TERMS of SERVICE and USE (TSU)
FocusedBuyer.com (WS) and Precious®Payment (PRP): facilitating Purchasing & Trading and Settlement & Payables Processing respectively ("the Services")
Respectively Owned and Operated by FocusedBuyer LLC & PreciousPayment LLC
Welcome to www.FocusedBuyer.com (WS) and Precious®Payment (PRP)
Use of the words YOU, YOUR and YOURSELF anywhere in this documented WS and/or PRP posting, including the MA, the T's & C's, and the PP pertain to and are directly associated with any and all site and services users including you. Use of the words WE, US, OUR in any of the aforementioned areas pertain to the WS, PRP, "the Services", "the Companies" their employees, their content, and their authorized, contracted suppliers/third parties. Use of the words SERVICE, SERVICES, HELP pertains to any and all of "the Services" facilitated by or provided by us.
Your access to and use of this WS, the PRP, "the Services", our content, our fee-based services, our products, our affiliated sites and services and any of our authorized, contracted suppliers/third party sites and services is governed by the TSU and dependent on your certified acknowledgement of, acceptance of, agreement to and compliance with the TSU. The WS and PRP and "the Services", etc. are offered to you strictly without modifications to the MA or to the T's & C's or to the PP components of the TSU. You can acknowledge and accept the TSU by clicking your certification, in the site(s) page area(s) provided for this action, that you have read and understand the TSU and accept and agree to the TSU.
Also by your accessing or by your using the WS, PRP, "the Services", our content, our fee-based services, our products, our affiliated sites and services and any of our authorized, contracted supplier/third party sites and services (whether by direct intent, inadvertent action or carelessness as a visitor, registered member or any other method of gained access, use or entry), you agree to accept, to be bound to and by and to abide by the TSU.
The TSU and any/all of its elements and content can be revised, amended, modified and/or changed at any time by us without prior notice or notification of any kind and are in effect upon public posting to the WS. You are solely responsible to monitor, re-examine and re-review the TSU. Regardless of your effort(s) to execute this important, continuous action, your continued access or use of the WS, PRP and "the Services" constitutes, acknowledges and confirms your acceptance of and binding to any/all revisions, amendments, modifications and/or changes. If for any reason and at any instant you find the TSU, its content, its requirements or its terms to be unacceptable to you or you no longer agree with them, PLEASE STOP ACCESSING AND USING THE WS, PRP and "the Services" IMMEDIATELY. The TSU can not be revised, amended, modified or changed by anyone other than the WS, PRP "the Services" or "the Companies" and any unauthorized TSU postings to the WS or PRP are disclaimed by us and fall outside of our agreement with you. If you have any concerns, comments or questions about the TSU, please contact us at info@FocusedBuyer.com and/or via the FocusedBuyer LLC Company or the PreciousPayment LLC Company (both Pennsylvania, USA Limited Liability Companies).
We provide an online searching, purchasing, trading and payment Internet Portal(s) using an automated, server based, browser executed, technology and software to enable Buyers (Business & Consumer), Suppliers, Sellers, and Advertisers to meet, to conduct, and to transact/contract: i) information gathering, ii) buying and selling, iii) related buying and selling services, iv) the placement of various forms of advertising and v) the settlement of accounts payable or other financial obligations due. EXAMPLES of purchasing formats, templates, methodologies, processes, procedures, Terms & Conditions, etc. are made available ONLY FOR YOUR REFERENCE to help yourself decide, through your own determined and explicit direction, how you might want to accomplish the task of buying or selling or supplying or paying for products and services. You acknowledge, understand, accept and agree that you can not, under any circumstance(s), event(s), action(s) or transaction(s), claim, charge or construe that we provided to you and/or for your use advice or direction or directives of any kind (commercial, financial, legal or otherwise) that caused you harm in any way (commercial, financial, legal, consequential or otherwise).
We, to the extent described, include general information on routinely and normally encountered sourcing, procurement, purchasing, supply chain, selling, general business and advertising formats, content, activities and issues, etc. involving, but not limited to, the business associated with i), ii), iii), iv) and v) above. You acknowledge, understand, accept and agree your access to, use of and advantaging of any aspect of the WS, PRP or "the Services" and related information or content, regardless of presentation, is at your own risk. You also acknowledge, understand, accept and agree that any/all of the aforementioned and future "to be mentioned, innovated, created or implemented" involving us or by us is provided to you "AS IS" and "AS AVAILABLE". You also acknowledge, understand, accept and agree that certain content and information will be exchanged both over our secured and unsecured WS pages and therefore you must be cognizant and careful of what you share, post or execute on unsecured pages as this information is public and can be instantly available to examine by anyone around the globe. You acknowledge, understand, accept and agree that we are not responsible or liable for damage(s) or loss(s) of any kind (commercially, financially, legally, consequentially or otherwise) at any time caused by your failure to protect your personal information, system errors, discrepancies, content accuracy or timeliness, glitches, interruptions, downtime(s) or other unforeseen events and Acts of God impacting the WS, PRP or "the Services" functionality, related Internet operations and traffic, your computer and its operations, your loss of data or any other harm that may occur, develop or result from your access to or use of our WS, PRP, the content, the products or "the Services".
You acknowledge, accept, agree to and warrant that you understand the requirements as delineated here, you currently meet them and will continuously meet them while accessing or using the WS, PRP, "the Services", etc. and you thus will comply with them as follows:
a) You acknowledge, understand, and agree that you are not a minor and you are at least 18 years of age. The WS, PRP or "the Services" can not be legally registered for, accessed or used, under any circumstances, by minors or any persons barred from receiving "the Services" from and Use of the WS and PRP under the laws of the USA or other countries, which includes your country of residence or from the country where you access and/or action use of the WS, PRP or "the Services".
b) You acknowledge, understand, accept and agree that we reserve the right to refuse access to and use of the WS, PRP or "the Services" to any one at any time for any reason including but not limited to any violation by you of any aspect of this agreement, illegalities or abdication by you of any of your responsibilities to fulfill your agreed to compliance with this agreement.
c) You acknowledge, understand, accept and agree that you have the commercial and legal authority to create a Purchase Order and Contract enforceable by law or an otherwise contractually binding obligation for yourself, your employer, another second party/third party or any other designated party. We are not responsible or liable (commercially, financially, legally, consequentially or otherwise) for actual or attempted: contract formulations; contract executions; contract failures; or contract disputes; for any reason including but not limited to lack of commercial and legal authority to or ability to create a contract or whether or not any Transaction(s), Purchase Order(s) or Contract(s) were attempted or executed within and with the help of or outside of (after having been introduced by or through) the WS, PRP and "the Services". You acknowledge, understand, accept and agree to keep all personal, business and contractual data and information exchanged over our secure channels/pages, in the process of trying to form any contract or in the actual formation and then the execution and payment of any contract, confidential and secret between the parties involved in attempting to contract or actually in contract with exception only to the narrow and limited extent necessary to fulfill any valid contract or settle any declared contract dispute with or without mandatory, final and binding arbitration intervention. We never examine or review your posted contractual content for its accuracy, timeliness, completeness or for any intended purpose of dispensing any legal or contractual advice. WS and PRP and "the Companies" are not Law Firms, do not practice law services, do not provide any law services to you through your access and use of the WS, PRP or "the Services" or any other interactions with you and we are not in any form a substitute (legally or otherwise) for your employment of your own attorney (contracts or otherwise) familiar with various laws (contracts or otherwise) within states and across state lines and borders.
