Terms & Conditions
AGREEMENT TO TERMS AND CONDITIONS
USE OF THE SITE AND SERVICES
This Site and the services and/or products offered on this Site are intended for the individual use of customers of Focused Momentum. Unless you have entered into a separate License Agreement with Focused Momentum, the products and/or services are not for release in corporate systems or re-packaged for re-sale or distribution as a group or sub-groups. They are not to be shared on websites or blogs or through other media channels.
All materials, including but not limited to images, text, diagrams, workshops, videos, tangible and intangible products, and the organization and presentation of these materials on this Site are the property of Focused Momentum and may be protected by intellectual property laws, including but not limited to U.S. and international laws governing copyright, trademark, trade name, domain names, etc. Unless you have entered into a separate License Agreement with Focused Momentum, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the materials found on this Site or in Focused Momentum workshops, in whole or in part. Making, reproducing or distributing copyrighted or other protected materials without prior authorization will be considered illegal use, and Focused Momentum reserves the right to defend our works against such use, including but not limited to prosecution by law.
Focused Momentum services and materials are not available to competitors of Focused Momentum. Determination of whether you are a “competitor” is solely per Focused Momentum’s discretion and access to services and any licenses will be denied on this basis.
Focused Momentum materials are proprietary. If you wish to use Focused Momentum materials other than for personal use on a limited basis, you must request permission to do so which will be reviewed on a case-by-case basis. Please specify if this is a request from outside the United States of America, the intended use, the specific materials requested and your contact and company information. All requests shall be determined at Focused Momentum’s sole discretion and may or may not be granted.
Contact Focused Momentum at [email protected] for Multi-User licenses and other opportunities to purchase and use Focused Momentum copyrighted materials.
LIMITATIONS OF LIABILITY
INFORMATION WE COLLECT: what it is
1. INFORMATION WE COLLECT: what it is
Under this Policy, information that could be used to identify or contact you is considered “Personal Information”. The type of information we collect from you is either information: (i) you provide to us, or (ii) it is collected automatically. You may provide information to us that is specific to you (personal information) including your first and last name, contact information, email address, Username, physical address and/or payment information which come directly to us or to our third party payment processors.
INFORMATION WE COLLECT: why we collect it
2. INFORMATION WE COLLECT: why we collect it
We may use your information, including your Personal Information, for the following purposes:
- To improve our site and for research and analytical purposes in either an aggregated or individual user basis
- To provide services (communication, response to inquiries, troubleshooting problems, processing orders, customer service purposes)
- To respond to subscriptions. You have the right and option to opt-out at any time. These subscription lists are managed through HubSpot and the minimum amount of Personal Information is collected for the purposes listed above
- Finally, we may use your information if it is necessary to protect our own rights and interest to resolve disputes, enforce our Terms and to respond to legal requests
INFORMATION WE COLLECT: how we use it
3. INFORMATION WE COLLECT: how we use it
We use the information that we collect in a variety of ways to provide services and operate our business, including the following:
Cookies and Tracking Technologies
Disclosure of Information
4. Disclosure of Information
Except as described in this Policy, we will not intentionally disclose the Personal Information (including any aggregated or individual data or client data) that we collect or store to third parties without the consent of the applicable user or Client. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
Nonpersonally Identifiable Information
Law Enforcement, Legal Process and Compliance
We may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
We also reserve the right to disclose Personal Information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Focused Momentum and its services, or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.
Change of Ownership
5. Your Choices
Access, Correction, Deletion
You may opt out from the collection of navigation information about your visit to our site by Google Analytics by using the Google Analytics Opt-out feature.
Opting out from Marketing Communications and Newsletters
Your California Privacy Rights
6. Your California Privacy Rights
We will not share any Personal Information or Personal Data with third-parties for their direct marketing purposes to the extent prohibited by California law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.
Third Party Cookies
7. Third Party Cookies
Minors and Children’s Privacy
8. Minors and Children’s Privacy
9. Data Security
We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Information and Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example; firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize Personal Data.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us as set forth in the “How to Contact Us” section.
If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
10. Data Retention
11. Data Breaches
Data Controller and Data Processor
12. Data Controller and Data Processor
The data controller of this website is: Cecilia Lynch dba Focused
Momentum, a California sole proprietorship. Our offices are at 2742 A Bush
Street San Francisco, CA 94115-2928.
Changes and Updates to this Policy
13. Changes and Updates to this Policy
How to Contact Us
14. How to Contact Us
LINKED WEB SITES
OUR COMMITMENT TO DATA SECURITY
PRICING AND BILLING
Discount codes are not transferable. Focused Momentum, in its sole discretion, reserves the right to decline to apply a discount code at any time, for any reason whatsoever.
Focused Momentum accepts MasterCard, Visa, American Express and Discover.