Terms & Conditions

Last updated: October 7, 2025

These Terms & Conditions (the “Terms”) govern your access to and use of the website, client portal, events, and consulting services offered by FOCUS FOODSERVICE LLC (“Focus Foodservice,” “we,” “us,” or “our”) via the Wix® platform located at focusfoodsserves.com (the “Site”), as well as your purchase of memberships, session packages, and webinar/event access processed through Wix Payments. By creating an account, purchasing a plan or service, attending a webinar (online or in-person), or otherwise using the Site, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Site or our Services.

1. Company & Contact

FOCUS FOODSERVICE LLC 261 Germantown Bend Cove #101 Cordova, TN 38018, USA Email: support@focusfoodsserves.com (or as listed on the Site) Website: focusfoodsserves.com

We operate our Site and client portal on the Wix platform and process payments through Wix Payments. Additional third‑party tools (e.g., Zoom®, Google Meet™, calendar and email providers) may be used to deliver the Services.

2. Definitions

Account — your registered profile on the Site or client portal.
Services — our digital, advisory, and educational offerings, including memberships (e.g., Silver, Gold), session packages, webinars, workshops, and related deliverables (e.g., PDFs, brand kits, templates), whether delivered online or in person.
Membership — a subscription or plan that may include access to certain webinars (in-person/online) at no additional charge, subject to plan limits, fair use, and these Terms.
Event/Webinar — a scheduled live or recorded session. Attendance may require advance registration and compliance with event rules.
Deliverables — digital materials made available to you (e.g., guides, brand kits, templates, recordings).
Client Portal — the authenticated area where Services and Deliverables are accessed.
Wix Payments — the payment processing service for transactions on the Site.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. If you access the Services on behalf of a business or organization, you represent that you are authorized to bind that entity and that “you” refers to both you and that entity.

4. Nature of Our Services (No Physical Goods)

We provide digital-only consulting, advisory, and educational services. Unless expressly stated otherwise, no physical products are shipped. Delivery is effected through email, calendar invitations, webinar links, the client portal, or other electronic means, and evidenced by access logs, timestamps, or download confirmations.

5. Accounts, Security & Verification

Account Creation. You must provide accurate, complete information and keep it current. We may require identity or business verification to prevent fraud and ensure compliance.
Credentials. Keep your login credentials confidential. You are responsible for all activities under your Account. Notify us immediately of any unauthorized use.
Single-User Access. Unless your plan explicitly permits multiple users, Accounts are limited to a single natural person per login. Shared credentials are prohibited.
Verification & Controls. We may implement or require MFA, ID checks, CAPTCHA, IP and device checks, or other measures, including 3-D Secure (3DS) where supported by the card issuer.

6. Plans, Pricing & Billing

Pricing & Taxes. Prices are shown on the Site and are subject to change. Taxes, if applicable, will be calculated at checkout. You are responsible for any applicable taxes or regulatory fees not collected by us.
Memberships (e.g., Silver, Gold). Memberships may include:

Access to specified webinars (in-person/online) without additional per-event fees; and/or
Session credits, advisory time, or Deliverables. Access is subject to fair use (Section 7) and event-specific capacity limits.

Pay-Per-Webinar. Where offered, you may purchase access to an individual webinar separately. Access is personal and non-transferable.
Joining/Setup Fees. Certain plans may include a one-time joining or setup fee.
Payment Processing. Transactions are processed via Wix Payments using the payment methods shown at checkout. By purchasing, you authorize our payment processor to charge your card or chosen method for the amounts due, including recurring charges if applicable.
Failed Payments. If a payment fails or is reversed, we may suspend access until the balance is settled. We may attempt to reprocess failed payments.
Currency. Unless stated otherwise at checkout, charges are in USD.

7. Membership Access, Fair Use & Upgrade/Downgrade

Access Rules. Memberships may permit attendance at certain webinars at no additional charge. Access is contingent on:

Active membership status and timely payment;
Compliance with event registration procedures and capacity limits;
Use of your own Account and identity; and
Compliance with these Terms and event rules.

Fair Use. To ensure equitable access, we may limit:

The number of events you can attend per billing period;
Concurrent logins or device counts; and
Excessive downloading or redistributing of Deliverables. We may require identity confirmation and may deny access where abuse is suspected.

Upgrades/Downgrades. Upgrades take effect upon payment and confirmation. Downgrades typically apply at the next billing cycle. We may apply pro-rata adjustments where stated on the Site.
Non-Transferable. Memberships and event registrations are personal to the Account holder and may not be resold, shared, or transferred.

8. Scheduling, Cancellations & No-Shows

Scheduling. Advisory sessions and certain events require advance booking. We provide reasonable time‑slot availability.
Rescheduling. You may reschedule within the window stated on the Site (e.g., at least 24 hours’ notice). Late rescheduling may forfeit the session.
No-Shows. If you fail to attend a booked session without timely notice, the session may be deemed delivered/forfeited.
Our Changes. We may reschedule or substitute presenters for legitimate reasons (e.g., illness, technical issues). If we cancel without offering a reasonable alternative, we will provide a credit or refund for the affected session/event fee.