d) You acknowledge, understand, accept and agree that you will only supply information to and place content on the WS or PRP that is true, accurate, safe & secure, and to your knowledge complete and not made-up. We are not responsible or liable (commercially, financially, legally, consequentially or otherwise) in any way for the truthfulness of, quality of, legality of, accuracy of, and security & safety of, etc. of your WS or PRP posted information, content or any transaction types whether executed by you or anyone else. And you acknowledge, understand, accept and agree that any fictitious information that becomes posted content (such as data, persons, goods, products, services, companies, characters, organizations, opinions, etc.) was not, is not and can not be intended or interpreted to represent reality. Fictitious or fraudulent buying, selling, paying, advertising or any other related transactions attempted or consummated via the WS, PRP or "the Services" are predetermined without cause or merit as null and void and are subject as such to the laws of the USA.
e) You acknowledge, understand, accept and agree that additional rules, regulations, terms, conditions, requirements, privacy policies, restrictions, etc. (inputs) could apply to your investigations (online or offline), links, decisions, selections and other chosen activities that you initiate and/or make during your course of transacting business on the WS and PRP. You will have an opportunity to read and agree with any and all of these additional inputs, their TSU, and their binding obligations. You must read them carefully, understand them, accept and agree to them and fulfill them accordingly or outright reject them and not access or use their services. You also acknowledge, understand and agree that any intended or unintended oversight(s) or misses or continued WS or PRP interaction or use of "the Services" by you, associated with these inputs, does not dismiss any of your legal, ethical, financial and/or commercial obligations in any instance and may result in a warning or a suspension or a cancellation of your access to and use of the WS, PRP or "the Services". You further acknowledge, understand, accept and agree that we are not responsible or liable (commercially, financially, legally, consequentially or otherwise) with respect to any issues, outcomes, disputes or financial/commercial impacts or settlements related to the aforementioned.
f) You acknowledge, understand, accept and agree without exception to comply with the standards of the WS, PRP, "the Services" and its user community by refraining from posting harassing, immoral, improper, obscene, fraudulent, misleading/deceptive, profane/vulgar, in poor taste, offensive, defamatory, threatening, litigious, unlawful and/or illegal information, content and services as well as keeping any posted information and content free of pornography, obscenity, violence, racial or ethnic offensiveness, prostitution, banned substances, protected species, pirated or counterfeit or stolen goods, restricted plants and animals, products containing lead, asbestos and other regulated/banned ingredients or contaminants, environmentally restricted items and any other materials & services that violate general law, securities law, intellectual property law or copyright law. We reserve, without limitation of any of our other rights and remedies, the right to remove or edit without restriction and at our sole discretion any and all listings, offers, information, content and material that we believe violates law or the aforementioned areas and/or compromises the standards and ethics of our community.
g) You acknowledge, understand, accept and agree that we, unless you have separately contracted for one or more of our fee-based services, are not directly involved in, not responsible for and not liable for (commercially, financially, legally, consequentially or otherwise) any of your WS or PRP interface activities including but not limited to, content, negotiations, communications, contract formulation, contract formation, contracts, contract risks, contract executions, contract disputes, settlements, settlement costs, contract payments, contract data management, etc. You further acknowledge, understand, accept and agree that we will only be responsible for the terms and conditions contracted by you directly with us for each separately listed and individually quoted, menu defined, fee-based service and that we have the right and your approval to subcontract to any authorized by us 3rd Party provider meeting/complying with our terms and conditions for any or all of our "contracted with you" fee-based services.
h) You acknowledge, understand, accept and agree that we, unless you have separately contracted for one or more of our menu defined, fee-based services or one of our PRP services, do not charge for or collect in any form a buy/sell transaction fee of any kind from Buyers or Suppliers or Sellers.
i) You acknowledge, understand, accept and agree that we are operated by and our services are provided by United States of America entities and the TSU, or any other potentially court determined aspect of the WS, PRP, "the Services" or "the Companies" or disputes arising out of or relating to the access or use of these or the laws directly applicable to us are solely and completely governed by the laws of and will be adjudicated in the State of Pennsylvania, USA with initial jurisdiction and due process being served and administered via the courts of Northampton County, Pennsylvania.
j) You acknowledge, understand, accept and agree that no partnership, no agency, no representation, no employment relationship, no joint venture, and no other contractual entanglement of any kind is created or exists between you and us or in any way on your behalf as a result of your access to or use of the WS, PRP, "the Services" or as a consequence or some result arising from the TSU agreement between us.
k) You acknowledge, understand, accept and agree to always access and use the WS and PRP, their content and "the Services" in a legal manner (including compliance with Uniform Commercial Code "UCC" provisions of law), a professional manner, a safe & secure manner, an ethical, good-faith bargaining manner and in line with acceptable social standards and citizenship. As such you also understand and agree that any unlawful, illegal actions/activities on your part or on the part of anyone acting/interacting as you with the WS, PRP or "the Services" (with or without your knowledge) on your behalf that willfully or otherwise ignores, breaks or violates Federal, State, Local or International Laws will result in our suspension of or termination and removal of your WS and PRP access and use. Illegal buying and/or selling of any regulated/controlled/banned item, product, good or service in areas such as but not limited to explosives; chemicals; waste of any kind; drugs/narcotics; firearms; ordinance; ammunition; human organs; animals; intellectual property, trademarks; copyrights; classified, secret, confidential information or intelligence; alcohol; tobacco; etc. is specifically and expressly prohibited on or through the WS, PRP or "the Services" and will be removed upon our discovery or notification to us causing our discovery. We will fully cooperate with legal authorities and law enforcement by providing your registration and your other identifying and pertinent (to an illegality charge or case), information when laws have been broken by you or you are suspected of unlawfulness facilitated by your access to and your use of the WS, PRP or "the Services". You hereby acknowledge, understand, accept and agree that you will hold us harmless in any way, manner and form (commercially, financially, legally, consequentially or otherwise) for disclosing your information as a consequence of a lawfully presented request to us for information by authorized officers of law enforcement and/or the courts of the USA.
l) You acknowledge, understand, accept and agree that it is your explicit responsibility to protect secure information and that you will safeguard and keep confidential & secret (including sharing with what you believe to be trusted third parties) your account information including your passwords and your secret information you have registered and then entered for the specific purpose of gaining access to and use of the WS, PRP their content and "the Services". You acknowledge, understand, accept and agree to actively manage and supervise this extremely important safeguarding requirement at all times and that you will be totally responsible for any misuse (illegal or otherwise) of your account by you or someone using your compromised "entry access" information to the WS, PRP or "the Services". You acknowledge, understand, accept and agree to develop and utilize passwords that will be difficult to discover, to guess, to deduct, to steal or to phish. But regardless of how your "entry access" information may have been compromised, you acknowledge, understand, accept and agree that we are not responsible and are not liable (commercially, financially, legally, consequentially or otherwise) for any damage(s) or loss(s) arising from any failure on your part in keeping the information secure and secret. You completely acknowledge, understand, accept and agree that you are solely responsible and liable for all of your activities involving your account(s) with us.
