These Legal Notice and Terms of Use (“Terms”) govern your access to and use of www.FocusPointDesign.com and any related pages operated by FocusPoint Design LLC.
By accessing or using this website, you agree to these Terms. If you do not agree, do not use the website.
1. Website Operator
This website is operated by:
FocusPoint Design LLC Honolulu, Hawaii, United States
FocusPoint Design provides brand identity, graphic design, brand strategy, marketing, creative consulting, and AI-integration services.
2. Informational Purpose
The website and its content are provided for general informational, educational, promotional, and portfolio purposes.
Website content does not constitute legal, tax, accounting, financial, investment, or other regulated professional advice. You should not rely on general website content as a substitute for advice tailored to your circumstances.
Descriptions of services, processes, timelines, outcomes, or capabilities are general in nature and do not constitute a binding offer or guarantee.
3. No Client Relationship
Viewing the website, downloading materials, submitting a contact form, requesting information, or exchanging preliminary messages does not create a designer-client, consultant-client, fiduciary, confidential, or other professional relationship.
A client relationship is created only when FocusPoint Design and the client enter into a written agreement accepted by both parties.
Do not submit confidential, proprietary, legally privileged, or highly sensitive information through the general contact form. Information submitted before a written agreement or confidentiality agreement is in place may not be treated as confidential.
4. Client Agreements Control
All paid services are governed by a separate written proposal, statement of work, service agreement, licensing agreement, or other contract.
If these website Terms conflict with a signed client agreement, the signed client agreement controls with respect to that client engagement.
Project scope, pricing, payment terms, deliverables, revisions, intellectual-property ownership, licensing rights, cancellations, and warranties will be determined by the applicable written agreement.
5. Intellectual Property
Unless otherwise stated, the website’s original content, including its text, branding, graphics, layouts, icons, design systems, presentations, downloads, frameworks, processes, and other materials, is owned by or licensed to FocusPoint Design LLC and is protected by copyright, trademark, trade-dress, and other intellectual-property laws.
You may view the website for personal or internal business-evaluation purposes.
You may not, without prior written permission:
- Copy, reproduce, republish, sell, license, or distribute website content
- Remove copyright, trademark, or attribution notices
- Present FocusPoint Design’s work as your own
- Use website content to create a competing template, product, service, dataset, or training resource
- Scrape, harvest, or systematically extract website content
- Use website content to train an artificial-intelligence system or machine-learning model
- Use FocusPoint Design’s name, branding, or materials in a manner that suggests sponsorship, endorsement, or affiliation
Limited quotations may be used when permitted by law and accompanied by clear attribution.
6. Portfolio Work and Third-Party Marks
The website may display client projects, concepts, case studies, product images, photographs, logos, trademarks, or other third-party materials for portfolio, commentary, attribution, or illustrative purposes.
Client and third-party names, trademarks, logos, photographs, and other materials remain the property of their respective owners.
Displaying a project does not imply that FocusPoint Design owns every underlying trademark, photograph, product, or third-party asset shown within it. It also does not imply an ongoing endorsement, partnership, or sponsorship unless expressly stated.
Conceptual, speculative, educational, or self-initiated work should not be interpreted as commissioned client work unless it is clearly identified as such.
7. Artificial-Intelligence-Assisted Content
Some website copy, concepts, mockups, demonstrations, images, or production elements may be created, refined, or enhanced using artificial-intelligence tools.
AI-assisted materials may be used for ideation, visualization, education, or demonstration. Such materials are not necessarily representations of final client deliverables or actual business results.
FocusPoint Design reviews and directs its published content but does not warrant that AI-assisted material will be error-free, unique, suitable for trademark registration, or free from similarities to existing material.
Final intellectual-property clearance, trademark searches, legal review, and registration decisions must be addressed separately when applicable.
8. Acceptable Use
You agree not to use the website to:
- Violate any law or third-party right
- Attempt to gain unauthorized access to the website or related systems
- Introduce malware, malicious code, or disruptive technology
- Interfere with website performance or security
- Impersonate another person or organization
- Submit false, misleading, abusive, or unlawful information
- Harvest contact information or use the website for unsolicited marketing
- Circumvent access restrictions or security measures
- Conduct automated scraping, extraction, or testing without permission
FocusPoint Design may restrict or block access when misuse is suspected.
9. Third-Party Links and Services
The website may include links to third-party websites, social platforms, portfolio services, scheduling tools, or other external resources.
Links are provided for convenience and do not necessarily constitute an endorsement. FocusPoint Design does not control and is not responsible for third-party content, availability, security, privacy practices, products, or services.
Your use of a third-party website is governed by that third party’s terms and policies.
10. No Guarantee of Results
Branding, design, marketing, and consulting outcomes depend on numerous factors outside FocusPoint Design’s control, including implementation, management decisions, market conditions, customer behavior, budgets, competition, timing, and third-party platforms.
Examples, case studies, testimonials, projections, or discussions of potential benefits do not guarantee identical or specific results.
11. Disclaimer of Warranties
The website and its content are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, FocusPoint Design disclaims all express and implied warranties concerning the website, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, availability, security, and freedom from errors or harmful components.
FocusPoint Design does not warrant that the website will always be available, uninterrupted, secure, complete, accurate, or current.
Some jurisdictions do not permit the exclusion of certain warranties, so portions of this section may not apply to you.
12. Limitation of Liability
To the fullest extent permitted by law, FocusPoint Design LLC and its owner, contractors, representatives, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of, or inability to use, the website.
This includes loss of profits, revenue, data, business opportunity, goodwill, or anticipated savings.
To the fullest extent permitted by law, FocusPoint Design’s total liability arising from your use of the public website will not exceed one hundred U.S. dollars.
These limitations do not apply where liability cannot lawfully be limited or excluded.
13. Indemnification
You agree to defend, indemnify, and hold harmless FocusPoint Design LLC and its owner, contractors, and representatives from claims, damages, liabilities, losses, and reasonable expenses arising from:
- Your unlawful or unauthorized use of the website
- Your violation of these Terms
- Content or information you submit
- Your infringement of another person’s rights
This section does not require indemnification for conduct for which indemnification is prohibited by law.
14. Privacy
Your use of the website is also governed by the FocusPoint Design Privacy Policy.
Do not submit payment-card information, protected health information, Social Security numbers, passwords, or other highly sensitive information through the website.
15. Accessibility
FocusPoint Design aims to provide a website that is usable by a broad audience.
Visitors who encounter an accessibility barrier may report it through the Contact page. We will make reasonable efforts to review and address reported issues.
This statement is not a representation that every part of the website conforms to a particular accessibility standard unless expressly stated.
16. Changes to the Website or Terms
FocusPoint Design may modify, suspend, remove, or discontinue any portion of the website at any time.
These Terms may also be updated. Revised Terms will be posted on this page with a new effective date. Continued use of the website after an update constitutes acceptance of the revised Terms.
17. Governing Law and Venue
These Terms are governed by the laws of the State of Hawaii, without regard to conflict-of-law principles.
Any legal action arising from the public website or these Terms must be brought in a state or federal court with jurisdiction in Honolulu County, Hawaii, unless applicable law requires otherwise.
18. Severability and Waiver
If a provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
A failure by FocusPoint Design to enforce a provision is not a waiver of that provision or any other right.
19. Contact
Questions concerning these Terms may be submitted through the Contact page at: