Effective Date of Current Policy: April 16, 2018
Michael Hyatt & Company, LLC (“Full Focus Journal®”, “we” or “us”) operates the website located at www.fullfocusjournal.com (the “site”) and markets and sells journals that can be purchased alone or as part of an annual subscription (the “Subscription”). The following terms and conditions (the “Terms of Use”) govern your access to and use of the site and Subscription.
Please read the Terms of Use carefully before you use the site or Subscription. By using the site or Subscription, you agree to these Terms of Use, including our Privacy Policy, found at Privacy Policy without qualification or limitation. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the site or Subscription.
PRIVACY
Full Focus Journal® is committed to helping you safeguard your privacy. Please review our Privacy Policy for details about how we collect, use, and disclose your information. By using the site or Subscription, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
ELECTRONIC COMMUNICATION
By accessing, browsing or using the site or Subscription, submitting your information through the site or Subscription, or communicating with us through the site or Subscription, you consent to receive communications from us by e-mail. Any communications provided to you electronically satisfy any legal requirement that such communication be in writing. In order to access certain services on the site or Subscription, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the site or Subscription under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy. Excluding any content that may be submitted by members from time to time, we strive to ensure that the information on the site or Subscription is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate a promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on the site or Subscription will be available.
USER ACCOUNTS
As part of the Subscription you can create an account containing usernames, passwords, email addresses and other confidential information. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. This information may be used exclusively by Full Focus Journal® in an effort to create, manage and deliver certain products available on the site or Subscription. By creating an account you acknowledge that all information is true, and that you have not, and will not hold duplicate user accounts. User accounts are limited to one per person. Full Focus Journal® will not be responsible for duplicate charges, or product delivery that comes as a result of households having multiple accounts.
THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US
The Full Focus Journal® offers prepaid 12 month subscriptions (“Annual Subscriptions”) including four journals; the first is shipped immediately upon purchase and then every 85 days thereafter. Annual subscriptions will not be shipped in one shipment containing all four journals.
AUTOMATIC RENEWAL TERMS
With respect to the Full Focus Journal®, annual subscriptions are subject to automatic renewal 340 days after the original purchase date every year. You agree that Full Focus Journal® may submit annual charges to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before we were notified.
PREPAID ANNUAL SUBSCRIPTIONS
By purchasing an Annual Subscription, you agree and acknowledge that your subscription has an initial prepayment feature for 12 months of service and a recurring Subscription renewal fee at the Subscription rate at which you originally purchased until you cancel your Subscription renewal. You accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Full Focus Journal® after the expiration date of your payment card.
CANCELLATION POLICY FOR ANNUAL SUBSCRIPTION RENEWALS
You may cancel your current Annual Subscription renewal at any time prior to the renewal of your current Subscription term. To do so, please send us a message at [email protected] and we will be happy to do this for you.
REFUND POLICY FOR ANNUAL SUBSCRIPTIONS
Annual Subscription renewals cancelled during the first 30 days following delivery of the first journal may be refunded in full. Refunds will be based on the price paid for the Subscription. Beyond the first 30 days from delivery of the journal users are no longer eligible to receive a refund.
RETURNS, EXCHANGES, & REPLACEMENTS
Returns, exchanges & replacements may be granted at the sole discretion of Full Focus Journal®. We will issue a full refund for your purchase within 30 days of delivery for a single journal purchase or the first journal in a Subscription purchase. Beyond 30 days the purchase is no longer eligible for a refund. We do not offer exchanges. If your item arrived damaged please email us a photo of the damage and we will issue a replacement journal.
Full Focus Journal® reserves the right to refuse to issue returns or exchanges for any reason at its sole discretion. Full Focus Journal® is not responsible if users are sent duplicate product due to having multiple accounts with Full Focus Journal®. Returning a product to Full Focus Journal® without authorization will not result in a refund and you will be responsible for any additional shipping charges that are incurred by Full Focus Journal® as a result. Users agree not to refuse shipments from Full Focus Journal®. Refusing a shipment for any reason will not result in cancellation of a subscription plan, nor will it trigger a refund. Full Focus Journal® assumes no responsibility and liability for any refused shipments and additional shipping charges may apply.