m) You acknowledge, understand, accept and agree that we have no responsibility or liability (commercially, financially, legally, consequentially or otherwise) for failures for any reason to add, capture, delete, store, warehouse, communicate or transmit information, data, or content through actions executed, maintained and interacted by the WS, PRP, "the Services" or our content or our services yet unknown or our authorized, contracted suppliers/third parties. You acknowledge, understand, accept and agree that we make no warranty that the WS, PRP, "the Services" and/or our content will meet your specific needs or requirements. You acknowledge, understand, accept and agree that our processes, our examples, our services and our content is not advice (commercial, financial, legal or otherwise), can not apply to every encountered situation and is not warranted to be current, accurate or complete. Whether or not professional advice of any kind or legal advice of any kind is required by you or your situation and you attempt without success to use our process(s), services, content, examples and tool(s) instead, you acknowledge, understand, accept and agree that we are not responsible for or liable (commercially, financially, legally, consequentially or otherwise) to you for any/all directly or indirectly related outcomes (failed or otherwise) and/or harm.
n) You acknowledge, understand, accept and agree to input, maintain and update only valid registration information and data such as your eMail address, contact phone number(s), fax number(s) mailing address, etc. You acknowledge, understand, accept and agree to interaction with others accessing and using the WS, PRP and "the Services" that also have committed to this same validity requirement and TSU acknowledgement, understanding, acceptance, agreement and certification. And when accessing and/or using the WS, PRP or "the Services" you acknowledge, understand, accept and agree not to impersonate, hide or disguise or misrepresent your ties to, association with or affiliation with any other persons/entities.
o) You acknowledge, understand, accept and agree to not send junk eMails or on-site messages for any reason, or engage in spamming, flooding, phishing, scraping, framing, virus/worm infiltration or intent to harm or otherwise through manual or automated or other computer system attempts to try to find out, steal or compromise other users" secret and secure information, data or content or invade another user's privacy, use of site rights, intellectual property rights or trademarks & copyrights.
p) You acknowledge, understand, accept and agree that your participation in any blogs, exchanges, or other open and public communication services or forums offered by us are unsecured and that any personal information that you disclose by choice or by chance may be seen, collected, examined and used by others that use the WS, PRP or "the Services" and could result in unexpected and unsolicited online and/or offline attempts to reach you or communicate with you by them. You acknowledge, understand, accept and agree that any and all information and opinions posted by you or others on any of these unsecured communication channels, regardless of what user or third party initiates and posts the material, represents the thoughts and views of the poster and/or others and are not necessarily endorsed by us.
q) You acknowledge, understand, accept and agree to the currently defined Terms and Conditions (T's & C's), without exception, that form a part of this TSU.
s) You acknowledge, understand, accept and agree that we, through your access to and use of the WS, PRP, "the Services", our content, our fee-based services, our products, our communications, our affiliated sites and services and any of our authorized, contracted/third party sites and services, may include advertisements that appear to you on or alongside screen pages, content, information, contracts, communications, transactions, queries or other forms of use, etc. initiated by, posted by, received by or transacted by you on the WS, PRP or "the Services". Actual advertisements, their subject matter, their content, their messages and their form, look and feel, etc. are subject to change at any time and with any placement. You acknowledge, understand, accept and agree to allow us and our authorized, contracted suppliers/third parties or affiliates or sponsors or advertising entities, etc., in exchange for your access to and use of the WS, PRP and "the Services" to place advertisements on the aforementioned that may target your buy/sell behavior, reach your Posting(s), Listing(s), Offers, or otherwise gain your attention as your Purchasing, Trading, Contracting and Payment process unfolds.
t) You acknowledge, understand, accept and agree that any part of this TSU Agreement when found and if found to be invalid, illegal, unenforceable or otherwise unlawful will not impact, affect, impair, change or void the validity, legality and enforceability of the remaining provisions of the TSU. This TSU and all of its elements including but not limited to its opening content, MA, T's & C's, and PP forms your entire Agreement with us regarding your access to and use of the WS, PRP, "the Services", our content, our fee-based services, our affiliated sites and services, our products and any of our authorized, contracted suppliers/third party sites and services. And this publicly posted TSU is the most current version of the TSU and supersedes and replaces any prior Agreement(s) between you and us.
u) You acknowledge, understand, accept and agree to indemnify and hold harmless us, our banking institutions and their services including Precious® Payment (PRP) escrow accounts and monies contained and held therein, our affiliates, our sponsors, our advertisers and our authorized, contracted suppliers/third parties and all of our investors, directors, officers, board members, employees, other stakeholders and agents from and against any and all claims liabilities, costs, and expenses including but not limited to reasonable legal and legal attorneys" fees & expenses arising from or relating to your access to and use of the WS, PRP, "the Services", our fee-based services (except as these were individually addressed, qualified and separately contracted for), our content, our products, etc.
w) You acknowledge, understand, accept and agree to "Final and Binding, Mandatory Arbitration" to resolve all claims, disputes or other matters in question arising out of this Agreement (between you and us), the TSU itself or the breach thereof in strict accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect unless the parties (you and us) agree in verifiable, written Contractual Agreement otherwise. The Arbitration and hearings shall be conducted in Easton, Northampton County, Pennsylvania USA unless the parties (you and us) mutually agree in verifiable, written Contractual Agreement otherwise. Any award rendered by the Arbitrator(s) shall be final and conclusive upon the parties and a judgment upon such award may be entered in any court having competent jurisdiction thereof. A single Arbitrator will be selected and appointed by mutual agreement of the parties, or if the parties will not or can not agree, by the AAA and will be a retired judge or attorney with experience and/or knowledge in Common Law, Contract Law, Internet Commerce and Banking Commerce & Regulations. Each party will pay their own costs and attorney"s fees created by the Arbitration process. A statute of limitations time period or repose defense that would be allowed in a State or Federal court for a claim brought in a lawsuit there would apply in equal force and effect to any Arbitration Hearings brought forth between you and us. To the fullest extent permitted by law, if either party initiates a claim or a dispute that happens to result in a lawsuit, and neither you or we previously called for or sought Arbitration, you and we decidedly, voluntarily and without prejudice agree that a sitting judge, without a jury, will decide the case and the outcome. You further acknowledge, understand, accept and agree that whether the dispute resolution is by Mandatory, Final and Binding Arbitration or in a "rare instance case" by a single Judicial Judge Rendering, either/or will be brought to resolution individually and never as part of any class action initiative or any class action court proceeding. If a class action would attempt to gain traction and did ultimately get filed, it must and can only proceed on an individual, non-representative, non-class basis. You acknowledge, understand, accept and agree that we and you are willingly and voluntarily waiving the right to create or be part of a class action lawsuit and waiving the right to a trial by jury.
The Arbitration Agreement and Process shall be governed and construed in accordance with the laws of the State of Pennsylvania, USA.
The American Arbitration Association can be reached at 1633 Broadway, Floor 10, New York, New York 10019 and through their Web Site www.ADR.org.
