Terms of Use

Your Use Generally:

John Foley CenterPoint Companies, Inc. (“Centerpoint”, “we”, “us” or “our”) operates the web site at https://johnfoleyinc.com (the “Website”).The following terms and conditions (these “Terms of Use”) apply to all visitors (“Visitors”) and those who have registered for an account (“Subscribers”) to the Website. Subscribers and Visitors are both sometimes referred to herein as “you” or “your.”By accessing and/or visiting the Website you acknowledge that you have read and understand these Terms of Use, and that you agree to be legally bound by these Terms of Use, as they may be modified by Centerpoint at any time and posted on the Website.In the event of a violation of these Terms of Use, Centerpoint reserves the right to seek all remedies available by law and in equity. Centerpoint retains the right at our sole discretion to deny access to anyone to the Website, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You should not use the Website if you have any objections to any of these Terms of Use.Moreover, you should visit this page from time to time to review these Terms of Use to learn of and understand any changes, because such changes and revisions are binding on you. Your use of this Website following any such changes and revisions constitutes your agreement to follow and be bound by these Terms of Use as revised.

Registering for an Account:

You may be required to register for an account (an “Account”) in order to access certain areas of the Website.With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that:

You are responsible for maintaining the confidentiality of any password you establish for your Account.You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website to any third party.You are fully responsible for all interactions with the Website that occur in connection with your user name.You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your Account, your user name or the Website.You also agree that you will “log off” and exit from your Account at the end of each session.We are not liable for any loss or damage arising from your failure to comply with any of these obligations.

Limited License to Use Materials:

In connection with the creation, hosting, maintenance and/or display of the Website, Centerpoint uses certain Centerpoint proprietary materials or other materials licensed to Centerpoint, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio, User Submissions (as defined below), trademarks, service marks and trade names (collectively, “Materials”) that are protected by copyright laws and other U.S. and international laws and treaties.All Materials are provided by Centerpoint as a service to Visitors and Subscribers, and, unless otherwise authorized, may be used only for informational purposes and only if you retain all copyright and other proprietary notices contained on the Materials.No right, title or interest in our Materials is conveyed to you.This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit the Website, any of its Materials, or any related software without our prior written permission. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Centerpoint.

Trademarks:

Centerpoint retains all rights regarding its trademarks, trade names, brand names, logos and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks and are protected by U.S. federal and state trademark laws and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Website. Your misuse of the trademarks, trade names, brand names, or trade dress displayed on the Website is strictly prohibited.

User Submissions:

The Website may permit you to voluntarily post content, including photographs, videos, comments or other material (each a “User Submission”). If you post User Submissions, you confirm you are at least 18 years old or the age of majority in your jurisdiction, and you agree to the following terms:

  1. Posting a User Submission constitutes your consent and grant to Centerpoint an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the User Submission, your name, likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes throughout the World whatsoever, including, without limitation, advertising, marketing or commercial purposes, without any payment to or further authorization by you.
  2. You waive any right to inspect or approve any material in which Centerpoint may eventually use your User Submission and understand that Centerpoint may crop, shape, or otherwise adjust any User Submission.  
  3. You represent and warrant that the User Submission will not violate the intellectual property or proprietary rights of any third party, and you are legally entitled to post the User Submission and to grant all relevant licenses and permissions to use the User Submission as contemplated herein.
  4. You agree not to take any legal action against, and release and discharge Centerpoint and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User Submission, your name, likeness, voice or biographical information, as contemplated herein.
  5. You understand and agree that a User Submission may be accessed and viewed by others, including by the general public, and, whether or not such User Submission is published, Centerpoint does not guarantee any confidentiality with respect to any User Submission. You are solely responsible for your own User Submission and the consequences of its publication on the Website or elsewhere (assuming we choose to post it once submitted). We reserve the right to determine in our sole discretion whether User Submission is appropriate; whether it complies with these Terms of Use, our standards, and applicable law; and whether they may be posted or removed. 

Prohibited Uses of Website:

You shall not post, transmit, redistribute, upload, or promote any communications, User Submissions or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.

Notice of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA):

Centerpoint does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Centerpoint will remove User Submissions if properly notified that such User Submissions infringe on another’s intellectual property rights. Centerpoint reserves the right to remove User Submissions without prior notice. Centerpoint may also terminate a user’s access to the Website if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.

If you are a copyright owner or an agent thereof and believe that any User Submission, Materials or other content infringes upon your copyrights, you may notify us by providing the following information in writing:

     (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

     (2) Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;

     (3) Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;

     (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;

     (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

     (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on the Website can be reached as follows:

By Email: You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

Disclaimers:

THE WEBSITE IS PROVIDED TO VISITORS AND USERS “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, the foregoing disclaimer may not apply to you.

