Focus Dose LP
TERMS & CONDITIONS
Last updated: September 21, 2026
These Terms & Conditions (the "Terms") constitute a binding written agreement between the parties: FocusDose LP (collectively the "Company," "Focus Dose," "FocusDose," "we," "us," or "our") and you (collectively "you," "your," or "Customer"). To make these Terms easier to read, the services offered by Focus Dose, and on https://www.takestima.com, (the "Website") are collectively called the "Services".
The parties agree to the following terms:
Acceptance of Terms & Conditions.
THIS WEBSITE IS OPERATED BY THE COMPANY. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THIS WEBSITE OR THESE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. Your use of this Website is contingent upon your review and agreement to our Terms; Privacy Policy, our Shipping, Returns, Refunds, & Subscription Policy; Accessibility, Medical Disclaimer; and other posted related policies (the "Policies"). If you do not agree to the Policies then you are not permitted to utilize the Website. By making any use of our Website Services, and any purchase from us, you expressly agree to the Terms. YOU CONSENT AND AGREE THAT YOUR USE OF A KEYPAD, MOUSE, OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON, CHECKBOX, TO INPUT TEXT, OR TO PERFORM A SIMILAR ACT/ACTION WHILE USING OUR WEBSITE FOR THE PURPOSE OF ACCESSING OR MAKING ANY TRANSACTIONS REGARDING ANY AGREEMENT, ACKNOWLEDGMENT, CONSENT, TERMS, DISCLOSURE, OR CONDITIONS CONSTITUTES YOUR SIGNATURE, including but not limited to, of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act"), acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information may be monitored. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE WEBSITE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF OUR SITES AND LOGOFF IMMEDIATELY. YOUR USE OF THIS WEBSITE OR PURCHASE OR USE OF ANY OF OUR PRODUCTS CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
Changes to Terms & Conditions.
We reserve the right to update, change, or replace any part of the Policies and these Terms by posting updates or changes to our Website at any time and from time to time without notice. If we do change these Terms, we will post the changes to this site and will indicate at the top of this page the effective date of the new Terms & Conditions. Your use of the Website Services constitutes your agreement to be bound by the Policies and we encourage you to therefore review them periodically. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING ANY CHANGES TO THE WEBSITE CONSTITUTES YOUR BINDING ACCEPTANCE OF THOSE CHANGES. If you have any questions regarding these Terms, please reach out to us at contact@takestima.com.
Other Policy Incorporation.
The Policies may be viewed by clicking on each phrase at the bottom of our webpages at https://www.takestima.com. The Policies are incorporated into these Terms by reference and constitute a part of these Terms.
General Website Content, Liability, & Responsibilities.
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or Website; and (ii) "User Content" means any Content that you provide to be made available through the Services or Website. Content includes without limitation User Content. "Posting" means any text, stories, artwork, images, photographs, video clips, messages, ideas, concepts, suggestions, audio-visual works, musical compositions, characterizations, or other materials, as well as your username, profile, name, likeness, or other identifiable materials that you submit, post, upload, embed, display, communicate, or otherwise distribute on or through the Website. Any information submitted on the Website is subject to the Terms. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion or statement on the Website, nor is responsible for any offensive, defamatory, or obscene Posting made by any user. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on information obtained through the content on this Website. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion, or other content available through the Website. Please consult with professionals, as appropriate, when trying to understand any specific information, opinion, or other Content, including but not limited to financial, health, lifestyle information, opinion, or other Content.
General Intellectual Property Protection.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws.
You do not acquire any ownership or other rights by downloading or using the Website or any material on it. You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act, attempt to commit any unlawful act, or attempt to commit any act that does not comply with the best interests of the Company on or through the Website including but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false, misleading, or inaccurate information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality, accessibility, usability, or general operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; (11) giving the impression that your act derives from or is approved by the Company; (12) threatening the safety of any individual; (13) "spamming", "trolling", "flooding", or "bullying"; (14) uploading, Posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or other form of solicitation or advertisement; or (15) committing any other unlawful act.
