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Agreement to Terms of Use:
Fusion Solutions Inc. provides access and
use of this web site, located at www.fusionsolutionsinc.com,
subject to your agreement to all terms, conditions, and notices
contained or referred to herein. Please read the Terms of
Use carefully before accessing or using this site. By accessing
or using the site, you agree to be bound by these terms. If
you do not agree to these terms, please do not use this site.
The terms and information contained within this site may be
updated or revised from time to time without notice to you.
You agree to periodically review these terms, and your continued
access to, or use of, this site shall constitute your acceptance
of such updates and or revisions.
Contact Information:
If asked to provide your e-mail address
during your use of this site, you will provide an accurate
and complete e-mail address.
Use of Information and Message Boards:
Third parties may provide certain information,
materials, products, services, data, text, software, graphics,
sound, photographs, video and messages regarded as content
on the Site. Although we believe that such content comes from
trustworthy sources, we do not sponsor, endorse, recommend,
or license any such third-party content. You should directly
contact the third parties and/or their references for the
most accurate information.
Site Conduct:
You agree to abide by the following rules:
1,You may not upload, post, transmit, copy
or facilitate distribution of content that:
(a) Is unlawful, harassing, fraudulent,
harmful, threatening, abusive, hateful, that violates the
property rights of others, including infringing use of a copyright,
patent, trademark, or trade secret, that violates the privacy
or publicity right of others; victimizes, harasses, degrades,
or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability.
(b) Constitutes advertising, junk or bulk
e-mail, also known as "Spam", and any other form of unauthorized
solicitation.
(c) Contains software viruses or any other
computer code, files, or programs that are designed or intended
to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage or
obtain unauthorized access to data or other information of
any third party.
(d) You may not interfere with other users'
use of this site.
(e) You may not use this site to conduct
any activity that is illegal or that violates the rights of
others.
(f) You may not use the site to advertise
your products or services to others.
(g) You may not post or transmit content
that you do not have a right to transmit under any law or
under contractual or fiduciary relationships such as; inside
information, confidential information, etc.
(h) You may not use the site to collect
or store personal data about other users.
Content:
We are not responsible for the accuracy
of any content on this site. If you believe that any content
posted on the site is infringing or otherwise violates the
terms, please contact us immediately. We reserve the right
to delete or edit content submitted to or appearing on this
site However, we are not responsible for any failure or delay
in removing such content.
Internet Links:
This site may provide, or third parties
may provide, links to other Internet sites. We do not endorse,
and are not responsible for, any such sites or the information,
material, products or services contained on or accessible
through those sites. You acknowledge that we shall not be
responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection
with use of, or reliance upon, any such information, material,
products, or services.
Third Parties:
Your correspondence or business transactions
with, or participation in promotions of, third parties found
on, or e-commerce through, this site and any other terms,
conditions, warranties or representations associated with
such dealings, are solely between you and such third party.
You agree that we shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such
transactions or as the result of the presence of such third
parties on the Site.
DISCLAIMER OF WARRANTIES:
ALL CONTENT IS PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT
THAT THE CONTENT IS ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY,
SECURE, ERROR-FREE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; THAT THE SITE WILL MEET YOUR REQUIREMENTS
OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SITE WILL
BE SATISFACTORY; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOUR USE OF
THIS SITE IS SOLELY AT OUR RISK. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES,
GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, OR PARTNERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, WE CANNOT GUARANTEE,
AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED
TO, THE TIMELINESS, ACCURACY, OR COMPLETENESS OF THE CONTENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
Indemnification:
You agree to indemnify, defend and hold
harmless us, our affiliates, governing board, officers, agents,
employees, partners, and suppliers from any liability, loss,
claim, demand, and expense (including reasonable attorneys'
fees) related to (a) your use of the Site; (b) your violation
of these Terms; or (c) your posting of Content to the Site.
We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which you will cooperate with us to the fullest
possible extent.
Modifications to Site:
We reserve the right to, from time to time,
discontinue or modify, temporarily or permanently, the information,
services, products, and/or other content on this site with
or without notice.
Use and Storage of Content on the Site:
We may establish general practices and limits
concerning the use of the Site, including without limitation,
the maximum number of days that content will be available
on, or retained by, this site. We, in our sole discretion,
reserve the right to change these general practices and limits
at any time.
Termination:
We may, in our sole discretion, with or
without notice, suspend or terminate your use of this site,
and remove and discard any content on this site, for any reason
(including, without limitation, for a violation of the Terms).
We may also bar you from any future access to this site. We
will not be liable to you for any such suspension, termination
or prohibition on future access. Should you object to any
subsequent modifications of the terms and conditions of these
Terms, your sole recourse will be to immediately notify us
of your termination of these Terms, which termination will
be effective immediately. To the extent permitted by applicable
law, the terms and conditions of these Terms will survive
any termination of these Terms.
Notices:
Any notices to you by us may be made by
either e-mail or regular mail.
General Provisions:
These Terms constitute the entire agreement
between you and us and govern your use of this site, superseding
any prior agreements between you and us regarding the Site
(including, but not limited to, any prior versions of these
Terms). These Terms and the resolution of any dispute related
to these Terms or the Site shall be governed by and construed
in accordance with the laws of the State of Texas, without
giving effect to any principles of conflicts of law of that
or any other jurisdiction. Our failure to insist upon strict
enforcement of any provision of these terms shall not be construed
as a waiver of any provision or right. If any provision of
these terms is held to be invalid or unenforceable, the remaining
provisions of these Terms will be enforced in accordance with
their terms. The section headings in these Terms are for convenience
only and have no legal or contractual effect. Regardless of
any statute or law to the contrary, you hereby waive your
right to bring any claim against us more than one year after
such claim first arose.
Consent to Jurisdiction and Venue:
You hereby agree that the exclusive jurisdiction
and venue for any claim or action arising out of or relating
to these Terms or your use of the Site shall be the state
or federal courts located in Dallas, Texas, and you further
agree to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
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