Terms and Conditions
Welcome to Focusedlaserworks.com! We are glad you are here and thank you for selecting the services we offer through our website, mobile application, or by telephone (the “Services”). The Focusedlaserworks.com website (the “Site”) is comprised of various web pages operated by Focused Laser Works LLC (“Focused Laser Works”). Throughout the site, the terms “we”, “us” and “our” refer to Focused Laser Works. Focusedlaserworks.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the ”Terms”). Your use of Focusedlaserworks.com constitutes your agreement to all such Terms.
By visiting our site and /or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchant, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to the Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on the page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Focusedlaserworks.com is an E-Commerce Site. We provide engraving, etching, and marking services. We sell personalized engraved items on-line. Our store is hosted on Bluehost. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Privacy
Your use of Focusedlaserworks.com is subject to Focused Laser Works’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Your Content
We are in the business of offering personalized products (the “Products”). The Products sometimes require information that you provide, including, without limitation, text, photographs or images (“Your Content”). The Services and the Products are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products except as permitted by these Terms, and you may not access or use the Services for any commercial purpose whatsoever. Any use of the Services other than as expressly authorized in these Terms is strictly prohibited. All rights not expressly granted in these Terms are hereby expressly reserved by us.
By submitting Your Content to us, you grant us a nonexclusive, worldwide, royalty free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to reproduce, prepare derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise use and exploit Your Content for the limited purpose of providing the Services and promoting other services to you that we believe will be of interest to you. You represent and warrant that you either own Your Content or have a written license or other valid permission from the applicable intellectual property rights owner(s) (for example, and without limitation, your photographer) to make Your Content available to us for use with the Services and on the Products you order.
Without limiting the generality of the foregoing paragraph, you acknowledge that we will need to work with Your Content in order to provide you with the Services and the Product. For example, and without limitation, we will copy, and we may need to display and/or modify, as well as stream, upload, post, publish, display, email or otherwise transmit or use (hereinafter, “Transmit”), Your Content when making the Products, and we will distribute Your Content when shipping the Products to you. By the license granted above, you are giving us permission to do this and, because we are using Your Content to provide you with the Services and the Products, you will not charge us any royalty. We will retain Your Content on our servers so that it will be available for your future use. This will make it easier for you to reprint entire orders or to use elements of Your Content in making Products for new orders, all without the need to upload Your Content again. We agree that our use of Your Content will be limited to the scope of the Services and the Products that we provide. And rest assured that we will never use Your Content to market, promote or advertise the Services to others without your express written permission.
We reserve the right to reject any or all of Your Content if we determine, in our sole discretion, that Your Content is inappropriate or otherwise inconsistent with the exercise of good judgment. For example, and without limitation, we may reject any of Your Content that we believe would fall within the Prohibited Uses of the Services set forth below.
Electronic Communication
Visiting Focusedlaserworks.com or sending emails to Focused Laser Works constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
You understand your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Accuracy, Completeness and Timeliness of Information
Focused Laser Works is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Focused Laser Works reserves the right to modify the contents of this site at any time, but Focused Laser Works has no obligation to update any information on its site. You agree that it is your responsibility to monitor changes on Focusedlaserworks.com.
Service, Price and Product Modifications
Prices for Focused Laser Works products are subject to change without notice. Focused Laser Works reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Focused Laser Works shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Focused Laser Works reserves the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. Focused Laser Works may exercise this right on a case-by-case basis. Focused Laser Works reserve the right to limit the quantities of any products or Services that are offered. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Focused Laser Works. Focused Laser Works reserves the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
Billing, Account Information and Payment
Focused Laser Works reserves the right to refuse any order placed with us. Focused Laser Works may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Focused Laser Works makes a change to or cancels an order, Focused Laser Works may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made. Focused Laser Works reserves the right to limit or prohibit orders that, in their sole judgement, appear to be placed by dealers, resellers or distributors.
To the extent to which the Services and/or the Products or any portion thereof are made available for any fee or charge (including, without limitation, shipping and handling charges), you will be required to select a form of payment and provide Focused Laser Works information regarding your credit card or other form of payment authorized by Focused Laser Works. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize Focused Laser Works (and our designated payment processor(s)) to charge the full amount to the payment source you designate for the transaction. You will promptly update your account information with any changes (for example, and without limitation, a change in your billing address or credit card expiration date) that may occur. You will pay us all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you dispute any fees or charges, you will let us know within sixty (60) days after the date that we invoice or otherwise charge you, and give us the opportunity to remediate any problem which you believe entitles you to dispute those fees or charges. You hereby grant to us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Children Under Thirteen
Focused Laser Works does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Focusedlaserworks.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Focusedlaserworks.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Focused Laser Works and Focused Laser Works is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or update to a Linked Site. Focused Laser Works is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Focused Laser Works of the site or any association with its operators.
Certain services made available via Focuslaserworks.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Focusedlaserworks.com domain, you hereby acknowledge and consent that Focused Laser Works may share such information and data with any third party with whom Focused Laser Works has a contractual relationship to provide the requested product, service or functionality on behalf of Focusedlaserworks.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Focusedlaserworks.com strictly in accordance with these Terms of Service. As a condition of your use of the Site, you warrant to Focused Laser Works that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials of information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Focused Laser Works or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Focused Laser Works content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Focused Laser Works and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Focused Laser Works or our licensors except as expressly authorized by these Terms.
Materials Provided to Focusedlaserworks.com or Posted on Any Focused Laser Works Web Page
Focused Laser Works does not claim ownership of the materials you provide to Focusedlaserworks.com (including feedback and suggestions) or post, upload, input or submit to any Focused Laser Works Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Focused Laser Works, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Focused Laser Works is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Focused Laser Works’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Focused Laser Works account to third party accounts. By connecting your Focused Laser Works account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in the manner, do not use this feature.
Practices Regarding Use and Storage of Your Content
We may preserve Your Content and may also delete or disclose Your Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.
We may establish practices and limits concerning use of the Services, including, without limitation, the maximum period of time that data or other content is retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. We will have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by or to the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time, such time to be determined in our sole discretion. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
International Users
The Service is controlled, operated and administered by Focused Laser Works from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Focused Laser Works Content accessed through Focusedlaserworks.com in any country or in any manner prohibited by an applicable laws, restrictions or regulations.
Indemnification
You hereby release, indemnify and hold us and our parents, subsidiaries, affiliates, officers, shareholders, members, directors, managers, employees, attorneys, representatives and agents, harmless from and against all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys’ fees and costs), actions and damages of all kinds based on, arising out of or in connection with your use of the Services and/or the Products, your breach of these Terms and/or your use of any third-party site, service and/or product . If you are a California resident, you hereby waive California Civil Code Section 1542, which states that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that if known by him would have materially affected his settlement with the debtor or released party.” If you are a resident of another jurisdiction, you hereby waive any comparable statute or doctrine.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of the Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of the arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private Attorney General action against the other. Further, unless both you and Focused Laser Works agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, software, products and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Focused Laser Works LLC and/or its suppliers may make improvements and/or changes in the Site at any time.
Focused Laser Works LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphic are provided “As Is” without warranty or condition of any kind. Focused Laser Works LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions or merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Focused Laser Works LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or far any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort negligence, strict liability or otherwise, even if Focused Laser Works LLC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of Use, your sole and exclusive remedy is to discontinue using the Site.
Termination/Access Restriction
Focused Laser Works reserves the right in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Focused Laser Works as a result of this agreement or use of the Site. Focused Laser Works’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Focused Laser Works’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Focused Laser Works with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Focused Laser Works with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Focused Laser Works with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the she same conditions as other business documents and records originally generated and maintained in printed form. It is the express with to the parties that this agreement and all related documents be written in English.
Changes to Terms
Focused Laser Works reserves the right, in its sole discretion, to change the Terms under which Focusedlaserworks.com is offered. The most current version of the Terms will supersede all previous versions. Focused Laser Works encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Focused Laser Works welcomes your questions or comments regarding the Terms.
Focused Laser Works LLC
25932 12th St W
Zimmerman, MN 55398
Email Address:
Telephone Number:
763-370-0972
Effective as of February 20, 2023