Services Agreement

Thank you for joining FOCUS LLC!

Focus LLC is an online marketing group that works with clients across the nation. Our objective is targeted demographic marketing for our clients on Facebook, Instagram and Google, the world’s largest search engine. By signing this Marketing Services Agreement (“Agreement”) and agreeing to partner with Focus LLC, you are also agreeing to the following terms, as well as the General Terms and Conditions on the following pages.

We are super excited to have you as a client. Please make sure to print a copy of this receipt for your records. Thank you for your business. We look forward to getting you and your business found!

Basic Agreement Terms

FOCUS LLC General Terms and Conditions:

Privacy Statement. Focus LLC will never sell, trade, or otherwise disclose personally identifiable information to anyone. Focus LLC will not share your email address with any other company. Focus LLC may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and actions tags (also known as single pixel gifts to web beacons) to determine your advertising effectiveness. Any information that these third parties collect (via cookies and action tags) is completely anonymous.
Representations and Warranties. THE INFORMATION AND SERVICES PROVIDED BY FOCUS LLC ARE PROVIDED IN AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND FOCUS LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT IS PURCHASING THE SERVICES WITH FULL ASSUMPTION OF THE RISKS ASSOCIATED WITH THIS DISCLAIMER AND ACKNOWLEDGES THAT THE PURCHASE PRICE HAS BEEN NEGOTIATED TO REFLECT THIS ASSUMPTION OF RISK. FOCUS LLC’S LIABILITY FOR ANY DEFECT IS LIMITED TO THE REPLACEMENT OF GOODS OR SERVICES WITH RESPECT TO WHICH SUCH DEFECT IS CLAIMED. FOCUS LLC DOES NOT PROVIDE REFUNDS FOR SERVICES PROVIDED. IF THE EXCLUSION OF IMPLIED WARRANTIES OF LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES DESCRIBED HEREIN IS NOT ALLOWED BY LOCAL LAW, FOCUS LLC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW UNDER THE TERMS OF THIS AGREEMENT. NO ADVICE OR INFORMATION GIVEN BY FOCUS LLC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY HEREUNDER.
Limitation of Liability. Focus LLC’s liability to Client on any claim, whether based on contract, warranty, tort (including but not limited to negligence, negligence per se, vicarious liability, etc.), strict liability, or any other claim that may arise with respect to the goods or services delivered hereunder, shall in no case exceed the purchase price of the goods and services or part thereof. In no event shall Focus LLC be liable to Client for any special, punitive, direct, indirect, pecuniary or non-pecuniary, incidental or consequential damages arising out of, or as a result of, the sale, delivery, non-delivery, servicing, use or loss of use of the services or any part thereof, or for any charges or expenses of any nature incurred, regardless of Focus LLC’s negligence and Client agrees to indemnify and hold Focus LLC harmless from any and all such claims of damage by Client or others.
Subscription Details. This Agreement authenticates the arrangement that was made between you and our marketing specialist from Focus LLC to partner in our service(s), as was recorded with your authorization. Unless explicitly contradicted by this Agreement, the recorded agreement described above continues in full force and effect. Your campaign has been set up for the Initial Term set forth in the Basic Agreement Terms, after which the Agreement will be on a month-to-month basis unless otherwise agreed to in writing. All of our agreements begin on the date that you first established participation and you will continue to be billed automatically by direct deduction on the monthly anniversary day of every month. Focus LLC Billing will reflect Focus LLC and shall appear on your banking statement(s) as Focus LLC. Focus LLC guarantees that Focus LLC will NOT increase your monthly payment, unless given your express consent. Your monthly payment will be fixed throughout the lifetime of your account. However, changes to your Google Search Phrase(s), at your request, may be subject to rate changes and additional phrases will be subject to the then current rate even if it is different from the rate for current phrases you may have. Further any further details regarding your account can be answered by contacting our Customer Services Department at 855-466-4530.
Indemnification and Hold Harmless. To the maximum extent allowed by law, Client agrees to defend, indemnify and hold harmless FOCUS LLC, its parent companies, subsidiaries, affiliates, and each of their respective employees, members, officers, directors, contractors, assigns and agents for any cost, expense, fee, fine, damage or other liability, including without limitation attorneys’ fees and costs arising out of any actions, suits, claims, arbitrations, investigations, proceedings, demands and/or incidents (“Claims”) in connection with, or arising out of, or are alleged to arise out of, or in connection with FOCUS LLC’s furnishing of the Services to Client, or in any way related to the performance thereof, excepting only those damages, liabilities or costs attributable to the negligence or intentional acts or omissions of FOCUS LLC, an agent or an employee of FOCUS LLC.
Licenses. You hereby grant Focus non-exclusive, irrevocable, royalty-free, worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, if needed, in order to direct traffic to your website through marketing.
Authority to Bind: No employee or specialist of Focus LLC or any of its divisions are authorized to offer or agree to any binding agreement with another party by email without the approval of an Account Manager.
Arbitration. Any dispute, controversy, claim, breach or alleged breach relating to this Agreement will be submitted to, and settled by, arbitration in Portland, Oregon, pursuant to the procedural rules of the Arbitration Service of Portland, Inc., upon the request of a Party. Any award rendered shall be final and conclusive upon the Parties and a judgment based on that award may be entered in the highest court of the forum, state or federal, having jurisdiction. The non-prevailing party will pay the prevailing party’s reasonable attorney fees and costs incurred in connection with any legal action initiated by either Party in order to enforce the Agreement or any of its provisions, or in connection with any alleged dispute, breach, default, interpretation, or misrepresentation of this Agreement.
Governing Law: This Agreement and all claims relating to the relationship between the parties will be governed by, enforced, and interpreted under the laws of the State of Oregon without regard to its choice of law principles. In the event of legal action to interpret or enforce this Agreement, I agree that the exclusive and mandatory forum for all disputes will be in state court in Multnomah County, Oregon. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
Waiver. Failure to insist upon strict compliance with any term or condition of this Contract shall not constitute a waiver of such term or condition, nor shall any waiver or relinquishment of any right or power under this Contract at any one or more times be deemed a waiver of relinquishment of such right or power at any other time. If you have questions on your account, please call our Customer Service Department at 855-466-4530 Choose option #1 during our business hours.
Billing Policy. It is your responsibility to update Focus with any and all changes to your customer information, including but not limited to, your personal and professional contact information, your subscribed website address, and your payment information. If your payment fails for any reason, your campaign may remain online for up to 30 days as Focus LLC attempts to contact you to collect updated payment information. This does not negate your obligation to pay any and all monies owed to Focus LLC. If your account is not brought current within 30 days Focus LLC has the right to immediately disable all of your marketing and turn your account over to a collection’s agency.
Cancellation Policy. This Agreement may not be canceled during the Initial Term. After the Initial Term, all cancellation requests MUST be received at least three (3) business days prior to the monthly billing date. Cancellation requests must be submitted by email or through http://searchedfound.com/cancellations. If notice of cancellation is not given within the said time frame, Focus cannot prevent an automatic charge to the account and therefore you will be charged for an additional month.