We understand the importance of protecting your online privacy, specifically when conducting business. As such, Fusion37 an Agora Group Communication entity (the “Company”) is committed to respecting your privacy. Our Privacy Policy pertains to users of our Site (“Visitors,” “you” or “your”) who visit without transacting business and Visitors who register to transact business on the Site (“Authorized Customers”) and make use of the various services offered by the Company (collectively, “Services”).
By accessing or using the Site (as defined hereinafter), you are entering into a binding legal agreement with the Company; the website, located at fusions37.com (the “Site”); and the third-party service vendors who use the Site and their parent companies, subsidiaries, and affiliates (the “Company,” “us,” “we,” and “our”) relating to terms and conditions of privacy (“Privacy Policy”). This Privacy Policy is in effect for any web page; mobile application; e-mail list; and information, including Personally Identifiable Information, collected/owned by us, regardless of the method of collection, including collection through any online features, services, and/or programs we offer. This Privacy Policy is not applicable to your use of any third-party web page, mobile application, social media site, or any information collected or owned by any entity other than us.
This Privacy Policy is incorporated by reference in our Terms of Service, and by using the Site or the Services and/or submitting your information to search or create a user profile, you give express consent to all of the terms contained herein, as well as those provided in our Terms of Service, and such use and actions constitute your electronic signature. You may withdraw this consent by using the opt-out procedures described below.
COMMUNICATIONS
EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE E-MAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE. YOUR CONSENT ALSO SERVES AS YOUR EXPRESS WRITTEN CONSENT TO YOUR PAST RECEIPT OF ELECTRONIC COMMUNICATIONS FROM US. YOU FURTHER REPRESENT AND WARRANT THAT: (I) YOU ARE AT LEAST 18 YEARS OLD; (II) YOU LIVE IN THE UNITED STATES (OR CANADA, IN SUCH CASE, THE CANADIAN CONSENTS BELOW SHALL APPLY); (III) YOU HAVE NOT REGISTERED ON A NATIONAL OR STATEWIDE DO-NOT-CALL LIST, OR OTHERWISE GRANT THE COMPANY A WAIVER TO SUCH REGISTRATION FOR THE USE HEREOF; (IV) YOU ARE THE ACCOUNT HOLDER OF, OR HAVE THE REQUIRED CONSENT TO PROVIDE THE PHONE NUMBERS AND E-MAIL ADDRESSES PROVIDED; (V) THE PHONE NUMBERS AND E-MAIL ADDRESSES PROVIDED ARE ACCURATE, AND YOU WILL PROVIDE US NOTICE IF YOU RELEASE EITHER SUCH ACCOUNT TO ANOTHER.
COMMUNICATIONS INCLUDE. THESE COMMUNICATIONS MAY INCLUDE, WITHOUT LIMITATION, TELEMARKETING MESSAGES, THROUGH THE USE OF E-MAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, TEXT MESSAGES (INCLUDING SMS AND MMS), AND NOTIFICATIONS THROUGH ANY APP THAT WE PRODUCE.
AUTODIALING. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.
NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.
REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE CERTAIN COMMUNICATIONS AT ANY TIME. TO STOP RECEIVING TEXT MESSAGES, REPLY “STOP” TO ANY OF OUR TEXTS. TO STOP RECEIVING E-MAILS, CLICK THE “UNSUBSCRIBE” LINK WHEN PROVIDED, OR REPLY “UNSUBSCRIBE” TO THE E-MAIL WHEN AN AUTOMATED UNSUBSCRIBE LINK IS NOT AVAILABLE. TO STOP RECEIVING PHONE CALLS, COMMUNICATE THAT REQUEST TO US VIA PHONE, TEXT MESSAGE, OR E-MAIL. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT. BY CONTACTING US TO OPT-OUT OF A CERTAIN COMMUNICATION, YOU CONSENT TO RECEIVE A FINAL COMMUNICATION CONFIRMING YOUR OPT-OUT.
COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL SALESPERSON OR REALTORS WHO COMMUNICATE WITH YOU WILL DETERMINE SUCH FREQUENCY.