9. Digital Delivery & Evidence of Fulfillment

Delivery Methods. Delivery may occur through: (a) client portal access, (b) email of materials or links, (c) calendar invitations and webinar links, and/or (d) in‑person attendance lists.
Evidence. Delivery is evidenced by timestamps, portal access logs, download confirmations, email delivery logs (SPF/DKIM), calendar confirmations, or check‑in records.
Revocation. If a refund is issued or required, we may revoke access to Deliverables and the client portal, and we may request deletion of previously supplied materials.

10. Refunds, Disputes & Chargebacks

General Policy. Unless a specific product page states otherwise, all sales for digital consulting, webinars, and Deliverables are final once delivery or attendance is available. Notwithstanding the foregoing, we may offer refunds or credits in our discretion for service interruptions we cause or for cancellations per Section 8.4.
How to Request. Contact us first at the email listed in Section 1 with your order details. Many issues can be resolved quickly with schedule adjustments or replacement access.
Chargebacks. Filing a chargeback without first contacting us may delay resolution. We provide objective evidence of delivery/availability in response to chargebacks (e.g., order timelines, access logs, emails, and recordings). If a chargeback is decided in our favor, you remain responsible for the original amount and any fees.
Refund Effects. Upon refund, related access to materials, events, or membership features will be revoked, and you must cease using any Deliverables associated with the refunded order.

11. Acceptable Use & Community Standards

By using the Services, you agree not to:

Misrepresent your identity or attempt to access another person’s Account;
Circumvent technical controls (e.g., tokenized links, capacity limits, 3DS, rate limits);
Record, rebroadcast, or redistribute webinars without written consent;
Upload or transmit unlawful, infringing, or harmful content;
Harass staff or other attendees; or
Use the Services for any unlawful purpose.

We may suspend or terminate access for violations, with or without notice, and without refund where abuse or bad faith is evident.

12. Intellectual Property & License

Our IP. The Site, content, webinars, recordings, templates, documentation, and Deliverables are owned by us or our licensors and protected by intellectual property laws.
Your License. Subject to payment and compliance with these Terms, we grant you a limited, non‑exclusive, non‑transferable license to use Deliverables for your internal business purposes only, unless otherwise stated in writing.
Restrictions. You may not copy, modify, reverse engineer, resell, sublicense, or publicly distribute Deliverables or webinar content without our prior written consent.
Marks. Our names, logos, and trademarks may not be used without permission.

13. User Content & Feedback

User Content. If you submit content (e.g., questions, assignments, brand assets), you retain your rights in that content but grant us a worldwide, royalty‑free license to use it to deliver the Services to you and to improve the Services (subject to our Privacy Notice).
Feedback. If you provide feedback or suggestions, we may use them without restriction or compensation.

14. Third‑Party Services

We may use or link to third‑party platforms (e.g., Wix, Wix Payments, Zoom/Google Meet, email/calendar providers). Your use of those services may be subject to their terms and privacy policies. We are not responsible for third‑party acts or omissions.

15. Privacy

Your privacy is important to us. Please review our Privacy Notice (linked on the Site) to understand how we collect, use, and share personal information. By using the Services, you consent to our privacy practices.

16. Payment Processing via Wix Payments

Processor. Payments are processed by Wix Payments (and its underlying acquiring banks/providers). By purchasing, you agree to Wix Payments’ applicable terms and privacy practices.
Security. We may enable AVS/CVV checks, 3‑D Secure (3DS) where supported, fraud screening, and velocity limits. Transactions may be declined or held for review by Wix Payments.
Compliance. You agree not to use stolen or unauthorized payment methods and to cooperate in any required verification.

17. Trials, Promotions & Coupons

Any trial period, promotional pricing, or coupon is offered at our discretion and may be modified or withdrawn at any time, subject to the specific terms disclosed at the time of the offer. Unless otherwise stated, promotions cannot be combined and apply only to new customers.

18. Changes to Services

We may modify features, content, or availability of the Services (including schedules, presenters, or event formats) to improve quality or for security, legal, or operational reasons. Where a material change adversely affects a paid booking and no reasonable substitute is available, we will provide an appropriate credit or refund for the affected portion.

19. Term; Suspension; Termination

Term. These Terms remain in effect while you use the Services.
Suspension. We may suspend access immediately for suspected fraud, violation of these Terms, non‑payment, or legal requests.
Termination. Either party may terminate at any time for convenience (membership termination typically takes effect at the end of the current billing term unless otherwise stated). Upon termination, your licenses end and you must cease use of Deliverables.

20. Disclaimers

No Guarantee of Results. Consulting and educational Services provide information, guidance, and tools. Business outcomes depend on many factors beyond our control. We make no guarantees of specific results, revenue, or performance.
As‑Is. The Services and Deliverables are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non‑infringement.
Availability. We do not warrant that the Services will be uninterrupted, timely, secure, or error‑free.

