Terms & Conditions
1. Sale of Goods
Focmuty (“Seller”) hereby agrees to sell, and you (“Buyer”) hereby agree to purchase, the goods described and in the quantities set forth on the checkout page (“Checkout Page”), which is incorporated herein by reference (the “Goods”). The terms and conditions of this Agreement shall govern the sale of the Goods.
2. Purchase Price
Buyer agrees to pay the purchase price for the Goods as published on this Website (which price is attached to and incorporated into this Agreement).
3. Payment Terms
Buyer shall pay the purchase price in full in accordance with the payment due date indicated on the Checkout Page. Any unpaid purchase price shall be deemed overdue. All overdue payments shall be subject to a late fee calculated at one and one-half percent (1.5%) per month (amounting to an annual percentage rate of eighteen percent (18%)) or the maximum legal rate, whichever is lower. In addition, Seller shall be entitled to pursue any legal or equitable remedies provided under this Agreement, and shall be entitled to reimbursement from Buyer for all costs incurred by Seller in collecting past due amounts, including but not limited to attorneys' fees, court costs, and other expenses and disbursements.
4. Delivery
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Any delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver the Goods by the estimated dates; however, Seller shall not be liable for any failure to deliver by such estimated dates. Unless otherwise agreed by Seller in writing, the Goods shall be packaged in accordance with Seller's standard practices.
5. Limited Warranty
The sole warranty provided by Seller is as follows: “Goods purchased from this Website are free from defects for a period of one year from the date of purchase.”
This warranty is valid for one (1) year. Warranty services provided hereunder shall be subject to Seller’s warranty policy in effect on the date of shipment.
6. Disclaimer / Limitation of Liability
Except as otherwise expressly provided in this Agreement, Seller assumes no responsibility for the quality of the Goods or their fitness for any particular purpose for which Buyer may purchase them, and Seller disclaims all other express or implied warranties and conditions.
Seller (including its subsidiaries, affiliates, officers, directors, employees, agents, or subcontractors, hereinafter collectively referred to as "Seller Affiliates") shall under no circumstances be liable to Buyer or any other party for any special, indirect, incidental, consequential, or punitive damages arising out of or in any way related to the Goods or otherwise, including but not limited to loss of profits, loss of goods or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities, or services, downtime, loss of Buyer's time, loss of data, property damage, or any damages or sums paid by Buyer to third parties, even if Seller or any of its affiliates have been advised of the possibility of such damages. The foregoing limitation of liability applies whether any claim is based on contract, warranty, negligence, or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or any other legal theory.
In no event shall Seller or any Seller Affiliate be liable to Buyer or any other party for any loss, damage, or injury of any kind or nature arising out of or related to these terms and conditions in an amount exceeding the net purchase price actually received and paid by Buyer for the Goods under this Agreement.
Seller makes no warranty of non-infringement with respect to the Goods, and neither Seller nor any of its affiliates shall have any obligation to defend, indemnify, or hold Buyer harmless from any and all damages or expenses suffered by Buyer as a result of the Goods infringing any patent, trademark, or copyright.
7. Force Majeure
Seller shall not be liable for any delay or failure in manufacturing or delivering the Goods if such delay or failure is caused, in whole or in part, by acts, regulations, ordinances, or rules of any federal, state, provincial, or municipal government; strikes or other labor disputes; fires, floods, or other casualties causing total or partial destruction of the Goods or manufacturing facilities; shortages or unavailability of raw materials, labor, fuel, electricity, water, or other supplies; or any other causes, acts of God, contingencies, or circumstances beyond Seller's reasonable control. Seller shall determine, in good faith, the extent to which it can reasonably control the causes, contingencies, or circumstances affecting its performance.
8. General Provisions
Buyer may not assign this Agreement without the prior written consent of Seller. Seller is the sole intended beneficiary of this Agreement. In the event of any inconsistency between this Agreement and any other agreement accompanying or relating to the Goods, this Agreement shall prevail. This Agreement may not be modified, altered, or amended except by the written consent of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be void unless expressly agreed to in writing by Seller. If any provision of this Agreement is held to be unlawful or unenforceable, the legality and enforceability of the remaining provisions shall not be affected. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law principles. In the event of any dispute arising out of this Agreement, Buyer agrees to submit to the exclusive jurisdiction and venue of the courts located in Virginia, and hereby waives any objection to such jurisdiction and venue.