COMMUNICATIONS PROVISIONS – CANADIAN RESIDENTS. IN ADDITION TO THE CONSENT PROVIDED ABOVE, CANADIAN RESIDENTS AGREE TO THE FOLLOWING COMPLIANCE PROVISIONS, WITH RESPECT TO CANADA’S ANTI-SPAM LEGISLATION, CANADA’S PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT, AND CANADIAN PROVINCIAL LAW, INCLUDING ALBERTA’S PERSONAL INFORMATION PROTECTION ACT, AND QUEBEC’S ACT RESPECTING THE PROTECTION OF PERSONAL INFORMATION IN THE PRIVATE SECTOR: (i) YOU AGREE TO THE PROVISIONS GOVERNING USE AND DISCLOSURE OF PERSONAL INFORMATION THAT ARE FOUND IN THIS PRIVACY POLICY; (ii) OUR COMMUNICATION WITH YOU SHALL CONTINUE UNTIL YOU OPT-OUT, WHICH INDICATES YOU ARE NO LONGER CONSIDERING REAL ESTATE OPPORTUNITIES OR THE SERVICES WE PROVIDE; AND (iii) YOUR PERSONAL INFORMATION MAY ALSO BE TRANSMITTED TO, USED IN, AND STORED IN THE U.S.
“Personally Identifiable Information”
Personally Identifiable Information refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, e-mail address, financial profile, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: name, address, phone number, internet protocol address (IP address), and e-mail address.
What organizations are collecting the information?
In addition to our direct collection of information, our third-party service vendors (such as mortgage lenders, insurance brokers, and title companies), which may provide such services as mortgage lending, mortgage insurance, escrow services, and title insurance, may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them by Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information provided to them.
How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill requests to buy or sell made on the Site. We may e-mail Visitors and Authorized Customers about research or opportunities to purchase and sell on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.
With whom may the information be shared?
Personally Identifiable Information pertaining to Authorized Customers and other non-personally identifiable information will be shared with our employees and with third-party service providers who assist us with our Site operations or other services we may offer. Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers and other providers of real estate-related services, such as mortgage lenders we work with, which wish to evaluate potential transactions with other Authorized Customers and/or us. Further, we may share aggregated information about our Visitors and Authorized Customers, including demographics, with our affiliated agencies and third-party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf. Our employees, agents, third-party service providers and partners are contractually bound to use Personally Identifiable Information solely in connection with providing the Services, and may not use it for any other purpose.
We may disclose information provided by Visitors as part of any merger, sale, acquisition, or financing of our company. Furthermore, in some instances, we may be legally required to provide information about Visitors to government authorities, including law enforcement, Homeland Security, and intelligence agencies. We cooperate with law enforcement in identifying persons using our Services for illegal activities and reserve the right to report any activities that we believe to be unlawful or in violation of our Terms and Conditions.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by the Company is securely stored in accordance with current industry standards and is not accessible to third parties or employees of the Company except for use as indicated above.
What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited information from us or being contacted by us and/or our vendors and affiliated agencies, as well as request of us and receive from us information on the specific elements of their Personally Identifiable Information being held by us, by responding to e-mails as instructed, or by contacting us at:
Paul Strunc
Gatewood, Irvine CA 92604
Contact Email: pstrunc@fusion37.com
Are Cookies used on the Site?
Cookies are used on the Site for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer registers for a free account after using the Site services, Cookies allow us to securely associate the Authorized Customer’s search preferences with the newly created account.
How does the Company use log-in information?
The Company uses log-in information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
The Company has entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need-to-know basis for evaluating Authorized Customers for service eligibility. Our Privacy Policy does not cover their collection or use of this information or disclosure of Personally Identifiable Information to comply with law. We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.
How does the Site keep Personally Identifiable Information secure?
All of our employees are fully informed of our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees with a password for accessing the information. We audit our security systems and processes on a regular basis. We utilize encryption protocols to protect sensitive information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering, and break-ins, and we cannot guarantee or warrant that such events will not take place and will not be liable to Visitors or Authorized Customers for any such occurrences.
How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors and Authorized Customers may contact us to update Personally Identifiable Information related to them or to correct any inaccuracies by e-mailing us at pstrunc@fusion37.com. We encourage Visitors and Authorized Customers to keep Personally Identifiable Information up to date at all times. With that said, changes and updates to Personally Identifiable Information will only be reflected going forward, and we cannot alter any information we may have provided to a third party
Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?