You are solely responsible and liable for any information you submit or post to the Website, submit to the Company, and improper use of the Services. You acknowledge and agree that the Company (i) takes no responsibility and assumes no liability for any submission or Postings by you or any third party; (ii) may review, delete, or remove any Posting or portion thereof, which in the Company's sole judgment, violates these Terms or otherwise might be offensive, illegal, violate any third party's rights, or threaten the safety of any other users of the Website or other third parties; and (iii) may identify any user or disclose to third parties any personal identifiable information in connection with any user in order to facilitate compliance with any laws, protect the safety, security, or other rights of any third party, or otherwise enforce these Terms. The Company reserves the right to remove any Posting at any time for any reason or no reason whatsoever. By submitting a Posting, you agree that you are responsible for the content of the Posting and are in compliance with these Terms and the Policies. Further, you acknowledge that the Company may suspend or terminate your account or refuse to permit you to use the Website in the event that the Company believes you have violated these Terms. The Company does not guarantee that other users are or will be complying with these Terms, or any of the other Policies, and you submit to using the Website at your own risk. You hereby assume all risk of harm or injury from a third party's lack of compliance with these Terms. If you have a good faith belief that any individual or entity is engaged in any activity which violates these Terms, please reach out to us at contact@takestima.com with the subject stating "TERMS & CONDITIONS VIOLATION".
The Company shall not have any liability for any Postings submitted by a third-party user, and it is explicitly acknowledged and agreed that the Company is not responsible for and does not endorse the opinions, statements, advice, or other content posted by a third-party user.
If you want to remove your User Content, you may either delete it or reach out to us at contact@takestima.com with the subject stating "DELETE MY USER CONTENT". In certain instances some of your User Content (such as posts or comments you make) may not be able to be completely deleted, and copies of your User Content may continue to exist on the Website. The Company and its associates are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
If you make a Posting or submit material, and unless we indicate otherwise, you grant the Company and its affiliates, partners, managers, employees, directors, officers, agents, and other associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Posting's or submitted material's Content throughout the world in any media. You grant the Company and its affiliates, partners, managers, employees, directors, officers, agents, other associates, and sublicensees the right to use the name that you submit in connection with such, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate these Terms or our Policies and will not cause injury to any person or entity; and that you will indemnify the Company and its associates for all claims resulting from Content you supply. The company has the right, but not the obligation, to monitor and edit or remove any activity or Content.
The viewing, printing or downloading of any Content, graphic, form, or document from the site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Website. Illegal and/or unauthorized uses of the Website, including but not limited to collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the Content of the Website other than for your personal use are prohibited.
Some aspects of use on the Website permit or require you to create an account to participate or secure certain benefits (e.g., a subscription). You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our creation processes. In connection with any account creation, you shall not misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information, or another person's name, likeness, voice, image, or photograph and shall provide true and correct information. You provide such personal information at your own risk, and you shall be solely responsible for any liability resulting from information that you submit to the Website or are otherwise submitted under your username in any account or otherwise. You also agree to promptly notify us contact@takestima.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving the Website with the subject stating "ACCOUNT SECURITY BREACH".
The Company shall not have any liability for any information submitted by a third party user (regardless of whether that third party user was/is authorized to use or access your account). Your use of your account or any content/information in your account is at your own risk, and the Company makes no representation or warranty related to the accuracy or safety regarding your account. The company specifically disclaims any and all liability in connection with your account. Your submission of personal information through the Services and the Company's use of that personal information is governed by the Company's Privacy Policy, which may be viewed by clicking on the "Privacy Policy" link at the bottom of our webpages at https://www.takestima.com.
DMCA Notice.
Relationships with third parties who repeatedly infringe the copyrights of others will be terminated. If you fail to comply with all of the requirements of Section 512(c)(3) of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. We may take any action necessary or seek any remedies permitted by law to cure a breach of this provision (including but not limited to civil, criminal, and injunctive relief).
