Welcome and thank you for visiting this website, which is owned and operated by Focus Consumer Healthcare, LLC (“FCH”). FCH maintains this website as a service to those in the internet community who are interested in its products, and it is intended to be informative, useful and fun. Access to and use of this website are subject to and governed by the terms and conditions set forth in it and all applicable laws. FCH may revise these terms and conditions from time to time, without notice, by updating this posting. Please use the Contact Us link if you have any questions, comments or concerns regarding this website.
The following are terms and conditions that apply to your use of this website. BY USING THIS WEBSITE OR DOWNLOADING MATERIALS FROM THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD FORMALLY SIGNED AND AGREED TO THEM IN WRITING. If you do not agree with any of these terms or conditions, please do not use this website.
You acknowledge and agree that all content and material on this website (“Contents”), including, but not limited to, text and images, is protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights and laws. The Contents are owned by FCH, its affiliates, or other third parties from whom FCH has licensed certain legal rights. All product names, whether or not appearing in large print or with the trademark symbol are trademarks of FCH, its affiliates, related companies or its licensors or joint venture partners. Any use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may violate without limitation, copyright law, trademark law, the law of privacy and publicity, and communications regulations statutes.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE INFORMATION IT CONTAINS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. FCH DOES NOT MAKE ANY WARRANTY OR REPRESENTATION THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, COMPLETE, SECURE, ERROR OR VIRUS FREE, OR THAT DEFECTS TO THIS WEBSITE, IF ANY, WILL BE CORRECTED. NOR DOES FCH MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE OR THE QUALITY OF ANY PRODUCTS, SERVICES, WEBSITES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE OR AS A RESULT OF THIS WEBSITE.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL FCH, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES ARISING OUT OF, OR INABILITY TO USE, THIS WEBSITE OR THE INFORMATION IT CONTAINS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON LAW OR IN EQUITY, OR WHETHER ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY OR BASIS EVEN IF FCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE ABOVE LIMITATIONS ARE VOID OR UNENFORCEABLE UNDER GOVERNING LAW, FCH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Upon a request by FCH, you agree to defend, indemnify and hold harmless FCH and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that arise from your use of this website. FCH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FCH in asserting any available defenses.
Dated Material Disclaimer
FCH will use reasonable efforts to include accurate and up-to-date information on this website. However, the passage of time can render information contained in, or linked to, this website outdated. You should consider the dates of issuance of all items and information contained in, or linked to, this website. You agree that FCH is not responsible or liable for any misimpressions that may result from your reading dated material. FCH does not undertake any duty to update, supplement, correct, comment on or modify any information contained on this website or any website to which it is linked.
Health Information Disclaimer; Use of Products
Any medical or health related information provided in this website is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider. You should not use the Contents of this website for diagnosing a health or fitness problem or disease, but should always consult a physician or medical advisor. All FCH products should be used as directed in accordance with instructions provided on the packaging of the product. Before using any medication, read all label information and keep the carton. It contains important information.
Links to Other Websites
Links do not imply that FCH sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted work displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyrighted work of FCH. You agree that FCH is not responsible or liable for the availability of, or content on, other websites or for supplementing, updating or correcting information contained on other websites.
FCH controls and operates this website from the company’s headquarters in Chattanooga, Tennessee. As a result, FCH makes no representation that materials on this website are appropriate or available for use in locations outside the United States. Each claim or statement about effectiveness of FCH products and/or each claim or statement comparing the effectiveness of FCH products to the effectiveness of other products is expressly limited to the United States unless otherwise specified in the website. Accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with all applicable local laws.
Use of Communications and User Submissions
Any communications or information you transmit to this website by electronic mail or otherwise to FCH shall be treated as non-confidential and non-proprietary. Although we welcome your comments and feedback with respect to this website or any of our products, we are not seeking and do not review any unsolicited ideas, suggestions or materials related to the development, design, manufacture or marketing of our products or the conduct of our business. This policy is intended to avoid confusion about the ownership of new ideas and concepts and to help protect you. By sending us any proposed ideas or other such information, you agree to transfer to FCH all of your rights and interests in such proposed intellectual property, ideas and information. You further agree that any ideas, concepts or know-how that you or individuals acting on your behalf provide to FCH can be used, reproduced, transmitted, disclosed or published by FCH or its affiliates without restriction or compensation.
Other Terms and Conditions
If any provision of this Agreement is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Agreement shall continue in full force and effect.
You agree that failure by FCH to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Information We Collect
In general, we have designed this website to minimize the amount of personal information collected and request only the information that is required to ensure that visitors can effectively participate in our activities and events. No personal information is collected from visitors to this website unless you provide it to us voluntarily and knowingly. On this website, you may be able to enter contests, subscribe to services or otherwise respond to certain offers and opportunities. In order to accomplish this, it may be necessary for you to voluntarily provide some of the following types of personally identifiable information: name, address, e-mail address, telephone number, fax number, and information about your interests and use of various products, programs and services.
We also may collect certain non-personally identifiable information when you visit one of our websites, as part of the standard operation of our server, by using Cookie Technology. This technology does not personally identify you or extract any information from your computer. Rather, Cookie Technology is used to provide an enhanced online experience, to measure and monitor the use of our website and to improve its design and content. The information this technology collects may include: the name of your Internet service provider, the date and time you accessed the website, the Internet address of the website from which you enter our website and where you go after you leave our website. Data that would personally identify you is known only when voluntarily submitted.
How We Use Information
If you voluntarily provide us with any requested information, we generally use that information for internal purposes only. For example, we may use this information to communicate directly with you, such as to respond to your inquiries, to inform you when you have won one of our contests, or to offer you additional information about our products, programs, services, promotions or offers that we believe may be of interest to you. Such responses will include information on how to opt out from receiving further information or services.
Certain information we receive online may on occasion be combined with our other records to enhance our ability to market those products or services we believe may be of interest to you. We never sell, rent or otherwise share any personal information we obtain with third parties, unless we have notified you at an e-mail address you provided that we intend to do so and have provided you with an opportunity to request that we not do so.
We may have to disclose personally identifiable information in response to legal requests, for example court orders, subpoenas or specific requests from law enforcement agencies. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this policy. We have, however, put in place appropriate physical, electronic and administrative safeguards to help prevent the unauthorized access and use of the information we collect online.
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems. FCH encourages parents to use the internet with their children. To make a child’s online experience safer, we recommend that parents teach children never to give personal information, unless supervised by a parent or a responsible adult.