ACCESS: An authorized user, being of age; not legally, criminally or otherwise barred; and in complete agreement with all TSU terms including the perpetual provision for your use being provided solely "AS IS" and "AS AVAILABLE", is granted narrowly defined, non-exclusive and revocable access to the WS, PRP and "the Services" for the specific purposes of facilitating authorized, safe, secure, legal and legitimate, Purchasing, Trading, Paying and Advertising transactions through the WS and PRP and allowing purposeful transactional information input and displays (directly and/or indirectly related to a transaction) posted to and on the WS and PRP. Access of any kind is denied for (regardless of anyone's registration status including any and all non-registered 3rd party individual or entity unauthorized intruders): any other use; any other purpose; any other intent; any other activity; any other individual, or group or collective or summarized tracking of data and any and all technological methodologies or otherwise deployments into, on or at the WS and PRP to mine, to discover and to extract such data. Granted permission to access and to use the WS, PRP and "the Services" terminates at the very instant any authorized scope is breached by a registered user or any unregistered 3rd party regardless of cause or method or being known and is executed without prejudice but with full allowance to pursue legal remedies if warranted against the perpetrators. Users are responsible for any and all charges and expenses required and necessary for Users to have and/or utilize equipment and services that facilitate access to, communication(s) with and through, and execution (transactions or otherwise) on the WS, PRP and "the Services".
ARBITRATION: A Dispute Resolution Center for disputes between parties (excluding us) is provided within the WS Contract Performance page(s) and can be initiated by Buyers and/or Suppliers/Sellers to begin specific resolution steps as follows.
Be it known, that for any Contractual Dispute for any reason, associated with transactions facilitated by the WS, PRP or "the Services", even in a Contractual Circumstance where you (the Buyer and/or Supplier/Seller) did not invoke or reach mutual agreement on a specific Contractual Arbitration T & C or such Contractual Clause was absent or forgotten (regardless of fault), the parties shall be bound by this Mandatory, Final and Binding Arbitration Process. The only exception to this universally binding Arbitration T & C will be if the Contracting Parties agreed otherwise (in writing and verifiable) to a different Dispute Resolution T & C in the actual Purchase Order Contract.
The first attempt to resolve any/all disputes is to be through a good faith mutual party effort. This action is to be executed by you the Buying and Selling individuals or personnel that were primary to the formation and acknowledgement of the Purchase Order Contract. This mutual effort is to be executed under a mutual "Time is of the Essence" commitment and a schedule of no more than 10 calendar days or less from first written (electronic or otherwise), verifiable notification by either party.
Should good faith effort and attempts fail to resolve, a second attempt to resolve through a "Mandatory Mediation" effort is required (either party may initiate this process by written (electronic or otherwise), verifiable request to the other party). The mediation request shall include a full description of the unresolved dispute. Mediation shall be represented and carried out by an executive of management from both parties and accomplished under a mutual "Time is of the Essence" commitment and schedule of 10 calendar days or less from first written (electronic or otherwise), verifiable notification by either party.
Buying and Supplying/Selling parties always retain and reserve the right to proceed to satisfy the Purchase Order Contract requirements and shall not be prohibited from proceeding in court to obtain specific Purchase Order performance or provisional relief to perform outside of, prior to or during Arbitration.
All incurred dispute resolution costs, including Arbitration charges and fees and attorney"s fees, to settle, resolve, correct and perform Purchase Order requirements" regarding enforcement of a Purchase Order Contract are ultimately to the Arbitration Losing Party"s account. But if some down payment or progress payment(s) is required upfront or during the Arbitration event, this payment is either funded by the arbitration initiating party or mutually funded by the parties with agreement at the outset. And it is further understood and accepted that all, actual dispute resolution results are entirely, completely and ultimately subject to the net-ARB Arbitrator"s final and binding Arbitration finding(s) and ruling(s).
We do not and will not become involved in or attempt to facilitate resolution of disputes between Buying Users and Supplying/Selling Users of the WS, PRP or "the Services". Users acknowledge, understand, accept and agree that we are not liable and we are fully released from all liabilities (commercially, financially, legally, consequentially or otherwise) to any party, for any claim, for any damage, for any reason, and in any circumstance stemming/originating from or in any way tied/connected/related to any dispute between the aforementioned parties.
ASSIGNMENT: Without any form of notification and at any instance, we may assign or convey a portion or all of our rights, obligations, and other requirements of this and under this Agreement to a/any 3rd party. You, only as part of a sale of all or substantially all of the business that makes use of the WS, PRP or "the Services" and providing the Buyer provides written and verifiable notice that they acknowledge, understand, accept and agree to be bound by the TSU along with a commitment that they will update all account information immediately upon formal assignment transfer, may assign your rights and obligations under this Agreement to a/any 3rd party. This Agreement will however bind and remain in effect, as allowable by law, to the benefit of each party's successors and permitted assigns.
BLOCKING: The protection of the WS, PRP and "the Services" for the stability of the site itself and any/all of its executed transaction(s) is paramount for many reasons including but not limited to safety, security, secrecy, privacy and ongoing operational service and uptime. We reserve the sole, undeterred right, at time and in any way, to maintain or advance protective actions or activities by us, including blocking member access to URL's and IP addresses as well as blocking URL's and IP addresses from interfacing with the WS, PRP or "the Services". Such blocking action by us is done freely, unencumbered legally or otherwise, without regard to probable cause or whether or not a threat is known, suspected, identified, or potential.
CANCELLATION: A User may cancel their registration and access to the WS, PRP and "the Services" at any time, for any reason and without cause or prejudice and ask to have their personal information permanently removed from the database. There are no new charges or fees invoked by us for executing a cancellation. However, since any and all of our fees collected represent continuous service(s) and we do not allocate them across time and actual use, refunds are not considered and will not be given. If a User has outstanding financial obligations to us and/or another User, those obligations remain due and payable according to the terms herein or as contracted with another User party.
CAREERS: As users are attracted to the WS, PRP and "the Services", we expect growth and to have requirements for a solid and talented team of employees, covering a cross-section of performance opportunities, who want to be part of an exciting Internet start-up company. Our innovations are designed to help Buyers and Suppliers/Sellers facilitate, through their own efforts and decisions, a mutually successful 360 degree Purchase Order Contract through an online, safe, secure, time-saving and lower cost process. We are helping to shape the future of competitive and ethical online "reverse search", buying, selling, supplying and paying, which collectively could continue its current growth rate of exciting, high double digit percentages to infinity for all businesses and consumers on "Main Street" America and around the globe. Should anyone wish to express their interest to us about job role(s) they believe they are experienced with and suited for, they may want to e-Mail us at info@FocusedBuyer.com.