Blog and Message Board Terms of Use
Focmuty (“we,” “us,” or “our”) provides blog and message board services (along with the content posted thereon, collectively the “Service”), subject to these Terms of Use (“Terms”). All references to “we,” “us,” or “our” in these Terms refer to Focmuty and its affiliates. By accessing, creating, or participating in any blog or message board hosted by us (collectively, the “Blog”), you agree to comply with these Terms, which serve as consideration for our provision of the Service to you. Please read these Terms carefully before posting content or creating any Blog. We reserve the right to change these Terms of Service at any time at our sole discretion. It is your responsibility to regularly review changes to these Terms. Your continued use of the Service constitutes your acceptance of all such terms. If you do not agree to these Terms, please do not use the Service.
1. Disclaimer of Company Liability for Blog Content
You understand that all content posted to the Blog (“Content”) is the sole responsibility of the individual who originally posted such content. You also understand that all opinions expressed by users of this website represent solely their personal positions and do not represent us or any of our sponsors or partners. The views posted by you or other users on the Blog do not necessarily reflect our views.
2. Postings and License
(a) By posting your Content through the Service, you grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, fully transferable, assignable, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content, in whole or in part, and to incorporate it into other works in any form, media, or technology now known or later developed. You further warrant that you have waived all moral rights in and to the Content.
(b) By posting Content on the Blog, you warrant and represent that you own or otherwise control all rights to such Content, including but not limited to all rights necessary for you to provide, post, upload, input, or submit such Content, or that your use of the Content constitutes protected fair use. You agree not to knowingly provide materially false or misleading information. You also represent and warrant that the Content you provide does not violate these Terms. It is your responsibility to ensure that your posts do not disclose confidential and/or proprietary information, including personal financial information, information protected by non-disclosure agreements, or information you are not authorized to disclose. We remind you not to disclose personal information about yourself or your children, such as Social Security numbers, credit card numbers, etc.
(c) You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective directors, officers, and employees from and against any and all claims or demands (including reasonable attorneys' fees) arising out of or related to your use of the Blog, any Content you provide to the Blog, your violation of these Terms, or your infringement of the rights of any third party.
3. Access and Use
(a) You agree that under no circumstances shall we be liable for any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any Content posted on this Website. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree not to collect information about others (including email addresses) or use information obtained from the Service to send unsolicited emails of any kind to other users.
(b) This Blog is provided for informational purposes only; we are not responsible for the accuracy or availability of any information appearing or provided on this Blog.
(c) Blog posts may contain links to other websites. We are not responsible for such content, nor do we make any express or implied warranties regarding the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such posts. We are not responsible for any advertisements, products, or other materials on these websites or resources. The provision of a link does not imply our endorsement of the website or any association with its operators.
(d) We may allow you to create an account containing a username and password to access and use the Service. If you are permitted to create an account, you are responsible for maintaining the strict confidentiality of your password and are responsible for any activities conducted under your account and password. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security, and to ensure that you log out of your account at the end of each session. We shall not be responsible for any loss or damage arising from your failure to comply with these provisions.
4. Children
The collection of personal information from children under the age of 18 (“Minors”) through the Service or the Blog is strictly prohibited. No Content may be targeted at Minors. Minors are not authorized to use this Website, and we request that they do not submit any personal information to us.
5. Privacy Policy
Please review our Privacy Policy, which is accessible on this Website and is incorporated herein by reference.
6. Unauthorized Use of Materials
Please refer to the Website Terms of Use.
7. Termination of Access / Removal of Content
We reserve the right, in our sole discretion, to terminate your access to and use of the Service and/or remove any of your Content if we believe that your statements or conduct are inaccurate, unlawful, obscene, defamatory, threatening, infringing on intellectual property rights, invasive of privacy, harmful, objectionable, or otherwise in violation of these Terms or applicable law.
8. Disclaimer
Please refer to the Website Terms of Use.
9. Limitation of Liability
Please refer to the Website Terms of Use.
10. Mobile Terms and Conditions
Focmuty provides marketing and promotional email alerts (e.g., cart reminders) to its customers via email (the “Service”). Focmuty also provides order notification alerts (e.g., shipping information) to its customers via email (the “Service”). By participating in the Service, you agree to these Terms and our Privacy Policy.
