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Last Modified: 11-07-2024
THE FOLLOWING ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE USING THIS SITE.
Welcome to www.enfoco.org! These terms and conditions “Terms and Conditions”, including any policies, rules and other terms expressly incorporated herein by reference (collectively, the “Terms”), set forth a legally binding agreement between you (“You”, or “Your”) and En Foco, Inc. (“Company”, “We”, “Us”, or “Our”) for Your use of Our website, located at www.enfoco.org (the “Site”), and any content, information, products or services made available on or through the Site (collectively, the “Services”).
Any use of the capitalized terms herein or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore refer to the same.
By accessing or using the Site, or by clicking to accept these Terms when this option is made available to You, You accept and agree to be bound by these Terms. In addition to these Terms, Your access to and use of certain portions or aspects of the Site, or Your ability to access and/or use certain Services, may require you to accept additional terms and conditions (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these Terms by this reference.
THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES. BY USING THE SITE AND/OR ANY OF THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
You must be at least the minimum age of digital consent in Your state or jurisdiction of residence, and fully able and competent to enter into and abide by the terms and conditions of these Terms, in order to access and use the Site and/or the Services. Individuals under the minimum age of digital consent are not eligible to use the Site or the Services and may not submit any personal information to Us. By accessing or using the Site and/or the Services, or by clicking to accept these Terms when this option is made available to You, You represent and warrant that You are at least the minimum age of digital consent in Your state of residence, are legally entitled to enter into these Terms and have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms.
We may revise and update these Terms and Conditions from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Site and/or Services thereafter.
You are expected to check this page periodically for changes. Your continued use of the Site and/or Services following Our modifications to these Terms and Conditions means that You accept and agree to the changes.
We will not be liable if, for any reason, all or part of the Site or the Services is ever unavailable. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site or the Services has been modified or updated. Please remember when reviewing information on the Site or the Services that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Site or the Services to become inaccurate or incomplete.
On occasion, information on the Site or the Services may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information.
We employ the use of cookies. By accessing the Site and/or the Services You agree to use cookies in agreement with the Our Privacy Policy. We also reserve the right, and you authorize us, to use and assign all information regarding site uses by You and all information provided by You in any manner consistent with Our Privacy Policy.
By accessing or using the Site and/or the Services, You agree to, acknowledge, and represent as follows:
6. Copyrights, Trademarks, And Other Proprietary Rights
When accessing and using the Site and/or the Services, You agree to obey the law and to respect the intellectual property rights of others. You agree that You shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any content that You provide or transmit to Us.
As between You and Us, all content on the Site and the Services, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by Us and/or Our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and We own the copyright in the selection, coordination, arrangement, and enhancement of such content. Any feedback You provide to Us relating to the Site and/or the Services, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Site and/or the Services are the property of their respective owners, including, in some instances, Us and/or our partner companies. Nothing contained on the Site, the Services or these Terms serves to grant You, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by Us or by any third party.
Except as expressly provided herein, You may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Site or the Services without express written permission from Us and, if applicable, the respective copyright owner. You acknowledge and agree that You do not acquire any ownership rights by accessing or using the Site and/or the Services.
You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on the Site or the Services.
We may provide links and pointers to websites, goods, and/or services maintained, owned, or controlled by others (“Third-Party Sites”) that are not affiliated with Us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to the Site or the Services and are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to Third-Party Sites through the Site or the Services does not constitute an endorsement by Us or any of our subsidiaries or affiliates of any such Third-Party Sites, or the content or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns, or questions regarding Third-Party Sites should be directed to the applicable third party.
If We provide links to social media platforms, such as Facebook, Twitter, or Instagram, and you choose to visit any such social media platforms through Our links, please note that the personal information You post, transmit, or otherwise make available on or through such social media platforms may be viewed by the general public. We do not control any content or information made available on such social media platforms and We are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that You have posted, transmitted, or otherwise made available on such social media platforms.
You may access the Site and/or Services for Your own personal use and enjoyment. This Site, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent. You shall not use any device, software or routine to interfere with the proper functioning of this Site.