We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site’s database by contacting us via the information provided in this Privacy Policy, as well as to direct any of the third-party service providers which assist us with our Site operations or other services we may offer to delete/deactivate Personally Identifiable Information held by them which was originally received by them from us. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.
Do our Visitors and Authorized Customers have rights to non-discrimination for enacting their rights to protect their Personally Identifiable Information?
We do not and cannot, under the law, discriminate against Visitors and Authorized Customers for exercising any of their rights with regard to their Personally Identifiable Information, as detailed herein. Such forbidden discrimination includes, denying goods or services, charging different prices, or providing a different level or quality of service. However, we are, under the law, able to offer different services and rates if such differences are reasonably related to the value of the consumers’ data.
California users’ rights
We provide the following disclosures pursuant to Cal. Bus. & Prof. Code § 22575 – 22579.
We provide Visitors and Authorized Customers, including those claiming California residency, with information on how to exercise their respective disclosure options and choices pertaining to Personally Identifiable Information, such as the right to opt-out or unsubscribe, or opt-in for use of Personally Identifiable Information by third parties for marketing purposes. Accordingly, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that have received Personally Identifiable Information for marketing purposes during the preceding year.
California residents wishing to request information about how to exercise their disclosure options and choices pertaining to third party disclosures, please send requests by mail to “Request for California Disclosure Choices” at the mailing address provided above. With all requests, please include your name, street address, city, state, zip code and e-mail address. We do not accept requests via telephone or fax. We are not responsible for failure to respond to incomplete or incorrectly labeled or submitted notices.
We do not abide by Do Not Track signals from a user’s Internet browser. We make no representations concerning third parties that do not collect Personally Identifiable Information directly through our Site.
Minors
Our Site is not intended for use by minors, and as such, no one under the age of 18 should use, or provide any personal information to, our Site. If we discover that we have mistakenly collected personal information from a child under the age of 13, we will delete that information as soon as possible.
Links
The Site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites, as their privacy policies may differ from ours.
Governing Law and Jurisdiction
By accessing or using the Service, you agree to be bound by this Privacy Policy, which shall be governed by, and construed in accordance with, the laws of the state of California, exclusive of its choice of law rules. For any Disputes deemed not subject to binding, individual arbitration, as provided in the section immediately below, you and the Company agree to submit to the exclusive jurisdiction of the state of California, or, if federal court jurisdiction exists, the United States District Court for the state of California. You and the Company agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This Section will be interpreted as broadly as applicable law permits.
What happens if the Privacy Policy Changes?
We reserve the right to modify or amend this Privacy Policy at any time by posting the revised Privacy Policy. We will let our Visitors and Authorized Customers know about changes to our Privacy Policy by posting such changes on the Site.
Last updated on 6/25/2021.
Terms of Service
Important. Please read this agreement carefully before accessing or using Fusion37 (“Company”) website, located at fusion37.com, or voice and mobile applications or before participating in any online features, services and/or programs offered by the Company related to lead generation, responding to inquiries and management as related to the real estate industry and related industries (collectively, the “Service”). Each time you access or use the Service, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to be bound by all of these Terms, you may not access or use the Service. In addition, certain areas of the Service may be subject to additional terms of use that will be made available for your review in conjunction with accessing such areas. By using such areas or any part thereof, you are expressly indicating that you have read and agree to be bound by the applicable additional terms of use. In the unlikely event that any of the additional terms of use governing such an area are in conflict with these Terms, the additional terms shall control.
User Obligations
You agree to abide by all applicable local, state, national and international laws and regulations pertaining to accessing and using the Service. You also acknowledge and agree that your use of the Internet to access the Service is solely at your own risk.
Communications
By creating an account for the purposes of using the Service (“Account”), you agree to subscribe to newsletters, marketing or promotional materials and other information the Company may send, including by e-mail, SMS, text messaging, automated voicemail drops and push notifications. However, you may opt out of receiving any, or all, of these communications from the Company, at any time and upon your preference. You may opt out of receiving e-mail communications by clicking on the unsubscribe link provided in any e-mail sent by the Company and then following the affiliated instructions provided. You may opt out of receiving SMS and text messaging by replying “STOP” to any text sent by the Company. You may opt out of receiving phone calls by communicating that preference with receiving a phone call from the Company. The Company will make commercially reasonable efforts to comply with any communications from you requesting an opt out of communications.