Focmuty's headquarters is located at:
Registration and Opting In to the Service
Registration for this Service requires you to provide your email address and agree to these Terms and Conditions. You must consent to these Terms before the Service begins. Focmuty reserves the right to discontinue this Service at any time without prior notice. Focmuty also reserves the right to change the short codes, phone numbers, or RCS agents used to send messages, and we will notify you in such events.
By opting in to this Service, you:
A. Authorize Focmuty to send automated or AI-generated recurring messages at any time and frequency to the email address associated with your opt-in (i.e., the email listed on the opt-in form, or the email from which you sent the opt-in request if no form was used).
B. Acknowledge that you are not required to consent to receive messages as a condition of purchasing any goods.
C. Confirm that you are the subscriber for the relevant contact info, or that you are the customary user of the contact info under a family or business plan, and that you are authorized to opt in.
D. Consent to the use of electronic records to maintain your opt-in information. To request a paper or email copy of your opt-in confirmation, or to update your contact information, please call 1 (852) 6555-7188. To view and save an electronic copy of these Terms or your opt-in confirmation, you will need: (i) an internet-connected device (such as a computer or mobile phone); and (ii) a printer or storage space on that device. For an email copy, you will also need an email account accessible from that device and a browser or other software capable of displaying emails.
Content You May Receive
Once you confirm your opt-in to this Service at customerservice@focmuty.com, the timing and frequency of messages may vary based on your interactions and initiated emails. You may receive alerts regarding:
Subscription Status
Welcome Announcements
Sales and Promotions
Event Information
Product Launch Announcements
Cart Reminders
Back in Stock Alerts
Price Drop Alerts
Low Stock Warnings
Order Confirmations
Shipping Notifications
Delivery Updates
Fees and Carriers
Message and data rates may apply. Please review your wireless carrier service agreement or contact your carrier to understand your mobile pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any text message, data usage, or other charges (usage fees, subscription fees, etc.) incurred as a result of using this Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Focmuty may add or remove any wireless carrier from the Service at any time without notice. Focmuty and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Focmuty, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 27938 at any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Focmuty. You can also contact us at 1 (855) 465-1797. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 27938. This will provide you with toll-free numbers 1 (855) 465-1797. You can also contact us at customerservice@focmuty.com.
Arbitration and Class Action Waiver
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF FOCMUTY'S SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN COURT.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other Federal or state statute, regulation, or legal or equitable theory to the fullest extent permitted by law. You and Focmuty hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FOCMUTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
This Agreement does not permit class arbitrations even if the procedures or rules of the American Arbitration Association (AAA) would otherwise allow it. Instead, you and we are only entitled to arbitrate on an individual, bilateral basis. Furthermore, unless you and Focmuty agree otherwise in writing, the arbitrator may not consolidate more than one person's claims with claims of any other party, and may not otherwise preside over any form of a representative or class proceeding.
You and Focmuty shall each bear your own costs related to attorneys, experts, and witnesses, as well as any other expenses associated with the arbitration. However, for claims that do not exceed $75,000, Focmuty will pay the administrative or filing fees of the arbitration, including arbitrator fees and/or other AAA case management fees, unless the arbitrator determines that the claim is frivolous. Otherwise, the AAA rules regarding fees and payments shall apply.
This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any provision within this section (Arbitration and Class Action Waiver) is held to be unlawful, void, or unenforceable to any extent, such provision shall be excluded to the extent of its invalidity or unenforceability; all other provisions of this Agreement shall remain in full force and effect; and to the extent permitted and practicable by law, the invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that comes closest to expressing the intention of the invalid or unenforceable provision. If the application of this severability clause would have a material adverse effect on the economic substance of the transactions contemplated under this Agreement, the party adversely affected shall be entitled to compensation for such adverse effect, provided that the invalidity or unenforceability of the clause is not due to gross misconduct by the party seeking compensation.
Changes to Terms
These Mobile Service Terms and Conditions are subject to change at any time without prior notice.
11. Acceptance and Acknowledgment of Terms
By using this Website, you express your acceptance of these Terms. You acknowledge that you have read and agree to abide by these Terms as well as any other usage agreements we may have with you, including the Website Terms of Use that govern your conduct. Should you have any questions, please feel free to contact us at: customerservice@focmuty.com