FUSE CAPITAL
WEBSITE TERMS OF USE
These Terms of Use govern your access to and use of Fuse Capital's website (the "Site") and any information, text, graphics, or other materials appearing on the Site (the "Content"). This is a binding legal agreement between you and Fuse Capital. Your access to and use of the Site and Content are expressly conditioned on your compliance with these Terms of Use. By visiting this site, you agree to be bound by these Terms of Use.
Your Use of the Site and Content
Subject to the restrictions set forth in these Terms of Use, Fuse Capital authorizes you (i) to access the Site and to download, view, print, and copy any Content solely for your personal, noncommercial use, (ii) to distribute our logo and Fuse Capital partner bios and photos each solely as retrieved from http://www.fusecapital.com/resources ("Collateral") solely in connection with conferences and events you are hosting that feature such partners, and (iii) to post Collateral on your primary website if you are a Fuse Capital portfolio company.
Restrictions
Except as expressly permitted in the foregoing section, you will not reproduce, modify, prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or use the Site or Content. You will not copy or modify the HTML code used to generate web pages on the Site. Except as expressly permitted in the foregoing section, you will not copy, distribute, modify, or exploit any Content for any commercial purpose or in connection with any other website. Fuse Capital reserves the right to alter or discontinue the Site, in whole or in part, at any time in Fuse Capital's sole discretion.
Fuse Capital Property
All right, title, and interest in and to the Site and Content are and will remain the exclusive property of Fuse Capital. The Site and Content are protected by copyright, trademark, and other laws, regulations, and international treaties. FUSE CAPITAL, Fuse Capital graphics, logos, designs, page headers, and other service names are the trademarks of Fuse Capital Management, Inc.
Your Contributions
If you provide any information, data, code, techniques, advice, suggestions, or other content ("Contributions") to Fuse Capital, you hereby grant to Fuse Capital a perpetual, irrevocable, world-wide, royalty free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display, and transmit such Contributions, to sublicense these rights, and to grant to others the right to do any of the foregoing.
Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that Fuse Capital is not responsible or liable for the availability, accuracy, or content of such websites or resources. Links to such websites or resources do not imply any endorsement by Fuse Capital.
Termination
If you violate any of these Terms of Use, your permission to use the Content will automatically terminate. Fuse Capital reserves the right to revoke your access to and use of the Site and Content at any time, with or without cause. Fuse Capital also reserves the right to cease providing or to change the Site (or any portion or feature thereof) or Content at any time or frequency and without notice. The warranty disclaimers, limitations of liabilities, and licenses for the use of your Contributions set forth in these Terms of Use will survive any termination or expiration of your participation in the Site.
Use the Site at Your Own Risk
Your access to, use of, and reliance on the Site and Content is at your own risk. Fuse Capital will have no responsibility for any (i) damage to your business, computer system, or data, or (ii) harm that results from your access to, use of, or reliance on the Site or Content.
The Site is Available "AS-IS"
THE SITE AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FUSE CAPITAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
FUSE CAPITAL MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FUSE CAPITAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR CONTENT, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE OR CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FUSE CAPITAL (OUTSIDE OF A FORMAL WRITTEN AGREEMENT) OR THROUGH THE SITE OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUSE CAPITAL WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FUSE CAPITAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF FUSE CAPITAL TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR CONTENT IS LIMITED TO ONE HUNDRED DOLLARS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FUSE CAPITAL AND YOU, AND FUSE CAPITAL DOES NOT OFFER USE OF THE SITE WITHOUT THIS LIMITATION.
Amendment of the Terms
These Terms of Use apply from the time of your current visit to (but not including) the time of your next visit to the Site. Beginning with your next visit, your relationship with Fuse Capital regarding the Site and Content will be governed by the Terms of Use then in place. Thus, Fuse Capital reserves the right to amend these Terms of Use at any time in its sole discretion and without notice, and it is your responsibility to review these Terms of Use for any changes each time you visit the site. YOUR CONTINUED USE OF THE SITE AFTER FUSE CAPITAL POSTS ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. If you do not agree to the amended Terms, your sole remedy shall be to discontinue using the Site.
Severability / Waiver
In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect. The failure of either party to enforce any right or provision of these Terms of Use will not be deemed a wavier of such right or provision.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Use are the entire and exclusive agreement between Fuse Capital and you regarding the Site and Content and supersede and replace any prior agreements, written or oral, between Fuse Capital and you regarding the Site or the Content. In the event these Terms of Use conflict with the terms of an agreement between you and Fuse Capital governing subject matter other than the Site or Content, the terms of such other agreement will take precedence. Where applicable law does not allow the exclusion of implied warranties or certain limitations of liability, some or all of the foregoing warranty exclusions and liability limitations may not apply to you.
If you have any questions about these Terms of Use, or would like to report any violation of these Terms of Use, please contact Fuse Capital at info @ fusecapital dot com.