Purchases
To purchase any product or service made available through the Service (“Purchase”), you may be required to supply certain information relevant to your Purchase, including, but not limited to, your credit card number, card expiration, billing address, and shipping preference and address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) used in connection with any Purchase and that (ii) the information you supply to the Company related to a Purchase is true and accurate.
The Service may employ third-party services to facilitate payment and completion of Purchases. By submitting your information to the Service, you grant the Company the right to provide that information to its third-party service providers subject to our Privacy Policy.
The Company reserves the right to refuse or cancel your order at any time for reasons including, but not limited to: suspicion of fraudulent, unauthorized, or illegal Purchase transactions; availability of a product or service; errors in the description or listed price of a product or service; or other errors or related reasons.
Availability, Errors and Inaccuracies
The Company is constantly updating product and service offerings on the Service, and sometimes there are delays between an update of information on the Service and a corresponding update to the Company’s advertising. There is also potential for the information on the Service to contain errors or inaccuracies or be incomplete or outdated. The Company does not guarantee the accuracy or completeness of any information found on the Service and reserves the right to update information and correct errors, inaccuracies, or omissions at any time without prior notice.
Content
The Service allows you to post, link to, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
Specifically, you must not:
Post statements or other materials that are in any way libelous or defame; harass; abuse; threaten; intimidate; or, in any other way, infringe on the rights of others;
Post or upload personal information, pictures, videos or any other media belonging to another person without their express permission, or anything else that violates the privacy or publicity rights of another person or entity;
Post anything that interferes with or disrupts the operation of the Service, including, but not limited to, posting files that contain malware, viruses, corrupted files, or any other type of file or data that may damage the functionality of another’s computer or the Service;
Repeatedly post the same message or similar messages within an unreasonable timeframe;
Delete or revise any material from the Service posted by another user or the Company, without the express written permission of the Company;
Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
Post statements or other materials that are bigoted, hateful, racist, vulgar, obscene, pornographic, profane or otherwise objectionable, including language and images;
Post statements or materials that in any way could harm minor children;
Post statements or materials that impersonate another person or entity, whether actual or fictitious;
Post statements or materials that in any way misrepresent your affiliation with any entity, including, but not limited to, the Company;
Post statements or materials that constitute spam or unauthorized advertising or promotional materials, including, but not limited to, links to commercial products or services;
Post material that infringes or may infringe on any copyright, patent, trademark, trade secret, or other intellectual or property rights of any party that you are not authorized to make available.
The Company has the right, but not the obligation, to monitor and edit all Content provided by users. Please be aware that the Company can remove any material posted by a user that it finds, in its sole discretion, to be objectionable, with or without notice to said user. Any user failing to comply with these guidelines may be expelled from and refused continued access to forums maintained by the Company in the future. The Company expressly disclaims any and all responsibility and makes no representations as to the validity of any opinion, advice, information or statements made or displayed in forums by third parties, nor is the Company responsible for any errors or omissions in any such postings or for hyperlinks embedded in any message.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it), and/or you have the right to use it and the right to grant the Company the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service, you grant the Company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. In addition, Content found on or through this Service is the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the Company.
Accounts
When you create an account with the Company, you warrant and guarantee that you are above the age of 18 and that the information you provide the Company is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and/or access to the Service. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You agree that you will not use the Service in a manner that is inconsistent with the rights and restrictions as set forth in this Terms of Service.
You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is for our Service or a third-party service. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or one not lawfully available for use, a name or trademark subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. If you choose to communicate with or meet other users of the Service, associated content or forums, you do so entirely at your own risk. You hereby understand and acknowledge that there are risks involved with meeting people in person from an online community, including, but not limited to, risks of physical harm. You assume any and all risks associated with in-person contact with other users outside of the use of the Service and associated content and forums.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. The Company’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. The Service and its original content may not be reproduced, transmitted or distributed without the prior written consent of the Company. The Company respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via e-mail to pstrunc@fusion37.com, with the subject line “Copyright Infringement” and include a description of the alleged Infringement as detailed below under “DMCA Notice and Procedure for Copyright Infringement Claims.” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit notification of a claim of copyright infringement, pursuant to the Digital Millennium Copyright Act (DMCA), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; a description of the copyrighted work that you claim has been infringed, including an URL for or copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the information provided in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You can contact our Copyright Agent via via e-mail at pstrunc@fusion37.com or by mail Gatewood, Irvine, CA 92604.