SHIPPING INFORMATION
Full Focus Journal® reserves the right to adjust shipping methods or costs for any reason at its sole discretion. Orders received by 12pm CST will generally be processed within the next business day. Shipping rates for addresses outside the contiguous U.S. (Alaska, Hawaii, U.S. Territories, and APO and FPO boxes) will vary. Your order confirmation will indicate final shipping amount. Full Focus Journal® is not responsible for orders that are shown to be delivered by the postal carrier. Full Focus Journal® is not responsible to replace shipments where the address was entered incorrectly upon purchase. We are unable to update address information once a shipment is in transit. It is the responsibility of the customer to follow up with the carrier to update address information once a shipment is in transit.
The cost of shipping goes towards shipping the item only and not towards any additional customs fees and/or taxes that may be charged for international delivery. Customer is liable for any additional customs fees and taxes necessary to receive the package.
ANNUAL SUBSCRIPTION SHIPMENTS
Annual subscription shipments occur every 85 days, beginning with the initial purchase. Shipments do not align to the calendar quarter.
FRAUD PROTECTION
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
COPYRIGHT
Images of people, places or products posted on the site or Subscription are either the property of Full Focus Journal®, or are used by us with express permission. Unless otherwise noted, all content included on the site or Subscription, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Full Focus Journal® or its partners or affiliates and is protected by United States and international copyright laws. The compilation of the site or Subscription is the exclusive property of Full Focus Journal® and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on the site or Subscription is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications, regulations and statutes. You may use the materials or content on the site or Subscription only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on the site or Subscription, please contact us. You are granted a limited license to use the site or Subscription for personal use only. Such grant does not permit you to do any of the following: (1) use the site or Subscription or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the site or Subscription not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the site or Subscription in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the site or Subscription or to collect any information from the site or Subscription or any other user of the site or Subscription. Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the site or Subscription, and to block or prevent future access to and use of the site or Subscription for any reason or no reason. Upon termination, these Terms of Use will still apply.
DIGITAL MILLENNIUM COPYRIGHT ACT
Full Focus Journal® expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on the site or Subscription without authorization, you may notify us with the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; your contact information, including address, telephone number and, if available, email address; a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
CHANGES TO THE WEBSITE; DISCLOSURE
We further reserve the right to remove, delete, redact or otherwise modify content on the site or Subscription, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the site or Subscription may be out of date at any given time, and we are under no obligation to update such material. Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. If the site or Subscription contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the site or Subscription, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
DISCLAIMER
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the site or Subscription will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the site or the Subscription for any reconstruction of any lost data. YOUR USE OF THE SITE, THE SUBSCRIPTION, THEIR CONTENT OR ITEMS OBTAINED THROUGH THE SITE OR SUBSCRIPTION IS AT YOUR OWN RISK. THE SITE, THE SUBSCRIPTION, THEIR CONTENT OR ITEMS OBTAINED THROUGH THE SITE OR SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Full Focus Journal® HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL Full Focus Journal®, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE SUBSCRIPTION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUBSCRIPTION OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUBSCRIPTION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Full Focus Journal®, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your use of the site or Subscription, including use of its content, or (2) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the site or Subscription, any rights of any other person or entity, or any applicable laws, rules or regulations.
GOVERNING LAW
All matters relating to the site, the Subscription and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the site or Subscription shall be instituted exclusively in the federal or state courts in and for Williamson County, Tennessee, or a county contiguous thereto.
ADEQUATE EQUIPMENT
Your use of the site or Subscription is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the site or Subscription and it is your responsibility to ensure the equipment’s functionality.
MISCELLANEOUS
From time to time we may revise these Terms of Use to reflect changes in the site or Subscription or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time in our sole discretion. Your continued use of the site or Subscription means that you accept and agree to these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. You will know if these Terms of Use have been revised since your prior visit to the site by referring to the “Effective Date of Current Policy” at the top of this page. We control and operate the site and Subscription from the United States. If you choose to access the site or Subscription from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any merchandise purchased from the site or Subscription will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. No waiver by Full Focus Journal® of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Full Focus Journal® to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Full Focus Journal® with respect to the site and Subscription and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the site and Subscription. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.