings with, or participation in promotions
offered by, advertisers on the Website, including the payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are solely between
you and the applicable advertiser or other third party. You further agree that
we shall not be responsible or liable, directly or indirectly, for any loss or
damage caused by the use of or reliance on any such material available on or
through any such site or any such dealings or promotions.
8. Linking and Framing.
You may not deep link to portions of the Web Site, or frame, inline link, or
similarly display any of our property, including, without limitation, the Web
Site. You may not use any of our logos or other trademarks as part of a link
without express written permission.
9. Comments.
All comments, feedback, suggestions, ideas, and other submissions that you
disclose, submit or offer to us in connection with your use of the Web Site will
become our exclusive property. Such disclosure, submission or offer of any
Comments shall constitute an assignment to us of all worldwide right, title and
interest in all patent, copyright, trademark, and all other intellectual
property and other rights whatsoever in and to the Comments and a waiver of any
claim based on moral rights, unfair competition, breach of implied contract,
breach of confidentiality, and any other legal theory. You will, at our cost,
execute any documents to effect, record, or perfect such assignment. Thus, we
will own exclusively all such right, title and interest and shall not be limited
in any way in the use, commercial or otherwise, of any Comments. You should not
submit any Comments to us if you do not wish to assign such rights to us. We are
and will be under no obligation: (i) to maintain any Comments in confidence;
(ii) to pay to you or any third party any compensation for any Comments; or
(iii) to respond to any Comments. You are and shall remain solely responsible
for the content of any Comments you make.
10. Indemnification.
You agree to defend, indemnify and hold the Web Site, and its subsidiaries,
affiliates, and their directors, officers, agents, members, shareholders, co-
branders or other partners, employees, and Advertising Partners harmless from
any liabilities, losses, actions, damages, claims or demands, including
reasonable attorneys fees, costs and expenses, made by any third party directly
or indirectly relating to or arising out of (a) content you provide to the Web
Site or otherwise transmit or obtain through the Service, (b) your use of the
Service, (c) your connection to the Service, (d) your violation of this
Agreement, (e) your violation of any rights of another or (f) your failure to
perform your obligations hereunder. If you are obligated to provide
indemnification pursuant to this provision, we may, in our sole and absolute
discretion, control the disposition of any Claim at your sole cost and expense.
Without limitation of the foregoing, you may not settle, compromise or in any
other manner dispose of any Claim without our consent.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEB SITE, THE PRODUCTS, AND
SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT
THAT THE PRODUCTS, THE WEB SITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT:
(I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES
OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE
CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO
WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY
AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A
PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEB SITE MAY CONTAIN
FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE
EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS
AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM
THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR
CONTROL.
(c) HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEB SITE FOR
INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A
DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION
AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL
CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF
THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN
THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF
GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE
OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING
FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT
LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER
OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
12. Force Majeure.
You acknowledge and understand that if the Web Site is unable to provide the
Products as a result of a force majeure event the Website will not be in breach
of any of its obligations towards You under these Terms of Service. A force
majeure event means any event beyond the control of the Website. THE WEBSITE
SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM
ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A
RESULT OF A FORCE MAJEURE EVENT.
13. Domestic Use; Export Restriction.
We control the Web Site from our offices within the United States of America. We
make no representation that the Web Site or its content (including, without
limitation, any products or services available on or through the Web Site) are
appropriate or available for use in other locations. Users who access the Web
Site from outside the United States of America do so on their own initiative and
must bear all responsibility for compliance with local laws, if applicable.
Further, the United States export control laws prohibit the export of certain
technical data and software to certain territories. No content from the Web Site
may be downloaded in violation of United States law.
14. Arbitration.
All disputes arising out of or relating to this TOS (including its formation,
performance or alleged breach) or your use of the Web Site will be exclusively
resolved under confidential binding arbitration held in Boston, Massachusetts
before and in accordance with the Rules of the American Arbitration Association.
The arbitrator's award will be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this TOS will be joined to an arbitration involving
any other party subject to this TOS, whether through class arbitration
proceedings or otherwise. Notwithstanding the foregoing, we will have the right
to seek injunctive or other equitable relief in state or federal court located
in Boston, Massachusetts to enforce this TOS or prevent an infringement of a
third party's rights. In the event equitable relief is sought, each party hereby
irrevocably submits to the personal jurisdiction of such court.
15. WAIVER OF CLASS ACTION RIGHTS.
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE
TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH
THIS TOS MUST BE ASSERTED INDIVIDUALLY.
16. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, relating to,
or connected with your use of the Web Site, must be filed within one calendar
year after such claim or cause of action arises, or forever be barred.
17. Modification of Terms of Service.
We reserve the right to change or modify these Terms of Use at any time and your
continued use of this site will be conditioned upon the Terms of Use in force at
the time of your use. You can always check the most current version of the Terms
of Use at this page.
18. Termination.
We will have the right to terminate your access to the Web Site if we reasonably
believe you have breached any of the terms and conditions of this TOS. Following
termination, you will not be permitted to use the Web Site and we may, in our
discretion, cancel any outstanding Product Orders. If your access to the Web
Site is terminated, we reserve the right to exercise whatever means we deem
necessary to prevent unauthorized access to the Web Site, including, but not
limited to, technological barriers, IP mapping, and direct contact with your
Internet Service Provider. This TOS will survive indefinitely unless and until
we choose to terminate it, regardless of whether any account you open is
terminated by you or us or if you have the right to access or use the Web Site.
19. Integration.
This TOS contains the entire understanding between you and us regarding the use
of the Web Site, and supersedes all prior and contemporaneous agreements and
understandings between you and us relating thereto.
20. Additional Terms.
This TOS will be binding upon each party hereto and its successors and permitted
assigns, and governed by and construed in accordance with the laws of the State
of Nevada without regard for conflict of law principles. This TOS and all
of your rights and obligations under them may not be assignable or transferable
by you without our prior written consent. No failure or delay by a party in
exercising any right, power or privilege under this TOS will operate as a waiver
thereof, nor will any single or partial exercise of any right, power or
privilege preclude any other or further exercise thereof or the exercise of any
other right, power, or privilege under this TOS. You are an independent
contractor, and no agency, partnership, joint venture, employee-employer
relationship is intended or created by this TOS. The invalidity or
unenforceability of any provision of this TOS will not affect the validity or
enforceability of any other provision of this TOS, all of which will remain in
full force and effect.