Fusion reserves the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. Your use of this Site after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. You agree to periodically review these Terms to ensure you are familiar with the most recent version. You agree that you do not have any rights in this Site and that Fusion will have no liability to you if this Site is discontinued or your ability to access the Site is restricted.
This Site and the materials on this Site have been prepared by Fusion for informational purposes only and are not intended to provide any advice. Receipt of this information does not create an business relationship. Do not act upon this information without seeking professional advice.
By entering this Site you acknowledge and agree that any communication or material you transmit to this Site or Fusion, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Fusion may be used by Fusion, anywhere, anytime, and for any reason whatsoever.
You acknowledge and agree that no partnership or business relationship is formed and neither of you nor Fusion has the power or the authority to obligate or bind the other.
Content on this Site that is provided by Fusion, or its licensors, including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, financial market data, and the compilation of the foregoing (“Fusion Content”) is the property of Fusion and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display, or use any Fusion Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Fusion and/or its licensors, that dilutes the strength of Fusion’s or its licensor's property, or that otherwise infringes Fusion’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Fusion Content or Third Party Content that appears on this Site.
By entering this Site you acknowledge and agree that any name, logo, trademark, or service mark contained on this Site and all Fusion Content is owned or licensed by Fusion and may not be used by you without prior written approval. Fusion will aggressively enforce its intellectual property rights to the full extent of the law. Nothing contained in this Site shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of Fusion.
REPRESENTATIONS AND LIMITATIONS OF LIABILITY
By entering this Site you acknowledge and agree that the Site is provided on an “As Is, As Available” basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to this Site or any information or software therein. You agree that your use is at your own risk and that, under no circumstance (including negligence), shall Fusion or any of the parties involved in creating, producing, or delivering this Site shall be liable for any direct, incidental, special, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections even if Fusion has been advised of such damages. Nor shall Fusion be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Fusion’s reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this Site’s records, programs, or services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
Although the information contained in the Site is based upon up-to-date information, and while Fusion makes all reasonable efforts to insure that all material on this Site is correct, accuracy cannot be guaranteed and Fusion makes no warranties or representations as to its accuracy.
THIRD PARTY WEBSITES
Although this Site may be linked to other sites, Fusion is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site you acknowledge and agree that Fusion has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.
GOVERNING LAW AND MISCELLANEOUS PROVISIONS
These Terms will be governed by and construed in accordance with the internal laws of Delaware without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal and state courts located in the State of New York.