Conditions Governing All Users of Services
The Services are available only to Users:
- Who are human (not bots, except for certain authorized API users) and 18 years of age or older.
- Who submit truthful and accurate information about themselves and maintain the accuracy of such information.
- Who do not impersonate any other person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.
- With a valid email address.
- Who do not to authorize others to use their contact information.
You acknowledge that portions of the Site are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
Trademarks; Copyrights; Proprietary Rights
eFocus owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site ("Agency Content").
eFocus owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with Agency Content, and the Site.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Agency Content in whole or in part except as expressly authorized in writing by eFocus. eFocus does not grant any express or implied rights in eFocus Content to Users, and all rights in and to the Sites and to Agency\'s Content are retained and reserved by eFocus.
Agency Warranties and Limitations
eFocus provides the Site "as-is". Agency provides no express warranties, guarantees, or conditions related to the Site. To the extent permitted by law, eFocus disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement, and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Agency does not warrant that the Site will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User. Users may have additional rights as a consumer under local law that this Agreement cannot change.
LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
eFocus does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will eFocus or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Users.
Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically and without limitation, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
Miscellaneous Clauses
Electronic Form. By accessing the Sites or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If eFocus must send you additional information regarding the Sites or our Services, or in connection with this Agreement, you consent to receiving this information electronically. eFocus may provide required information to you by email at any address you provided via the Site. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. eFocus is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Entire Agreement. The Terms of Service (along with the Privacy Policy) constitutes the entire agreement between you and eFocus and govern your use of the Site, superseding any prior agreements between you and eFocus (including, but not limited to, any prior versions of the Terms of Service).
To ask questions or comment about this policy and our privacy practices, contact us at sub@efocus.com.
PRIVACY
The information provided during this registration is kept private and confidential, and will never be distributed, copied, sold, traded or posted in any way, shape or form. This is our guarantee.
INDEMNITY
You agree to indemnify and hold us,. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you receive, submit, reply, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ,. AND US, IT'S CUSTOMERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
By registering and subscribing to our email and SMS service, by opt-in, online registration or by filling out a card, "you agree to these TERMS OF SERVICE" and you acknowledge and understand the above terms of service outlined and detailed for you today.
eFocus
1111 Linden Dr, Billings, MT, 59105
+14062069608
sub@efocus.com
PRIVACY POLICY
Introduction
The creator of this website is the data controller and we are responsible for your personal data (referred to as "we", "us" or "our" in this notice) through your use of this Site.
For the purposes of our Policy, when we refer to "you" we mean any past, current or prospective customer, including a visitor to this Site.
You grant us permissions outlined in this notice by clicking on "I agree" or by continuing use of this site after receiving this notification.
If you need to contact us about this Policy, please refer to the business contact information found in the Terms linked at the bottom of the Site.
This Policy does not cover any other data collection or processing. In the future, the data that you (and potentially any customers) will be governed by a separate agreement.
By providing us with your data, you warrant to us that you are over 13 years of age.
Data Collection.
We may collect from you the following data:
- First Name and Last Name
- Email Address
- Preferred Phone Number
- Business Name
- Postal Address
- Marketing and Communication Preference
- Technical Data including Cookies and Usage Data
Use of Data.
We may use your data to:
- Reply to your request for specific materials or resources,
- Reply to inquiries about products or services,
- Contact you with relevant information including newsletters,
- Contact you marketing and/or promotional offers,
- Contact you with other information that may be of interest to you,
- Contact you with special offers,
- Contact you to participate in relevant surveys,
- Obtain feedback about the quality of service,
- Effectively administer and protect the Site.
Grounds of Processing.
Under General Data Protection Data Regulations, we have lawful grounds of processing your personal data because of your consent or our legitimate interests in responding to:
- Your general inquiry,
- Your inquiry about products or services,
- Your request for specific materials or resources.
We do not collect any Sensitive Data; including details about your race, ethnicity, religious or philosophical beliefs, sexual orientation, political beliefs, health, criminal history.
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interest.
Data Collection.
We primarily collect your data by the data you provide to us (Example - Providing Name and Email on this Site or sending an email to the business details found in the Terms). By using our Site, we may automatically collect certain data by using cookies and similar technologies.
We may use third parties located outside the EU such as Google search, Facebook advertising network, providers of technical services and fraud detection agencies.Marketing Communication.
Communication.
Under the Privacy and Electronic Communications Regulations, we may only send you email or text marketing communications if you made a purchase or asked for information from us without having opted out. If you are a limited company, we may still email you without consent. However, you can opt out at any time.
To unsubscribe or opt out of any communication, please contact us using the business details in the Terms at the bottom of this Site.
Disclosures.
Personal data may have to be shared with the following parties:
- Administrative service providers.
- Technical service providers.
- Professional service providers including lawyers & accountants.
- Government bodies.
- Third parties that may acquire or transfer parts or entirety of our business assets.
All parties with whom we disclose personal data to will be required to adhere to the law.
International Transfer.
We may share your personal data with companies outside of the European Economic Area (EAA).
As such, we are subject to the General Data Protection Regulations (GDPR) that protect your personal data. We will ensure the proper safeguards are in place whenever your personal data is transferred outside the EAA.
Security.
Reasonable security measures have been put in place to prevent loss, alteration, accidental disclosures. Only employees and authorized partners will have access to your personal data in order to process it as instructed. All your personal data is expected to be kept confidential.
If a data breach occurs, we have procedures in place that includes notifying you and any regulation body if we are legally required to.
Cookies.
As a data subject, you may set any browser to refuse all cookies or notify you of a cookie sent. If you do not accept any cookies, you may experience issues with this Site.
Information Storage.
We will retain your personal data for the length of time required for the purpose it was collected. As we process your personal data, we ensure it will be treated in accordance with this Privacy Notice.
Links to Other Sites.
Our Site may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
If you are a resident of the EEA, you have certain personal data protection rights regarding the right to request access, correction, deletion, restriction, transfer, object to processing data, data portability and (where lawful) withdraw consent.
Please contact the business information in the Terms to make any of the above requests. Note, we may ask you to verify your identify before acting on any request.
If you are dissatisfied with how we collect and process your data, we ask that you please contact us first so we can do our best to resolve. However, you have the right to complain to the Information Commission's Office (ICO) or your local data protection authority.
eFocus
1111 Linden Dr, Billings, MT, 59105
+14062069608
sub@efocus.com