In accessing or using the Site and/or the Services, You must not:
Products offered on the Site are offered subject to availability and all prices posted on the Site are subject to change without notice. We reserve the right to update product information and change prices at any time, whether due to inadvertent typographical errors, inaccuracies, omissions, or otherwise, without notice. Furthermore, We reserve the right to change, limit, refuse, or cancel any order You place with Us at Our sole discretion. If We change or cancel an order, We will attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made.
Payment terms are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. By entering into any transaction on the Site, you represent, warrant and covenant that all information you provide is true, correct, and complete (including, without limitation, your credit card information and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order; and that you are the legal holder of any credit card or payment account used to enter into any transaction on the Site.
If, in our sole discretion, we determine that: (i) Your means of payment is not valid, (ii) a transaction is not authorized, (iii) Your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by Us to deliver the item(s) purchased by You, (v) You have abused or misused promotions or promotion codes, as applicable, or (vi) You have otherwise used the Site to enter into an improper transaction, We reserve the right to immediately terminate any pending transactions, suspend Your access to the Site, and terminate all of Our obligations hereunder.
Purchases or acceptances of any goods, services, or experiences via the Site are governed by these Terms, except to the extent that We provide Additional Terms relevant to the purchase at the time of sale. In the event of any express conflict between these Terms and such Additional Terms, the Additional Terms will govern solely with respect to the relevant transaction and solely to the extent of the conflict.
By agreeing to these Terms, You consent that the payment processing services for products purchased on the Site are provided by Stripe. If you have any questions or concerns with your order, please e-mail us at [email protected].
You represent and warrant that any products You purchase from this Site are for your own personal or household use only and not for rent, resale or export.
You agree to indemnify, defend, and hold harmless Us, our respective affiliates and subsidiaries, and each of Our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns (collectively, the “Indemnitees”) from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) Your violation or breach of these Terms; (ii) Your use of the Site and/or the Services (including, without limitation, any products offered via the Site); (iii) Your violation of any rights of any third party; (iv) any claim related to Your content, as applicable; or (v) Your violation of applicable law. This indemnification obligation will continue after You stop using the Site and/or the Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by You at Your expense, and You shall not in any event settle or otherwise dispose of any matter without Our prior written consent.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT WITH RESPECT TO EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD OR EXPRESS INDEMNIFCATION OBLIGATIONS, IN NO EVENT SHALL WE AND/OR OUR RESPECTIVE SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES (Including, without limitation, ANY products offered via the Site); (II) ANY ACT OR OMISSION BY YOU THAT IS BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT OR CONTENT THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH THE SITE OR THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
EXCEPT WITH RESPECT TO OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT SHALL OUR AGGREGATE LIABILITY AND THAT OF OUR RESPECTIVE SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties and/or the limitation of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these terms remain in full force and effect.
Your visit to this Site is also governed by the terms and conditions in Our Privacy Policy, which is incorporated herein by this reference. You must agree to Our Privacy Policy located at in order to access and use the Site and/or the Services.
All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York 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 and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
We may send You responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. If You are an owner of copyrighted works and have concerns of infringement, please contact Us to report your concerns of alleged infringement via email at [email protected] or mail at En Foco, Inc., 15 Canal Place, Bronx, New York 10451, Attention: Oscar J. Rivera with the following additional information, as required by the Digital Millennium Copyright Act of 1998: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work that You claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and e-mail address; (e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
This Site, and the content, services (including Services), products and incentives We may provide from time to time on and through the Site are intended to comply with U.S. state and federal laws and regulations. We make no representation that any of the materials or Services to which You have been given access are available or appropriate for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. If You are a non-U.S.-based user, be advised that other countries may have laws or regulatory requirements that differ from those in the U.S. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions or comments regarding these Terms, our Privacy Policy, the Site, or the Services, please feel free to contact Us by e-mail at [email protected].
© 2024 En Foco, Inc. | All Rights Reserved
En Foco, Inc.
15 Canal Place
Bronx, NY 10451
Email: [email protected]
Call: (917) 503-8017