COPYRIGHTS: All contents and all materials of the WS, PRP and "the Services", including but not limited to, the web site itself; its functional process; design(s); graphics; text; databases; code(s); presentation(s); forms; instructions; interchanges; interfaces; data entry; data capture; actions; responses; channels; and the choices, selections and arrangements thereof, etc Copyright © 2010 - 2012 FocusedBuyer LLC, PreciousPayment LLC and www.FocusedBuyer.com. All rights reserved. We respect the intellectual property rights of others and all users of the WS, PRP and "the Services", in all scenarios, should also respect these rights. Any user(s) action(s) taken or executed, including but not limited to content(s) and material(s) reproduction, replication, distribution, modification, other methods of copying, database manipulation, mining or extraction or electronic technology imposed/attached tracking and copying, for the purpose(s) of anyone"s commercial or anyone"s private gain or a 3rd party(s) commercial or private gain including resale of copyrighted content and materials, whether or not delivering a perceived or real expense/damage/impact to us, and done without our prior written permission from an authorized company officer is strictly prohibited and will be pursued to conclusion to the fullest extent of protective copyright law. Should anyone believe, without prejudice and in good faith, that any of our content and materials is an alleged violation or infringement upon their copyright(s), we will receive and accept written notice of same at firstname.lastname@example.org. We will review and respond accordingly to all notices with our findings to the return communication channel requested in the written notice, providing the following is included in the submitted notice: contact information including as a minimum name, eMail address and telephone number(s); a certification that the potential copyright infringement complaint is not frivolous, you are the infringed party or a duly authorized agent of said party, the submitted claim information is accurate under the possibility of penalty from perjury and the content or material use has not been and never properly preauthorized for our use; a definitive identification of and link to the copyrighted work that is charged to have been infringed; an exacting identification and location of the content and/or material claimed to be the source of the infringement complaint; and it must carry the signature of the authorized party primary to and/or bound to the ownership of the alleged copyright charge. We reserve the right to remove, change or modify the content or material at the source of and specific to an alleged infringement, regardless of the infringing party (users or us) or the type of content and material directly or indirectly involved in the complaint without prior notice, at our sole discretion and without responsibility or liability (commercial, financial, legal, consequential or otherwise) now or at any time in the future.
CURRENCY: Buying and Selling transactions and resulting Purchase Orders, Contracts, financial payment settlements, etc., facilitated by the WS, can be conducted in any agreed upon currency of choice. The cost payment responsibility of any/all Currency Exchange Fees and/or Currency Exchange Differential Charges (due to Exchange Rate settlements) is the responsibility of the agreed upon, designated party as outlined by the Purchase Order/Contract. The WS, PRP, "the Services" and "the Companies" are not party to, responsible for or in any way liable (commercially, financially, legally, consequentially or otherwise) for currency issues, problems or claims between or among parties using the WS, PRP or "the Services".
The use of the Precious®Payment settlement process requires all of the actual escrow payment transaction(s) to be executed in US Dollars. Any exchange rate fees, differential charges and risks are the Users responsibility and to their account.
All payments to FocusedBuyer LLC, whether it be for advertising, for subscriptions, for services, for Precious®Payment fees or for any other qualified and documented chargeable item(s) are to be executed in US Dollars. Any exchange rate fees, differential charges and risks are the Users responsibility and to their account.
CUSTOMER SUPPORT: We are committed to providing a safe and secure purchasing process, an easy to use purchasing process, a helpful purchasing process and a cost efficient purchasing process for the Users of our WS, PRP and "the Services". If at any time and for any reason you need our direct interface support, please forward an eMail to us at email@example.com.
DISCLAIMER: We do not represent Users, including you, in any way, context, content, event, transaction or form (commercially, financially, legally or otherwise). The WS, PRP and "the Services" make available an online purchasing and payment portal, residing on servers and accessed via browsers, to help Users proceed generally through the searching, buying, selling and paying process and provide an organized, real time computerized alternative to Users who, through their own election, decide to formulate and create their own purchasing and/or selling documents. With regard to these User(s) selections, the WS, PRP, and "the Services" may have posted, general content/information/examples concerning the process of buying and selling whether transacted online or offline. We attempt to post general content/information/examples that are current and useful and take every reasonable precaution to maintain it as such but it is not advice of any kind (commercial, financial, legal or otherwise) and is not guaranteed or warranted to be current, correct, complete or in any way uniquely specific to your intended buy or sell requirement or transaction. The WS, PRP, "the Services" and any portion of their contained general content/information/examples could have links to other Internet content/information/examples/businesses/websites/etc. and we disclaim, unless we have identified otherwise, any relationship with, affiliation with, association with, agency with, partnership with, contractual agreement with, sponsorship of, guarantee of or any right or claim to use any of their content, copyrights, marks, etc. The use, of the "AS IS" and "AS AVAILABLE" WS, PRP and "the Services," is completely and totally at the/any User's own risk. We are not responsible or liable (commercially, financially, legally, consequentially or otherwise) for any loss, damage, injury, liability, claim, failure or arbitration related to or evolving from the use of the WS, PRP and "the Services", the exchange of products, items, goods and service(s) having been facilitated by the WS, PRP, and "the Services" or the actual visit to or use of any site linked to the WS, PRP, and "the Services".
DOWNLOADS: We allow Users restricted permission to download, print and copy content examples found on the WS, PRP and "the Services" for their own informational use; for their own personal, non-commercial use; for their own consumer, non-commercial use; and for their own business use that does not, in any way, compete with the "services" provided by FocusedBuyer.com and PreciousPayment. The restrictions to this permission (that if breached will immediately revoke, without notice being required, download permission) include the Users" understanding of, acceptance of and agreement to 1) recognize and comply with all of our copyrighted and trademarked requirements; 2) not modifying the content examples or other content in any way, shape or form for any commercial use and/or competitive use against us; 3) not taking or using the process, database, computer code, software, content examples or other content to create a competitive business or to improve a competitive process or the competitive position of an existing competitor; 4) not taking to or using the process, database, computer code, software and content examples or other content on any other Server, Internet Web Site or networked computer arrangement/set-up regardless of intent or passing it in any way to any other party who has an unauthorized use, downloading, printing or copying intent; and 5) not downloading, printing or copying in any mass way for any mass reason without our prior written permission. Any unauthorized use of the process, database, computer code, software and content examples or other content is strictly prohibited. Any breach of this Downloads provision also allows us to immediately terminate the breaching User's right, without notice, to continue as a registered User or to have any access to the WS, PRP and "the Services".
ELECTRONIC DELIVERY: By registering on/at the WS, Users automatically consent to receive any/all communications from us and we then reserve the right to communicate with Users through any contact delivery means available to us including but not limited to eMail, land line phone, mobile/cellular phone, fax, postal mail, courier, express services, etc. The contact delivery destination(s) of communication(s) intended for and to Users can be those provided to us by the Users in confidence, provided to us by Users without restrictions or to other publicly known URLs, addresses, phone & fax numbers of any Users. Users understand, accept and agree that our communication(s) minimum requirement and only delivery obligation is through some/any form of electronic transmission to the last known contact delivery destination. The delivery of any/all Notices from us through any/all communication attempts is effective when sent by us, regardless of whether or not the communication was read by the User(s). Users also understand, accept and agree that we are not responsible or liable (commercially, financially, legally, consequentially or otherwise) for failures of communication or failure to communicate with Users in any given instance or in multiple instances, whether or not the failure was caused by us or by the contact delivery means for any reason or under any circumstances. Users may withdraw their consent to receive communications and/or Notices electronically by specific request via firstname.lastname@example.org. Withdrawn consent by Users reinforces our disclaimers, is not recommended and could lead to termination of registration and use of the WS, PRP and "the Services". All registrations, agreements, subscriptions, listings, offers, purchase orders, contracts, contract performances, database information, contracted or subcontracted services, PRP payment settlements, advertising, disputes, dispute resolutions, arbitrations and TSU provisions are completed or delivered electronically and are judged for all legal purposes to be in writing and legally enforceable as a signed writing.
