FOCCUS® Marriage Ministries

FOCCUS Pre-Marriage Inventory Terms and Conditions

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TERMS AND CONDITIONS

BECAUSE THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS, PLEASE READ THEM CAREFULLY BEFORE USING THE "FOCCUS© PRE-MARRIAGE INVENTORY."

This Agreement is made between FOCCUS, Inc. USA,  a Nebraska Corporation, with offices in Omaha, Nebraska (the "Company"), and the internet user (the "User") of the FOCCUS© Pre-Marriage Inventory (the "Service"), which includes couples, facilitators, and organizations registering on the FOCCUS, Inc. USA website.

1. THE SERVICE
The FOCCUS© Pre-Marriage Inventory (the "Service") is a measure comparing a couple’s independent responses to statements and is intended for use by a certified FOCCUS Facilitator in private meetings with the couple prior to their marriage. It is not designed to be used as a formal psychological assessment tool or a legal document of any kind. The Company makes no guarantees or warranties, either express or implied, regarding the facilitator’s use or presentation of the inventory or its results, or regarding the ultimate relationship level of preparedness or overall compatibility, of the end User and his or her partner.

2. ACCEPTANCE OF TERMS AND CONDITIONS
By using the Service, the User agrees, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions.

3. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE SERVICE
The User is responsible for reviewing these Terms and Conditions from time to time so as to be apprised of any changes. The Company reserves the right to modify these Terms and Conditions for any reason and without notice. The Company also reserves the right to terminate its Products and Services and/or to modify the Service from time to time, for any reason, and without notice.

4. TERMINATION OF USER ACCESS
The Company reserves the right to terminate or suspend the User's access to the Service, immediately, for any reason, and without notice.  In the event that User’s account is terminated, the User agrees that all fees then paid to the Company are non-refundable.

5. LIMITATION OF SERVICES The assessment Services provided by the Company are limited solely to relationship education, enrichment, discussion, and research. The Company conducts research through services provided by research scientists and certified psychologists. The User agrees to allow the Company to retain the information received from the User and use it to continue the Company’s research. This research may be published in Company reports and academic journals; however, no personal identifying information is ever published, and all User responses are kept anonymous.

6. REGISTRATION AND USE OF INFORMATION
The User represents and warrants that the information provided by the User in registration for and use of the Service is truthful, accurate, up-to-date and complete (apart from optional items). If the Company has reasonable grounds to suspect that such information is untruthful, inaccurate, not up-to-date or incomplete, the Company has the right to suspend or terminate the User's account, refuse any and all current or future use of the Service, and retain any fees then paid.

7. CONFIDENTIALITY
All information supplied to the Company by the User will be kept confidential, including credit card number(s) and other financial information, and the Company shall use or disclose such information only for the purposes for which such information was originally collected, or as required by court order or applicable law. The data provided by a User who is using the Service by entering responses to an inventory will be provided only to that User, to the partner who is taking the inventory with that User, or to another User who has provided the first User an access code in order to take the inventory. Additional information about the Company's collection and possible use of information provided by the User is provided in the Company's privacy policy, located on this web site.

8. DUTY TO WARN
Because the Service provides no psychological assessment and includes non-personal contact between the Company and the User, the User agrees that no "duty to warn" arises under the terms of this Agreement and specifically indemnifies and releases the Company, its officers, directors, employees, agents, and third parties from any "duty to warn" the User of any threat(s) or violent tendencies or behaviors of any other person, including the User's partner.

9. LIMITED LIABILITY
Under no circumstances shall the Company be held liable for any damages, whether direct, indirect, incidental, general, special, compensatory, and/or consequential, arising out of or relating to the conduct of the User or anyone else in connection with the use or lack of use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this Service.

10. DISCLAIMER OF WARRANTIES
The Company grants no warranties of any kind, whether express, implied, statutory or otherwise, with respect to the Service. The Company in no way warrants that the Service will meet the User’s requirements or that it will be free from error, secure, uninterrupted, always available, or that any defects in the Service will be correct. The Company makes no warranty with respect to, and disclaims liability for, the connectivity and availability of the Service. The Company specifically disclaims any implied warranties for any advice or information obtained through the service or facilitator.

11. USER MINIMUM AGE REQUIREMENT
In order to use the Service, the User must be 15 years of age or older. When registering for and using the Service or purchasing any of the Company's products, the User represents and warrants that the User is at least 15 years of age. Parents are hereby notified that certain material available on the Internet is not appropriate for minors and that parental control protection is available commercially to prevent or limit children’s access to such materials.