In notifying us of alleged copyright infringement, the DMCA requires the following to be included to constitute a valid notice: (1) a physical or electronic signature of the copyright owner or their authorized agent; (2) description and identification of the copyrighted work claimed to be infringed; (3) description and identification of the material claimed to be infringing, with sufficient detail for us to locate it; (4) your contact information (including your address, phone, email); (5) a statement by you stating your good-faith belief that the use of the copyrighted work isn't authorized by the copyright owner, or its agent, or by the operation of any law; and (6) a statement, signed under penalty of perjury, that the information in your notification is accurate and that you are authorized to enforce the copyrights that are claimed to be infringed (click here for more information). Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
FocusDose LP is this Website's service provider and maintains a designated agent for receipt of claimed infringement notices regarding materials posted to this Website. All claimed infringement notices should be sent to Focus Dose LP's designated agent and co-founder, Griffin Gumm, at griffin@takestima.com.
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material. and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
Company Grounds for Termination of Access to the Website.
We reserve the right to terminate your access to the Website and its Services, refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion if we determine that you (1) do not comply with these Terms and the Policies; (2) provide false, inaccurate, or incomplete information during our account creation process; (3) engage in any conduct that would otherwise harm any of our rights or interests in our Services or other property; (4) undergo unauthorized framing or linking to the site; (5) repeatedly infringe the copyrights of others; or (5) for any or no reason whatsoever without prior notice to you.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, ITS OFFICERS, PARTNERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR THE INABILITY TO USE THE MATERIALS ON THE WEBSITE, EVEN IF THE COMPANY OR OFFICER, PARTNER, MANAGER, EMPLOYEE, OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Products Sold on the Website for Personal Use Only.
You agree that any products or services you purchase from us on or through our Services will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order through our Services unless we give our express, written consent to do so. Resale of our products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees. We reserve the right to limit or prohibit orders on this Website that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Disclaimer of Warranty.
The materials contained on this Website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or other violations of rights. We assume no liability or responsibility for (1) any errors or omissions in the Content of the Services or Website, the correction of defects, or the Website being free of viruses or other harmful components; (2) any failures, delays, malfunctions, or interruptions in the delivery of any Content contained on the Website; (3) any losses or damages arising from the use of the Content provided on the Website; or (4) any conduct by users of the Website, either online or offline. We do not warrant or make any representations regarding the use or the results of the use of the materials through our Services in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost for your necessary servicing, repair, or correction.
We and our associates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other Content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
User or Third-Party Links.
This Website may provide links to other World Wide Web sites or resources not directly affiliated with the Company. We may not have reviewed these sites and are not responsible for the accuracy, content, privacy policies, or availability of information found on sites that link to or from any Company Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from our Website or Content on our Website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including but not limited to credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Company with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Us nor our affiliates, partners, managers, employees, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from the Company.
Shipping, Returns, Refunds, & Subscription Policy.
See our Shipping, Returns, Refunds, & Subscription Policy for more details on our shipping, returns, refunds, and subscriptions.
Indemnification.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless FocusDose LP and our parent, subsidiaries, predecessors, successors, and affiliates, and their respective partners, officers, managers, directors, agents, representatives, contractors, licensors, licensees, sublicensees, authorized resellers, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including but not limited to reasonable attorneys' fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms or the documents they incorporate by reference; (2) your breach of any representations or warranties in these Terms; (3) your access to and use of our Services and products; (4) you causing a technical disruption of the Services or the systems transmitting the Services to you or others; or (4) your violation of any law or the rights of a third party.
You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right of reasonable approval over the choice of counsel to defend the Indemnified Parties, which such cost and expense shall be borne by you.
Dispute Resolution.
Please read this section carefully as it requires you to arbitrate certain disputes and claims with FocusDose LP and limits the manner in which you can seek relief from FocusDose LP.