EXPORT/IMPORT RESTRICTIONS: Purchase Orders and Contracts transacted by Users for products, items, goods and services and facilitated by the WS, PRP and "the Services" must comply with any/all import or export laws and regulations of the United States or any other country involved in the execution of the commercial transactions. Users acknowledge, understand accept and agree to not violate these regulations and laws under any circumstances (directly or indirectly) or under any prohibited purpose including but not limited to restrictions, agency requirements and agreements, authority overviews/inspections/oversights, illegal activities, product/item/goods/services bans/embargos, country transit flow through requirements, environmental requirements, re-exportations, sales incentives/commissions/bribes, dealings with individual populace of countries and entire country blockades/embargos. Also, whether or not any probable violations were known to Users at the time of the transaction executions can not be used as a legal defense. Users acknowledge, understand, accept and agree that we are not responsible for or liable (commercially, financially, legally, consequentially or otherwise) for any/all User violations of export/import laws and regulations.
FEEDBACK: Users of the WS, PRP, and "the Services" are welcome to comment and encouraged to provide feedback (positive, negative or otherwise) to us. We desire feedback from Users that may help us improve the WS, PRP, and "the Services" performance in the categories of access or use or impacts or results or other areas. Any determination(s) or actions by us (resulting from your feedback) or any specific use of your feedback becomes our property. Response(s) to you about your feedback may or may not occur and schedules or timelines are not applicable. Feedback can be communicated to us using the FEEDBACK button on our Site Map or through email@example.com. We are not responsible or liable (commercially, financially, legally, consequentially or otherwise) for any failure to act/respond by us on any/all submitted feedback from Users.
FORMS, FORMATS, DOCUMENTS, EXAMPLES & REFERENCES: The WS, PRP, and "the Services", do not present, represent or provide these to Users as advice, recommendations or counsel (commercial, legal or otherwise) in any way. Users review and decide independently, specifically and without our input (unless separately contracted for between us) to what use these will be deployed to help Users in their searching, listing, selling, offering, buying, contracting, supplying, paying and archiving efforts. Any references to a Supplier's/Seller's offer/quotation/proposal number on a Buyer's Purchase Order document(s), regardless of how the number was entered in or placed on said documents, is solely and strictly for the Buyer and its employees use for project tracking purposes and does not alter or impact or negate the documented, prevailing Buyer's terms and conditions of purchase including, but not limited to commercial, technical and legal agreements.
FRAUD PREVENTION: Users need to remain cautious and diligent about recognizing and preventing Internet fraud, scams, illegalities, identity theft, embezzlement and other forms of theft, financial irregularities and crime (including any that may be internal to a User's organization or company) around any/all personal and commercial online buying, selling, paying and advertising practices and transactions. Should you suspect/detect any form of the aforementioned, please immediately contact the proper authorities including local law enforcement. In the USA, the Federal Trade Commission (FTC) works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid it. The FTC can be reached at Phone Hotline 877-382-4357 or the Online FTC contact at www.ftc.gov. The FTC enters Internet, telemarketing, identity theft, and other fraud related complaints into "Consumer Sentinel", a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. Likewise for mail fraud, the U.S. Postal Inspection Service can be reached at Phone Hotline 877-876-2455 or the Online U.S. Postal Inspection Service contact at www.postalinspectors.uspis.gov. We can be reached and notified at firstname.lastname@example.org. The WS, PRP and "the Services" provide web site pages to conduct buying, selling, contracting, paying and advertising over secure and unsecure pages. Our secure pages will be identified with an "s" following the "p" in http:// thus becoming and being shown as https://. It is the Users responsibility to ensure that private, confidential, sensitive and financial information and data is exchanged only over secure pages. We provide Users a facilitated WS opportunity to enter into legally binding purchase order contracts and a PRP method for safe and secure payments or financial settlements. Users acknowledge, understand, accept and agree that we are not responsible or liable (commercially, financially, legally, consequentially or otherwise) for fraud, etc. that is a result of Users unsafe or unsecured use, for any reason (known or unknown), of the WS, PRP and "the Services".
FUTURE TERMS: Completely new or modified TSU provisions/guidelines/terms/requirements with general applicability or with specific applicability to the MA, or the T's & C's or the PP may be added or updated and then posted by us from time to time. Users, whether or not they are cognizant of them, have or have not read them or do or do not understand them are bound to them for their continued use of the WS, PRP, and "the Services". The new or modified TSU additions/updates, as defined and presented, are then the controlling TSU immediately upon having been posted unless we have indicated differently. For clarification(s) of any existing or new/modified TSU or to cancel or change a User's use of the WS, PRP and "the Services", communicate to us via email@example.com.
GOVERNING LAW: Users acknowledge, understand, accept and agree that we are operated by and our services are provided by United States of America entities and the TSU, or any other potentially court determined aspect of the WS, PRP, "the Services" or "the Companies" or disputes arising out of or relating to the access or use of these or the laws directly applicable to us are solely and completely governed by the laws of and will be adjudicated in the State of Pennsylvania, USA with initial jurisdiction and due process being served and administered via the courts of Northampton County, Pennsylvania.
INDEMNIFICATION: Users acknowledge, understand, accept and agree to defend, indemnify and hold harmless the WS, PRP, "the Services", "the Companies", our authorized or contracted Suppliers, our employees, our agents, our directors, our officers, and our shareholders from/against any and all commercial, financial, legal, consequential or otherwise liabilities, damages, causes of action, losses, demands, fines, penalties, claims, recoveries, expenses (including attorney's fees, charges and costs), and other costs or monetary outlays of any kind or nature brought forth by any party and arising out of Users access to, use of, legal violations of, or breach of or in connection with content/material/information transmissions from the WS, PRP, "the Services", and the TSU.
INTELLECTUAL PROPERTY: Users acknowledge, understand, accept and agree to abide by and follow, without limitation, the law and its respective applicability to our Intellectual Property and Patent Pending rights and the Intellectual Property rights of all others directly or indirectly involved with access to and use of the WS, PRP, and "the Services". Users are not allowed to use beyond their personal use as intended by the WS, PRP, and "the Services", distribute or transmit to any 3rd party our Intellectual Property. Violation(s) of any aspect of our Intellectual Property Rights will be pursued by us to the fullest extent allowable under law as well as allowing potential denial of access and use of the WS, PRP and "the Services" to violating Users (whether or not in an accused circumstance or in actual conviction of the violations).