12. ACCOUNT USAGE
The User will create a username and password upon registering for the Service. The User is solely responsible for any and all activities that occur under that username and password and is responsible for maintaining the confidentiality of the username and password. The User's account is for personal use by the User and, if responding to an inventory as part of a couple, his or her partner. The User agrees to safeguard the username and password used to access this site. The User agrees not to disclose or share his or her password with any third party and may not assign or otherwise transfer the account to any other person or entity or authorize others to use the account. The Company is authorized by the User to assume that any person using the site with the User's name and password is the registered User.

13. COPYRIGHT AND LICENSE
Nothing within the Service, including these Terms and Conditions, shall be interpreted as conferring any license to the User. The User understands and agrees that certain content available through the Service is protected by copyright, trademark, patent, or other proprietary rights of the Company, its affiliates, licensors, and service providers. Except as otherwise agreed in writing, the User agrees not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Company in connection with the Service. The User agrees not to hold the User out as in any way affiliated with, sponsored by, or endorsed by the Company, any of its service providers or any of its partners or affiliates. The User agrees not to use any of the content, trademarks or service marks accessible through the Service for any purpose other than the purpose for which such Content is made available to the User. The User agrees not to disparage or defame the Company or any aspect of the products of the Service, including the trademarks or service marks of the Company. The User agrees not to modify, translate, adapt, disassemble, decompile, or reverse engineer the products or the Service or any programs or software used in connection with the Company, the products or the Service.

14. ONLINE CONDUCT
User’s use of the Service will be conducted in a manner consistent with any and all applicable local, state, federal, and international laws and regulations.

15. THIRD PARTY ADVERTISERS The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any correspondence or dealings the User has with promotions, advertisers or others found on or through the Service, whether by official website links or by pop up ads, including payment and delivery of goods or services or other terms, conditions, or warranties.

16. CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the State of Nebraska, regardless of conflicts or law principles. The User agrees to first contact the Company in order to resolve any complaint or dissatisfaction regarding the Service, by clicking on the "Contact Us" button and stating the User's concern. Any controversy or claim arising out of or relating to User's use of the Service or these Terms and Conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy or claim of any other party.  The arbitration shall be conducted in Omaha, Nebraska, or any of its surrounding cities, and judgment on the arbitration award may be entered into in any state or federal court in Nebraska having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Nebraska having jurisdiction thereof.

17. ENTIRE AGREEMENT
Upon registering for the Service, the User accepts this Agreement, which, contains the entire agreement between the Company and the User regarding the use of this Service. The terms and conditions herein will survive termination of the User's use of the Service, unless otherwise explicitly stated.

18. SEVERABILITY
In the event that any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

19. WAIVER
No breach of any provision hereof shall be deemed waived by any previous waiver, or by the Company’s failure to object to provisions contained in any communication or order from the User or by any previous custom, practice or course of dealing.

20.  FEES
The User agrees to pay for the Service and for products according to the fees listed on the FOCCUS, Inc. USA website.

I accept the terms and conditions

FOCCUS Facilitator Attestation

FOCCUS, USA. INC. - FACILITATOR ATTESTATION

Effective November 1, 2009

*I understand that once I have completed my FOCCUS training I can register on the FOCCUS Website at www.foccusinc.com to receive my Facilitator/User ID number.

I agree to use the FOCCUS Couple Report as a facilitation tool only, not as a diagnostic or predictive instrument.

I agree to explain to couples that the FOCCUS Pre-Marriage Inventory is not a test; that one cannot fail it.

I agree to explain to couples that the FOCCUS Pre-Marriage Inventory is primarily intended to provide information to help them discuss important topics prior to marriage

I agree to obtain the consent of the couple prior to sharing information about their inventory responses with other person(s).

I recognize that the couple’s responses to the inventory represent a snapshot in time and that discussion and/or the passage of time often changes the way a couple would respond to inventory items.

I agree to meet with couples at least twice following receipt of their FOCCUS Couple Report, to discuss the results and encourage further communication.

If in the course of facilitation, either the couple or I become aware of serious concerns that I do not have the training or background to address, I will encourage the couple to seek appropriate resources.

I agree to destroy the couples’ report after the last facilitation session and not give a copy to the couple to keep.

I agree not to copy or reproduce FOCCUS materials, including the inventory or answer sheets, in any form, without express written permission of FOCCUS, Inc. USA.

I understand that I can obtain couples’ FOCCUS reports three ways:
1.	Couples may take the FOCCUS Inventory on line on any computer, and I can access their results at www.foccusinc.com .
2.	I can enter couples’ answers myself into the simple Quick Score program on-line at www.foccusing.com
3.	I can mail couples’ answer sheets to FOCCUS® Marriage Ministries, 2222 N. 111th St., Omaha, NE 68164-3817I understand I can address any questions to FOCCUS Inc. USA by emailing foccus@foccusinc.com or calling (402) 827-3732 or 877-883-5422.Note: Once you are certified, your name, city and state will be visible in our search engine to all organizations approved to use the FOCCUS Inventory, even if you elect not to be listed on the FOCCUS, Inc. USA public web site.