21. Limitation of Liability

To the fullest extent permitted by law:

Indirect Damages. We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, data, or business interruption.
Cap. Our total liability for any claim arising out of or relating to the Services will not exceed the amount you paid to us for the Service giving rise to the claim in the three (3) months preceding the event giving rise to liability.
Essential Purpose. These limitations apply even if a remedy fails of its essential purpose.

Some jurisdictions do not allow certain limitations; in such cases, the above limitations apply to the maximum extent permitted by law.

22. Indemnification

You agree to defend, indemnify, and hold harmless Focus Foodservice and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any law or the rights of a third party; or (d) content you submit to the Services.

23. Dispute Resolution; Governing Law; Venue

Governing Law. These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.
Informal Resolution. Before filing a formal claim, you agree to email us and try to resolve the dispute informally within thirty (30) days.
Arbitration. Except for small claims and claims for injunctive relief or intellectual property, any dispute arising under these Terms will be finally resolved by binding arbitration administered by a reputable arbitration provider in Tennessee, in English, on an individual basis. You and we waive any right to a jury trial and to participate in class actions. The arbitrator may award individual relief as permitted by law, but may not consolidate claims of others.
Venue for Litigation. For claims that are not subject to arbitration (e.g., small claims, injunctive relief), the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Shelby County, Tennessee.

24. Compliance; Export; Sanctions

You may not use the Services if you are subject to U.S. sanctions or on any restricted party list. You agree to comply with all applicable export control and sanctions laws.

25. Communications; E‑Sign Consent

By creating an Account or purchasing a Service, you consent to receive emails and electronic communications from us (e.g., confirmations, invoices, updates). You agree that electronic communications satisfy any legal requirements that such communications be in writing. You may opt out of marketing emails at any time.

26. Changes to These Terms

We may update these Terms from time to time. Changes take effect when posted on the Site with an updated “Last updated” date. If a change materially affects your existing paid Services, we will provide notice through the Site or by email and will apply changes prospectively or at the next renewal, unless immediate changes are required by law or security.

27. Force Majeure

We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, wars, terrorism, civil disturbances, government actions, pandemics, public health emergencies, failures of third‑party networks/platforms, or internet/service outages.

28. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

29. Entire Agreement; No Waiver

These Terms, together with any order confirmation, plan description, and our Privacy Notice, constitute the entire agreement between you and us regarding the Services. Our failure to enforce any provision is not a waiver of that provision.

30. Severability

If any provision of these Terms is found unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remainder will remain in full force and effect.

31. Notices

We may provide notices via email, through the Site, or to your Account. You may provide notices to us at the address in Section 1 or via the support email listed there. Notices are deemed given when sent (email) or upon delivery confirmation (postal mail).

32. Event/Webinar Rules

Registration. You must register using your own name and Account. Seats may be limited. Priority may be given to specific Membership tiers.
Attendance. For online events, maintain a reliable internet connection and follow presenter instructions. For in‑person events, follow venue rules and any health/safety protocols.
Recording. We may record events. By attending, you consent to being recorded. You may not record or distribute without permission.
Conduct. Be respectful. We may remove anyone who disrupts or violates event rules without refund.

33. Service-Specific Terms (Illustrative)

Depending on your plan, you may receive:

Advisory Sessions. Scheduled time with our team. Deliverables may include notes, action items, and links to resources.
Brand/Packaging Collateral. Concepts and drafts for your internal use. Final deliverables and IP ownership or license scope will be as specified at purchase (or in a separate SOW). Unless otherwise agreed in writing, Deliverables are licensed (Section 12.2), not sold.
Templates & Guides. Practical materials for internal reference. You are responsible for legal and regulatory compliance of your business.
Recordings & Replays. Access to recordings may be available for a limited time and only to registered attendees/members.

34. Fraud Prevention & Abuse Mitigation

To protect our clients and Services, we may:

Require ID or business verification;
Employ device fingerprinting, IP checks, and rate limits;
Limit plan upgrade frequency and enforce cooldown periods;
Revoke access in cases of suspected abuse, fraud, or chargeback misuse; and
Provide objective evidence of delivery/availability in dispute processes.

35. Corporate & Team Plans

If you purchase a corporate/team plan (where available), we will specify permitted user counts and roles. You must ensure your users comply with these Terms. You remain responsible for activity under your corporate Account.

36. Support

We aim to respond to support inquiries promptly during business hours (Monday–Friday, 8:00 a.m.–5:00 p.m. Central Time, excluding holidays). Response times may vary. For urgent issues affecting access, include “URGENT” in the subject line.

37. How to Cancel

You can cancel a Membership in your Account or by contacting support. Unless otherwise stated, cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial periods, except where required by law or expressly stated on the plan page.

38. Contact for Rights Requests

If you have questions about these Terms, refunds, or your rights, contact us using the details in Section 1.

By using the Site or purchasing the Services, you acknowledge that you have read, understood, and agree to these Terms & Conditions.