LIMITATION OF LIABILITY: Users acknowledge, understand, accept and agree that in no event will the WS, PRP, "the Services", "the Companies", our authorized or contracted Suppliers, our employees, our agents, our directors, our officers, our affiliates, our partners and our shareholders be responsible or liable to the Users or any 3rd Party for any direct, indirect, incidental, special, punitive, exemplary or consequential damages (for any reason, under any circumstance, for any connection with, regardless of how such issues, legalities or torts surface and regardless of whether or not the issue and/or the impact/result was known to us in advance) including but not limited to loss of: Privacy; TSU Rights; Business; Products; Sales; Purchase Contracts; Purchase Transactions; Our Services; Internet Use; Money; Profits; Data; Site Access; Process Control; Display(s); Delays; Secrecy; Virus Protection(s); Site Use; Revenue(s); Profits; Content; Materials; Good-Will; Corrective Actions; 3rd Party Impacts; Other Business, Personal or Economic Results; Any Other/All Intangible Impacts or Results. Our limitation of liability also applies, with or without notice(s) (before, during or after), with or without prior knowledge of and with or without prior planning and preparations to prevent, minimize or correct, instances of any cause beyond our control, including but not limited to, an act of war, terrorism, sabotage, government, God or an earthquake, flood, blockade, embargo, riot, labor dispute, labor shortage, software failure, server failure, browser failure, Internet failure and any other technical failure, interruption or glitch. If despite this limitation of liability, we are found responsible or liable for any aspect of the aforementioned, then our financial settlement will not exceed the cumulative total of fees and subscriptions paid to us over the course of one calendar year for each single User instance settled and awarded.
LINKS: The WS, PRP, and "the Services" may include or contain links (hyperlinks) to other Internet Sites and Content that are owned or operated or managed or controlled by other parties, resources or 3rd parties other than us. These links are available for User reference and their own decisive use. Users need to be aware of problems with and take precautions from viruses, defects, cookies, bots and other online negative or destructive impacts, etc. when moving from our WS, PRP, and "the Services" by choosing links to other sites. Users also acknowledge, understand, accept and agree that we have no control over "linked to sites", their content, their processes and their potentially harmful software or other impacts to Users and thus we are not responsible or liable (commercially, financially, legally, consequentially or otherwise) for any/all negative or destructive impacts to Users in any way, for any reason and to any User Hardware, Software, Content, Materials and Processes. Users are solely responsible and liable (commercially, financially, legally, consequentially or otherwise) for their interactions with others whether through links or directly through the WS, PRP, and "the Services".
MEMBERSHIPS, FEES and BILLINGS: There is no cost to anyone to search the categories of items, products, goods and services, etc. being queried for purchase or actually being purchased. There is no cost to Buyers to register, to make Listings, and to enter into Purchase Order Contract(s). There is no cost to Suppliers/Sellers to register but there is a small yearly subscription fee, after any given promotional trial period ends, for them to make offers and to enter into supply Contracts with Buyers. Both Buyers and Suppliers/Sellers are able to separately contract with us to take advantage of fee-based services provided by us. These services are independently and freely selected by the Buyers and/or by the Suppliers/Sellers from a defined a la carte menu of services. If Buyers or Suppliers/Sellers elect the Precious®Payment option for financial settlement of the Purchase Order Contract, both parties will be charged an equal monetary amount to cover the full interchange cost for us to execute and administer a very competitive and fully electronic transfer of funds. This charge is authorized by the Buyer and added to the PO amount to be transferred from a Buyer's debiting account for placement into the deposit only Precious®Payment escrow account. An equal charge is also authorized by the Supplier/Seller and deducted from the PO amount due the Supplier/Seller in the process of the PO amount being transferred from the Precious®Payment escrow account to the Supplier/Seller chosen crediting account. The price(s) stated and/or charged, unless stated or presented otherwise, excludes taxes, other governmental fees, packaging and handling charges, transportation or delivery charges and forwarding/importing/exporting charges. Prices are subject to change at our discretion and at any time and are effective upon WS, PRP, and "the Services" postings or through direct communications with Users. In no case will Users be charged changed pricing (up or down) until their current subscription or service contracted time period ends. If Users do not agree to any price changes, they must terminate use immediately before the price changes are effective to them and must proceed to cancel a chargeable, contracted subscription or service. Users that do not or fail to cancel and where we have notified and communicated with these Users that the subscription or service will convert to a higher paid version of same automatically authorize us to charge them using their known and pre-approved method of payment. All such charges are earned when billed and are non-cancellable and nonrefundable except as to our discretion related to customer service and support. Users must select a payment method to pay us for any and all fees, subscriptions, advertising and purchases made. Users must ensure all billing and payment information is accurate and current. Users authorize us to charge a designated open or credit account payment method, retain all information and data about the payment transaction and include all of our charges due plus taxes, fees, surcharges and other governmental charges. Users acknowledge, understand, accept and agree that they are responsible and liable for all such charges regardless of their membership status with us, that after 30 days of non-payment, the associated unpaid balance will be deemed delinquent and overdue, that we then have in addition to the right to terminate, the right to access a 1% per month late charge and we also have the right to use alternate methods and means to collect the late and outstanding charges for which Users are responsible for and liable for any and all additional costs to us, including attorney's fees accrued to/by us to pursue collection of Users' delinquent, overdue and late charges. Users should notify us, via firstname.lastname@example.org, concerning any and all billing issues, problems, uncertainties or discrepancies as soon as known but not later than 60 days after receipt of the billing(s). And if Users do not bring such to our attention within the timeframe specified, they agree that they have waived their right, subject to our final discretion and exception, to dispute (comercially, legally or otherwise) issues, problems, uncertainties and discrepancies.
NOTICE: Users may notify us of an interest, of an issue or for any/all other reasons through email@example.com or through the Feedback button on our Site Map. We may notify Users either through site postings or electronically and otherwise directed to them, with information that may be of interest to them, may be pertinent to the WS, PRP, and "the Services", may be legal in nature, may be legally required, may be incremental, additional or clarifying, may be important or critical to Users continued use of the WS, PRP, and "the Services, etc. Our sole obligation is that we have a confirmed attempt to notify and we have no further or continuing obligations to ensure that our notices reach a specific User or any/all of our Users.
OBLIGATIONS: A Buyer or Consumer can post a Listing and Request Information (an RFI) or Request an offer (an RFQ or RFP) but is not obligated or committed to having to respond to any Information or Offers returned and posted to the Listing or to those that sent in the responses and is not required, obligated or committed to enter into, at any time, a Purchase Order Contract respective of the Listing.
OTHER CONTENT: All User(s) content, whether posted privately through secure WS pages or publicly via unsecured WS pages, is the sole responsibility and liability (commercially, financially, legally, consequentially or otherwise) of the person, party or entity who originated and/or transmitted such content to the WS, PRP, and "the Services". We take no responsibility for or liability (commercially, financially, legally, consequentially or otherwise), for others' transmitted and posted content. Users retain all rights to their posted content but grant us global permission (free license) to review, summarize and act upon for statistical evaluation(s), advertising placement(s), fee-based services" fulfillment(s), WS, PRP, and "the Services" improvement(s), legal investigation(s) and User termination for breaches or bad faith behavior(s). We disclaim, under all circumstances, any and all relationship, including but not limited to Intellectual Property, copyrights, trademarks, authorship, ownership, endorsement, support, and representations to User content. Users require no prior approval(s) to post content. But Users are required to ensure content complies with all laws including the UCC, this TSU, good faith and fair business practices and acceptable societal and Internet norms. We reserve the right at all times, without obligation or timelines, to download and/or copy User content, to terminate Users, suspend Users, refuse to allow User content postings/distributions and completely remove and/or "warehouse electronically lock" User information and content.