I agree with these terms

FOCCUS Privacy Policy

FOCCUS, USA. INC. - PRIVACY POLICY

Effective November 1, 2009

Privacy Notice Table Of Contents:
Our Commitment to Privacy
The Information We Collect
The Way We Use Information
Our Commitment to Data Security
Our Commitment to Children's Privacy
How to Access or Correct Your Information
How to Contact Us

Our Commitment to Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information is? requested.
The Information We Collect:
This notice applies to all information collected or submitted on the FOCCUS, Inc. USA website. On some pages, you can order products, make requests, register to receive materials, or log-in to your account. The types of personal information that may be collected on these pages are:
Name
Address
Email address
Phone number
Credit/Debit Card Information
(etc.)
The Way We Use Information:
You can register with our website if you would like to create an account, purchase products, or receive our E-tips. Information you submit on our website will be used only for the purposes specified.
In some instances your information may appear on our web site:
•	Facilitators: Once certified as a FOCCUS Facilitator, you will have the option to choose if you would like your name to appear under your organization in the FIND A FACILITATOR public area of the FOCCUS, Inc. USA web site (if your organization chooses to list its providers), but no other personal information will be viewable. However, once you are certified, your name, city and state will be visible to all approved organizations in the private log-in area of our site , even if you are not listed on the public area of the FOCCUS, Inc. USA web site.

•	Organizations: Once your organization is approved, your organization name and contact information (address, phone, fax and email) will be visible on the FOCCUS Inc. USA public web site. You will have the option to choose whether to individually list the facilitators in your organization (individual facilitators will be asked for their permission as well).
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer questions we receive online. Such addresses are not used for any other purpose and are not shared with outside parties.
On some occasions, we use non-identifying and aggregate information for research to share with certain organizations or in research publications. For example, we may state that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women within a certain demographic filled out inventory questions in a particular way, but we would not disclose anything that could be used to personally identify those individuals.
We automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited.
For couples, we may use your email address to send you the FOCCUS© Pre-Marriage Inventory account log-in information. If you would like to purchase products from the FOCCUS, Inc. USA web site, you will be asked to create a new FOCCUS, Inc. USA account that includes additional contact information (mailing address, phone number, etc.). Inventory responses entered online by the couple or via QuickScore by the FOCCUS Facilitator can be accessed by the couple’s FOCCUS Facilitator (and possibly an organization’s designated FOCCUS administrator) for a 30 day period and may be transferred to another FOCCUS Facilitator at the discretion of the couple’s FOCCUS Facilitator or the organization under which the Facilitator is functioning.  Also, the FOCCUS Facilitator’s organization administrator and parent organization administrator (if a parent organization is involved) has access to view Inventory responses within 30 days of online response entry.
Finally, we never use, sell or share the personally identifiable information provided to in ways unrelated to the items described above, without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
Our Commitment to Children's Privacy:
Protecting the privacy of young children is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How You Can Access or Correct Your Information
You can access all your personally identifiable information that we collect online and maintain [other than previously entered inventory responses, if you are a couple] by logging into your account. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by updating your account information.
For couples, once you have answered a statement/question on the FOCCUS Pre-Marriage Inventory, you can go back one screen to make changes to that statement/question. You are not able to change demographic questions once submitted.
If you wish to continue your Inventory online question entry at a later time, please click the SAVE AND FINISH LATER button.  You may continue answering questions within 3 days of beginning FOCCUS© Pre-Marriage Inventory online entry.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Facilitator and Organization Relationship
For FOCCUS Facilitators, association with an approved FOCCUS organization is required in order to purchase and manage FOCCUS Pre-Marriage Inventories.  Once a FOCCUS approved organization approves a Facilitator’s “association” with it, that organization will have the ability to view the Facilitator’s FOCCUS Pre-Marriage Inventory Sessions and Couple Reports.
The Facilitator and the organization under which he or she operates also will have the ability to transfer Inventory Session Credits and Inventory Sessions/Couple Reports within the organization.
The organization will have the ability to disable a Facilitator’s FOCCUS account association at any time.  If an account becomes disabled, the Facilitator will no longer be able to purchase and/or manage FOCCUS Pre-Marriage Inventor sessions or Couple Reports online (until they obtain association with another FOCCUS approved organization, if desired).
How to Contact Us
For couples, should you have other questions or concerns about the FOCCUS© Pre-Marriage Inventory, please contact your FOCCUS Facilitator.
For all users, if you have any questions about this privacy policy, please call FOCCUS, Inc. USA at 877.883.5422 or send us an email at info@foccusinc.com.

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