Effective February 1, 2006

By using this Web site, you, the “User”, are agreeing to each of the terms and conditions set out in this document. In addition, you will also be subject to any posted guidelines applicable to Fusion's services you use, including all terms and conditions applicable to any services provided in conjunction with any of Fusion's content and service partners. All such rules and guidelines are incorporated by reference into our Terms of Service. If you do not agree to the Terms of Service please do not use our site.

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of our Terms of Service at any time. Please check here periodically for any changes we may have made. Your continued use of Fusion’s services following the posting of changes to these terms will mean you accept those changes.

General Terms of Service and, Restrictions on Use of Materials

By using Fusion's you agree to be legally bound and to abide by the Terms of Service, just as if you had physically signed this agreement.

Links

Fusion may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fusion has no control over such sites and resources, you acknowledge and agree that Fusion is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fusion will 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 on any such content, goods or services available on or through any of these sites or resources.

Disclaimer

Fusion uses diligent efforts to maintain our services, but Fusion is not responsible for any defects or failures associated with these services or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Fusion makes no guarantees regarding the sites and information located worldwide throughout the Internet to which you may access as a result of the use of our services, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using Fusion’s services may locate unintended and objectionable content.

Please Note the Following Important Disclaimers of Warranties:

ALL OF FUSION'S SERVICES ARE PROVIDED 'AS IS' AND YOU USE EACH OF THEM AT YOUR SOLE RISK. FUSION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, FUSION MAKES NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT ANY OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THESE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OUR SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM FUSION PERSONNEL OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUSION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE FUSION'S SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THESE SERVICES. IN NO EVENT SHALL FUSION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE AND USING OUR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FUSION CAPITAL LLC., THEIR AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY FUSION OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Governing Law and Other Miscellaneous Terms

This agreement and your use of our services will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law. By using our services, you agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of Massachusetts and, by doing so, you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

In the event that any part or provision of this agreement is found to be illegal or unconstitutional by a court of competent jurisdiction, such
findings shall not affect its remaining parts, portions or provisions.
Copyright and Copyright Notices

The Fusion Web Site and our services contain information, software, photos, text, graphics, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Fusion Capital, LLC owns a copyright in the selection, coordination, arrangement and enhancement of
the Content. Fusion's name and logo are trademarks of Fusion Capital, LLC. All other trademarks appearing as a part of our services are trademarks of their respective owners. Fusion's partners may also have additional proprietary rights in the content, which they make available through our services. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited.

Fusion Capital, LLC respects the intellectual property of others, and we ask our users to do the same. Fusion may, in appropriate circumstances and at its discretion, terminate access to site by any and all users via links, framing, advertising pass through or any other means by which an infringement of the intellectual property rights of others.

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