In the event of any controversy, claim, demand, count, cause of action, or dispute arising out of or related to any transaction conducted on or use of our Services, or the breach, enforcement, interpretation, or validity of the Policies or any part of it between you and the Company, or the Company's employees, agents, affiliates, subsidiaries, successors, representatives, or assigns (a "Dispute"), the party asserting the Dispute shall prior to commencing any action, first try in good faith to settle such Dispute by providing written notice to the other party via email describing the facts and circumstances (including any relevant documentation; your name, your address, your telephone number, your email address, and sufficient information for us to identify any transaction at issue; and the nature and basis of your claims and the relief sought) of the Dispute. Notices to FocusDose LP shall be sent to contact@takestima.com with the subject stating "SETTLEMENT OF ALLEGED DISPUTE". The parties agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference. If either party to the Dispute is represented by counsel, that party's counsel may participate, but that party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if the matter is not resolved in at least forty-five (45) days following the receiving party's receipt of such Dispute's written notice, the parties agree to the further dispute resolution provisions below. You agree that this dispute resolution procedure is a condition precedent, which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Subject to the foregoing, you agree that in the event a Dispute is not resolved as set forth above, any and all claims and disputes within the scope of the Policies or related to the Services must be arbitrated on an individual basis and not on a class action basis. Accordingly, claims of more than one customer or user cannot be arbitrated jointly or consolidated with those of any other customer or user. Such binding arbitration is to take place in Dallas County, Texas in accordance with the rules of the American Arbitration Association (the "AAA") and, if applicable, the AAA Mass Arbitration Supplementary Rules. The tribunal will consist of one arbitrator. If this location is not feasible, the arbitration shall occur in a location of the Company's choosing. The language to be used in the arbitral proceedings will be English. The arbitrator will decide the rights and liabilities, if any, of you and the Company. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual or entity under applicable law, the AAA rules, and the Policies. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties. Under no circumstances will you be permitted to obtain awards for any other damages other than actual out-of-pocket expenses, and each user hereby waives all rights to claim punitive, incidental, or consequential damages or to have any and all rights to have damages multiplied or otherwise increased. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Waiver of Suit in Court & Jury Trial.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY ARE WAIVING THEIR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THE PARTIES WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. The parties are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than the rules applicable in court and are subject to very limited review by a court. In any litigation between the parties over whether to vacate or enforce an arbitration award, YOU AND FOCUSDOSE LP WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular dispute seeking relief on a class or representative basis, the parties are not entitled to arbitration; provided, however, that such finding will not invalidate the agreement of the parties to arbitrate disputes on an individual basis. Any claims brought or asserted on an individual basis remain subject to arbitration pursuant to this Agreement, irrespective of the unenforceability of the Class Action Waiver. Nothing in this waiver shall be construed to prevent the AAA's application of its Mass Arbitration Supplementary Rules or any successor rules designated by the AAA for managing numerous similar individual arbitration demands.
Right to Opt Out of Arbitration, Suit in Court Waiver, Jury Waiver, and Class or Consolidated Action Waiver.
You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out to the following address:
FocusDose LP
1561 Foard Drive
Frisco, Texas 75034
Such written notice must be received by us within twenty-one (21) calendar days of you first accepting this Agreement. You must include (i) your name and residence address, (ii) your email address, and (iii) a clear statement that you want to opt out of these Terms' Arbitration, Suit in Court Waiver, Jury Waiver, or Class or Consolidated Action Waiver.
Limitation on Time to File Claims.
YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR THE POLICIES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Intellectual Property Generally.
Content is owned, licensed by and to, or used by FocusDose LP or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress, and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and the Company, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms or expressly granted to you in writing by us, no rights are granted to you. Website visitors may only view, copy, print, or download the Content on the Website for personal, non-commercial use only, provided such Content is used for informational purposes only, and all copies, or portions thereof, include this copyright notice, and you may not build a business or other enterprise utilizing any of the Content, whether for profit or not. We may revoke any of the foregoing rights at any time. Upon termination of any rights granted in this Agreement, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of FocusDose LP. Except as provided in these Terms, or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) (1) download, stream capture, store in a database, archive, or otherwise copy any part of the Website or Content; (2) upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; (3) license or sublicense any part of the Website or Content; or (4) in any way exploit any part of the Website or Content. In addition, except as provided in these Terms or otherwise expressly authorized by us in writing, you are strictly prohibited from (1) modifying Content; (2) creating, distributing or advertising an index of any significant portion of the Content; or (3) otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including but not limited to mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
Trademarks.
