Welcome to our website. By using our site, you are agreeing to comply
with and be bound by the following terms of use. Please review the
following terms carefully. If you do not agree to these terms, you
should not use this site. The term “Focal Point” or “us” or “we” or “our” refers
to Focal Point, L.L.C., the owner of this website. The term “you” refers
to the user or viewer of our website.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior
to using the Site.
2. Copyright.
The content, organization, graphics, design, photography, compilation
and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except
as allowed by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through
the Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials. Some
of the content on the site, such as photography, is the copyrighted work
of third parties.
3. Service Marks.
"
Focal Point", “The Art of Light”, “Apollo”, “Avenue”, “Birdie”, “Elytra”, “Evolution”, “Focus”, “Groove”, “Luna”, “Metro”, “Sky”, “Skydome”, “Skylite”, “Softlite”, “twelve”, “Vision” “Verve” are
our service marks or registered service marks or trademarks. Other product
and company names mentioned on the Site may be trademarks of their respective
owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you maintain all
copyright and other policies contained therein. No print out or electronic
version of any part of the Site or its contents may be used by you in
any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as “Content and Materials”)
therein are subject to the following restrictions and prohibitions on
use: You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by
any means all or any portion of the Site or any Content and Materials
retrieved therefrom; (b) use the Site or any materials obtained from
the Site to develop, of as a component of, any information, storage and
retrieval system, database, information base, or similar resource (in
any media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism; (c) create
compilations or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in any manner that
may infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove, change
or obscure any copyright notice or other proprietary notice or terms
of use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the
Site; (i) use the Site for the purpose of gathering information for or
transmitting (1) unsolicited commercial email; (2) email that makes use
of headers, invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k) export
or re-export the Site or any portion thereof, or any software available
on or through the Site, in violation of the export control laws or regulations
of the United States.
6. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove
or obscure, by framing or otherwise, advertisements, the copyright notice,
or other notices on the Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue providing links to
the Site immediately upon request by us.
7. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise reliable. We
may make changes to the features, functionality or content of the Site
at any time. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
8. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not transferable
or assignable.
9. Disclaimer.
The information, content and documents from or through the site are provided "as-is," "as
available," with “all faults”, and all warranties, express
or implied, are disclaimed (including but not limited to the disclaimer
of any implied warranties of merchantability and fitness for a particular
purpose). The information and services may contain bugs, errors, problems
or other limitations. We have no liability whatsoever for your use of
any information or service, except as provided in section 17(b). In particular,
but not as a limitation thereof, we are not liable for any indirect,
special, incidental or consequential damages (including damages for loss
of business, loss of profits, litigation, or the like), whether based
on breach of contract, breach of warranty, tort (including negligence),
product liability or otherwise, even if advised of the possibility of
such damages. The negation and limitation of damages set forth above
are fundamental elements of the basis of the bargain between us and you.
This site and the products, services, documents and information presented
would not be provided without such limitations. No advice or information,
whether oral or written, obtained by you from us through the site or
otherwise shall create any warranty, representation or guarantee not
expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained
within the electronic file containing a form or document is disclaimed.
10. Limitation of Liability
We shall not be liable for any loss, injury, claim, liability, or damage
of any kind resulting in any way from (a) any errors in or omissions
from the Site or any services or products obtainable therefrom, (b) the
unavailability or interruption of the Site or any features thereof, (c)
your use of the Site, (d) the content contained on the Site, or (e) any
delay or failure in performance beyond the control of a Covered Party.
12. Information and Press Releases.
The Site contains information and press releases about us. We
disclaim any duty or obligation to update this information or any press
releases.