Terms and Conditions
These terms and conditions form the Agreement between you (our Client) and DenSmith LLC. Your accessing of this website and/or undertaking use of our services indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. “Website” or “Site” refers to any Internet property URL, managed, or owned by Us including but not limited to www.DenSmith.com and www.iFocusToday.com and others as they are developed. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by lessons, videos, documents, email response, for the express purpose of meeting the Client’s needs in using the Company’s stated services/products. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
Confidentiality
Client records are regarded as confidential and will not be divulged to any third party, other than if legally required to do so by appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Where appropriate, we shall provide Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of our services and products.
Limited License
We grant to you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with our prior written consent or except where otherwise stated. This license does not include any resale or commercial use of this website or its contents; any derivative use of this website or its contents or any downloading or copying of information or commentary for commercial use.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any part of our website as long as the link does not portray us or our commentaries in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logo or other proprietary graphic or trademark as part of the link without our express written consent.
You may only access iFocusToday website if you have a fully paid subscription; only the registered subscribing member is permitted to access iFocusToday. Users that appear to be sharing login may be terminated without prior notice. Persons terminated under this clause are not entitled to refunds of unused portions of their subscriptions.
Intellectual Property Rights
All rights, including copyright, in this website are owned by or licensed to Dennis Smith personally. Any use of this website or its contents including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the express prior written permission of Dennis Smith.
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Dennis Smith and is protected by United States and International Copyright and Data Base Right Laws. The compilation of all content on this website is the exclusive property of Dennis Smith and is protected by United States and International Copyright and Data Base Right Laws. The above does not include file signature data submissions to the site/author and images/logos in relation to PayPal, Google Payments and other payment services.
All brand names used in this site are trademarks or trade names of their respective holders.
Participating in Public Forums
The communication forums we provide, such as the Q&A Community and message board, should be used with care. Any posting of information contained within these forums is the opinion of the person posting only and in no way reflect our opinions. You rely on information posted at your own risk. Please understand we cannot review these forums unless specific postings are brought to our attention.
You agree to indemnify us in full for any legal proceedings brought against us which are the direct result of your actions while using these forums. We shall not accept liability for:-
- any material posted including that which is defamatory, abusive, obscene, illegal or otherwise in breach of any person’s rights; or
- any material posted which makes any representations or warranties that the information and/or material contained on or accessible via a posting is accurate, complete, or current.
In consideration of your being allowed to use these forums you agree that the following actions shall constitute a breach of these Terms and Conditions:-
- Using those areas for any purpose in violation of any laws;
- Posting material that infringes on the intellectual property rights, privacy, or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
- Posting advertisements for or solicitations of business;
- Disrupting the normal flow of dialogue;
- Posting comments that are not related to the topic being discussed;
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying these areas or our website, or which, in our judgment, exposes us to any liability or detriment of any type.
We reserve the right (but we are not obligated) to do any or all of the following:-
- Record the dialogue in Online Forums.
- Investigate and remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to any or all of these areas and/or the website.
- Edit or delete any communication(s) posted on our website, regardless of whether such communication(s) violate these standards.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature;
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law.
Our liability to you or any third party, in any circumstances, is limited to $100.00.
Your Account
If you use our websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur using your account.
Solely to enable DenSmith LLC to use the information you supply to us, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights you have in your information, in any media now known or not currently known, with respect to your information.
Payment
Our Terms are payment in full prior to use of subscription portions of this Website. All Website content is licensed for a period of use only. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or the Courts. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Termination by Us
We reserve the right to terminate this Agreement for any reason whatsoever. We reserve the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party. If the site is terminated by Us for any reason, current members may be entitled to a pro-rata refund of unused portions of their membership fees.
Termination by You
You may terminate this Agreement upon notice to Us. After termination, you will no longer have access the Site or any portion thereof. The restrictions imposed on you with respect to Materials downloaded from the Site, your indemnity and all disclaimers and limitations of liabilities set forth in this Agreement shall survive the termination of this Agreement.
FEES EARNED
Due to the nature of the Site and the disclosure of the materials by Us to you for your personal use, our fees of are truly earned by your first access to the Site. As a result, there will be no refunds, in whole or in part.
Availability
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market.
We strive to work with partners to bring You 99% availability for our services however we do not warrant site availability to any level and are not responsible for any losses or affects of site not being available.
Log Files
IP addresses of visitors are logged for license administration, general administration, and trouble shooting purposes. The IP address indicates the location of your computer on the internet. Other than listed above, IP addresses are not used to track your session and are not linked to anything personally identifiable. This information may be aggregated to provide statistical information about the usage of our site.
Cookies
Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliates and partners may also use cookies.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Communication
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact link on our website.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
General
The laws of Massachusetts USA govern these terms and conditions. By accessing this website and using our services or buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Massachusetts courts in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will signify your acceptance to those changes and that you will comply with the Terms and Conditions current at the time you use the website.