The trademarks, service marks and logos (the "Trademarks") used and displayed on the Website are registered or unregistered Trademarks belonging to the Company or its partner(s). Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of STIMA, Focus Dose, or any Trademark may not be used in any way (including but not limited to in any advertising or publicity pertaining to distribution of Content on the Website) without the prior written consent of the Company. We prohibit the use of any STIMA logo, Focus Dose logo, or Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by the Company in writing.
Electronic Communications.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Discount Codes.
If you or anyone acting on your behalf publishes, posts, distributes, or otherwise makes available any discount code on a third-party promotional or "coupon" website, forum, social media group, mailing list, or any other public or semi-public channel not expressly authorized by the Company, then any commissions, referral fees, or other compensation otherwise due to you for sales generated using that discount code shall be immediately forfeited in full. The Company reserves the right, in its sole discretion, to determine whether a discount code has been improperly shared, to suspend or revoke your access to future discount codes, and to withhold payment of any pending or future commissions related to that code without prior notice.
Assignment.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. FocusDose LP and its affiliates may, in their sole discretion and without prior notice or consent, assign or transfer these Terms, in whole or in part, including all rights and obligations in this Agreement, to any affiliate or to any third party (including but not limited to in connection with a merger, acquisition, sale of assets, financing, reorganization, or other transfer of some or all of FocusDose LP's business, or otherwise). You expressly consent to any such assignment, including the assignment of FocusDose LP's rights to receive payment and to enforce your payment obligations under these Terms. Any permitted assignee may further assign such rights and obligations without additional notice to or consent from you. Payment made by you in good faith to an authorized assignee in accordance with the payment instructions provided to you will fully satisfy your corresponding payment obligations under this Agreement.
Governing Law.
Miscellaneous.
This Agreement, the Policies, and operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between the parties and supersede and replace any prior or contemporaneous agreements concerning the same subject matter. Any ambiguities in the interpretation of this Agreement may not be construed against the drafting party. If any provision of this Agreement shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms and the Policies shall not constitute a waiver of such right or provision.
Disclaimer.
The information contained on this Website is for educational use only and is not intended to be construed as medical advice. The information is based upon research and personal and professional experiences of the authors and consumers. The information on this Website in no way may substitute for consulting with your physician or licensed, qualified healthcare professional. READ THE ENTIRE LABEL BEFORE USING ANY COMPANY PRODUCT, AND FOLLOW ALL DIRECTIONS AND WARNINGS. Statements made by the Company have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use products as per instructions and always be wary of any allergic reactions. The information presented on this Website is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. In the event that any individual should use the information presented on this Website without a licensed psychologist, medical doctor, psychiatrist or other appropriate licensed, qualified healthcare professional's approval, that individual will be diagnosing him or herself. If you have concerns about your physical or emotional health, call your physician. We do not make any warranties, representations, or health claims regarding supplements and health care practices mentioned on this Website. We do not provide medical advice or attempt to diagnose or treat an illness, which should only be done under the direction of a licensed, qualified healthcare professional. Always consult with your doctor before taking any nutritional supplements, including our products, and be sure to disclose all supplements in your health regimen to better identify potential interactions, including interactions with prescription drugs or other medical treatments. Under no circumstances should you ignore your physician's advice, delay seeing your physician, or otherwise avoid professional medical intervention due to the information on this Website, which is presented for educational and informational purposes only. If you have health concerns, your first step should be consulting with your physician. If you are experiencing a medical emergency, immediately proceed to the nearest emergency department or call 911. No responsibility is assumed by the author, publisher, or distributors of this information should the information be used in place of a licensed psychologist, medical physician, psychiatrist, or other licensed, qualified healthcare professional's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this Website. This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.
FocusDose LP and our contributors will not be held liable for any actions you may take after reading our content and will not be held liable for any adverse effects or consequences that may result from your use of the suggestions, nutritional supplements, or health practices discussed on this Website.
Please read our Medical Disclaimer for further information, which may be viewed by clicking on the "Medical Disclaimer" link at the bottom of our webpages at https://www.takestima.com.
Contacting Us.
If you do not understand these Terms & Conditions or if you have any questions about the Policies or the operation of the Website, you may reach out to us at contact@takestima.com.