Without limitation on the foregoing, Centerpoint does not warrant that the Website will operate error-free or that the Website and its servers are free of computers viruses or other harmful mechanisms.  If your use of the Website results directly or indirectly in the need for servicing or replacing equipment or data, Centerpoint is not responsible for those costs.  In addition, Centerpoint makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any User Submission.  Documents and other communications may contain inaccuracies or typographical errors.  You agree that any reliance on documents and other communications posted by users will be at your own risk. Centerpoint makes no representation or guarantees regarding the content of the Website, including, but not limited to, broken links, inaccuracies, or typographical errors.

Limitation of Liability:

IN NO EVENT WILL CENTERPOINT BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THE WEBSITE OR ANY OTHER RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION VIEWED, EVEN IF CENTERPOINT IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.  Centerpoint’s maximum liability arising out of or in connection with  or a user’s use of Centerpoint’s Website or Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount paid to Centerpoint during the two (2) months prior to the action, or fifty dollars ($50), whichever is more.  In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Privacy:

For Visitors and Subscribers, Centerpoint’s disclosure and use of personal information you provide when using the Website is described in our Privacy Policy.

Consent to Electronic Delivery of Notices:

By agreeing to these Terms of Use, you consent to receive all communications, including notices, agreements, legally-required disclosures or other information in connection with these Terms of Use or your use of the Website and related services (collectively, “Notices”) electronically from Centerpoint. You agree that Centerpoint may send you electronic Notices by (a) email to an email address you provide to Centerpoint, and/or (b) by posting the Notices on a main page of the Website or other webpage designated by Centerpoint for this purpose. You must check your designated email address regularly for Notices from Centerpoint. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. The delivery of any Notice from Centerpoint is effective when sent by Centerpoint, regardless of whether you read the communication or when you receive it. You may withdraw your consent to receive Notices electronically by discontinuing your use of the Website.

Dispute Resolution:

These Terms of Use shall be governed by and construed under the substantive laws of the State of CA, without giving effect to its conflict of laws considerations.  Claims arising from or relating to the Website and these Terms of Use, including but not limited to initial claims, counterclaims, cross-claims, and third-party claims, and claims based upon contract, tort, intentional tort, statutes, regulations, common law and equity (“Claims”), shall be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.  Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.  By agreeing to these Terms of Use, you irrevocably and unconditionally agree that you have no right to litigate any Claim in any court or to have a jury trial.  Furthermore, Claims will be arbitrated only on an individual basis and will not be joined or consolidated with any other Claims, arbitrations or proceedings that involve any Claim or controversy of any other party.  Moreover, there will be no right or authority for any Claim to be litigated or arbitrated on a class action basis, or any other basis involving Claims brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.

Linking:

Generally: Centerpoint or its Subscribers may offer links to websites operated by third parties. Centerpoint does not control and is not responsible or liable for the content, advertising, products, or other materials on or available from such third party sites.  Your access to such sites is at your own risk and Centerpoint disclaims all liability arising out of or in any way connected to your access of such third party sites.  None of such links should be deemed to imply that Centerpoint endorses the third party sites or any content on such sites.

The Online Store: This Website contains a link to our online store located at www.JohnFoleyIncStore.com.  The Online Store is hosted by Shopify Inc. (“Shopify”), which provides the online e-commerce platform that allows us to sell our products and services to you. To the extent that you access, utilize, and/or visit the Online Store, you acknowledge and agree that you are legally bound by the Online Store’s terms of service and privacy policy. Centerpoint is not responsible for the privacy practices or the content on Shopify other than as may be set forth in the Online Store’s terms of service and privacy policy. Moreover, the Online Store and Shopify may collect personal information from you when you link to their sites. This collecting of information is not subject to the control of Centerpoint. To ensure protection of your privacy, always review the privacy policies of the Online Store and Shopify, as well as any other website you may visit when linking away from the Website.

International Users:

The Website is controlled and offered by Centerpoint from its facilities in the United States. Centerpoint makes no representations that the Website is appropriate or available for use outside of the United Sates. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity:

You agree to defend, indemnify and hold harmless Centerpoint, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Assignment:

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Centerpoint without restriction.

Changes to Website:

Centerpoint reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, services and features available on the Website (or any part thereof) with or without notice.  You agree that Centerpoint shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or services and features of the Website (or any part thereof).

Changes to Terms of Use:

Centerpoint reserves the right, from time to time, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the Website. The most current version of the Terms of Use will supersede all previous versions. We will provide at least thirty (30) days’ notice before any material changes take effect.  If you disagree with such changes simply discontinue your use of the Website and/or applicable services before the changes take effect.  Your use of the Website and/or continued use of our service after changes are made signifies your agreement to such changes.

*Last updated September 9, 2015

*Effective October 2015