OWNERSHIP: The WS, PRP, and "the Services" are owned and operated by FocusedBuyer LLC and/or PreciousPayment LLC. All rights, title and interest in and to every aspect of the WS, PRP and "the Services" including but not limited to their content, materials, forms, examples, documents, data, information, software and code, logos, images, copyrights, trademarks, service marks, Intellectual Property, patents, trade secrets, processes, offerings and any other proprietary rights are part of this ownership. Except as expressly provided differently, otherwise or as defined in the TSU by us, none of the aforementioned may be downloaded, transmitted or distributed to anyone in any form or through any process, copied, republished, reproduced, uploaded, displayed or posted anywhere at anytime. Users have not been granted and have no real, construed, or implied license rights to that which is owned by us.
NEWS & PRESS: From time to time we could post (see link at our Site Map) information, event(s) summaries, stories, news about us, news related to us, upcoming event(s) locations and schedules, testimonials, content releases and other material communications we think of interest or valuable to our customer Users. We are under no obligations or timelines to post any news and/or press regardless of any User belief or concern that we should be doing so or should have done so.
RESOLUTION CENTER: Users are provided a resolution center and a resolution process (including mandatory, binding arbitration provisioned by this TSU and acknowledged, understood, accepted and agreed to by all Users during the registration sign-up process) for buying and selling disputes within the Contract Performance page(s) of the WS. Users are also provided a dispute (between us and Users) resolution process as outlined by this TSU.
SERVICE CHANGES: We may change, modify, add, delete, discontinue, or re-start any and all aspects of the WS, PRP and "the Services" at any time and without any notice including access to and use of them and fees, charges and billing methods for them. We reserve the right to suspend, log-off or terminate Users who have been inactive for any extended timeframe or who are found to ignore or breach the changes.
TAXES: All taxes, as required by law, are charged and billed as a separate line item and payable in advance or with credit prior to access to, use of or advertising on the WS, PRP, and "the Services". Taxes required of Buyers and/or Suppliers/Sellers as a result of any/ all Purchase Order Agreements and Contracts are the responsibility of the party so named in the Agreement or Contract.
TERMINATION: Either Users or We may terminate membership, subscription or paid services at any time and for any reason. Except as otherwise provisioned and defined, termination and/or cancellation of a User's account, is the Users sole right and remedy with regard to and respect to any dispute with us. All paid fees, subscriptions and charges are assumed to have been earned, fully vested and due with any termination. No credits, refunds, reimbursements are due and none will be given for any reason (unless decided and authorized by us as exceptional circumstance(s) to aid customer support or to prevent undeserved harm to our brand) to any User.
TRADEMARKS: FocusedBuyer, FocusedBuyer.com, FocusedWords, PreciousPayment, FocusedBuying, FocusedSelling, FocusedAdvertising, the magnifying glass as applied to the WS, PRP and "the Services", all site images, all site page headers/footers/layouts, all site navigation (NAV) bars, all site logos, all site text, certain and specific site content, and all site clickable icons are trademarks or service marks or interaction presentation(s) of FocusedBuyer LLC and/or PreciousPayment LLC with the full force of common law or individually filed legal protections. Anything else falling outside of our protected areas and properly documented and filed are the property of their respective owners.
TRIAL PERIOD(S): Users acknowledge, understand, accept and agree that when they have specifically and successfully registered for a trial period usage that when that trial period is closing and coming to an end, they must initiate a cancellation and effectively cancel the subscription or service before the trial period ends to avoid incurring new, fully earned charges from us. Unless we notify Users otherwise (such as a trial period extension), Users that do not or fail to cancel and where we have notified and communicated with these Users that the subscription or service will convert to a paid version of same automatically authorize us to charge them using their known and pre-approved method of payment. All such charges are earned when billed and are non-cancellable and nonrefundable except as to our discretion related to customer service and support.
UNSOLICITED COMMUNICATIONS/SUBMISSIONS: Users acknowledge, understand, accept and agree that they are solely and fully responsible and liable (commercially, financially, legally, consequentially and otherwise) for any and all unsolicited feedback, postings, content, materials, comments, information, impacts or negative results (whether directly or indirectly associated with and targeted for the site, site Users, 3rd Parties or us) that cause or create illegalities and/or judicial proceedings of any kind between or among any User(s), 3rd Party(s) or the WS, PRP, the "Services" and "the Companies". Users solely own the legality, reliability, originality and appropriateness of the content of such communications. Users acknowledge that they will never initiate or cause to initiate by another party bulk communications of any kind through any media or communication format and that we have the right to implement any technical or legal remedy to prevent bulk communications from entering or being deployed within the WS, PRP and "the Services". Users are hereby made aware, that by submitting unsolicited communications to the WS, PRP, "the Services" and "the Companies" by eMail, fax, phone, WS postings or otherwise, including but not limited to questions, ideas, pleas, comments, outrages, testimonials, reviews, suggestions and other forms of submissions, they lose any/all confidentiality of the communications content and grant us a non-exclusive, charge/commission/royalty free, infinite, perpetual, transferable, irrevocable, global, titled interest in and totally sub-licensable right to: use; share; modify; explain; summarize; adapt; copy; reproduce; translate; publish; distribute; post to other sites; and develop our own new content derived from them. Users acknowledge that we may exercise these rights without notice of any kind or future interference(s) from them. We have no obligations to post Users unsolicited Communications and Submissions and if posting proceeds and is successful, we can remove them at any time for any reason.
USE OF WS, of PRP, of "the SERVICES": The WS, PRP, and "the Services" are made available for Users" business use on behalf of the business itself and/or Users" personal use on their own behalf.
WAIVER: The failure of the WS, PRP, "the Services" or "the Companies" to enforce any right of, provision of or User non-conforming/illegal use of this TSU will not be deemed a waiver of such rights as defined by this TSU. And should any one or more of the TSU rights/provisions be found invalid or unenforceable, the remaining provisions of this TSU will remain in full force and effect.
WARRANTY: Users acknowledge, understand, accept and agree the WS, PRP, and "the Services" are made available to them on an "AS IS", "AS AVAILABLE", "AS ACCESSED", "AS ALLOWED USE" basis and as such any and all issues including but not limited to faults, errors, impacts, detriments, blockages, accuracies, timeliness, delays (commercial, process, technical or otherwise for any of these) are not warranted. While in use or because of use, we do not guarantee Users: impossibility of interruption(s) or schedule/time/timing impacts; no data losses; no possibility of error(s); no hardware/software problems; or no chance of security lapses and/or failures. While in use or because of use, we do not give Users or any 3rd Party any express warranties, guarantees or conditions. While in use or because of use, we specifically exclude any and all implied warranties from Users or any 3rd Party inclusive of merchantability; fitness for a particular purpose; title; required and acceptable quality; accuracy; reliability; workmanship; freedom from infringement; that the site/content/materials meet anyone's requirements; and any/all issues arising from the course or process of purchasing, trading, transacting, paying or dealing in any way, shape or form. No verbal or oral exchange or written information or advice of any kind given or offered by us or an authorized representative of us shall create a warranty or in any way change the scope of this warranty. In summary we, to the fullest extent permitted by law, disclaim all warranties of any kind. Users or 3rd Parties may be entitled to specific or special rights under certain local, state, federal or country law(s) and not any part of this warranty is designed to prevent Users from pursuing such rights that are indeed applicable under law.