Disclaimer – Links to Third-Party Web Sites
Some links on the Service will direct you to a third-party website (“Linked Site”). The Company may provide such links as a convenience. You understand and acknowledge that the Company does not control such a Linked Site or its contents. The Company is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services, or other materials on or available from a Linked Site. You acknowledge and agree that the Company shall not be responsible or liable, either directly or indirectly, for any and all damage or loss caused or allegedly caused by or in connection with the use of any of the links, content, goods or services available via a Linked Site. The Company strongly advises you to read the terms and conditions and privacy policies of any third-party site you access.
Termination
The Company may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in the Company’s sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of the Terms.
If you wish to terminate your Account, you may send notice to the Company by e-mailing pstrunc@fusion37.com All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Fusion37 and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys’ fees) resulting from or arising out of a) the use of and access to the Service by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Service.
Limitation of Liability
THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER REASON ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE USE OF OR INABILITY TO USE THE SERVICE; (2) ANY CONTENT CONTAINED ON THE SERVICE; (3) ANY STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT; (4) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICE AND/OR ITS CONTENT; (5) ANY ACTION OR INACTION TAKEN IN RESPONSE TO OR RESULTING FROM ANY AND ALL INFORMATION AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT AND ANY DAMAGE CAUSED BY LOSS OF ACCESS; (6) ANY OTHER MATTER ARISING FROM OR RELATING TO THE USE OF THE SERVICE AND/OR ITS CONTENT; (7) ANY OTHER MATTER ARISING FROM OR RELATING TO THE INABILITY TO USE OR ACCESS THE SERVICE AND/OR ITS CONTENT.
UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS, TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT PAID BY YOU FOR USING THE SERVICE OR ITS CONTENT.
Disclaimer
THE SERVICE AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THE SERVICE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED THEREON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, THE SERVERS, OR ANY E-MAILS SENT FROM THE COMPANY ARE FREE OF VIRUSES AND ANY OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR DAMANGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including, but not limited to, any failure to perform the obligations hereunder or those found in any additional terms, due to unforeseen circumstances or causes beyond the control of the Company, such as acts of God; fire; flood; earthquake; accidents; strikes; war; terrorism; governmental acts; failure of common carriers (including, but not limited to, Internet service providers and website hosting providers); and shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law and Jurisdiction
By accessing or using the Service, you agree to be bound by these Terms, which shall be governed by, and construed in accordance with, the laws of the state of California, exclusive of its choice of law rules. For any Disputes deemed not subject to binding, individual arbitration, as provided in the section immediately below, you and the Company agree to submit to the exclusive jurisdiction of the state of California, or, if federal court jurisdiction exists, the United States District Court for the state of California. You and the Company agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This Section will be interpreted as broadly as applicable law permits.
Class Action Waiver
Any claim or other proceedings by or between you and the Company shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree to waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction.
State Specific Notes:
California. Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints in writing with The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or via telephone at (916) 445-1254 or 1-800-952-5210, or via e-mail at dca@dca.ca.gov.
New Jersey. Any disclaimer, limitation of liability, indemnification or damages provision contained herein shall apply to New Jersey residents and/or New Jersey transactions only to the extent permitted either by New Jersey law or public policy.
If any part of these Terms is deemed to be unlawful, void, or, for any reason, unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions of these Terms.
Entire Agreement
These Terms, as well as the Company’s Privacy Policy and any other terms or agreements that may be posted on the Service as amended from time to time (“Website Agreements”) contain the entire agreement between you and the Company relating to the Service and your use of the Service and supersede any and all previous agreements, arrangements, undertakings or proposals, whether written or oral, between you and the Company regarding such matters.
To understand our privacy practices, please review our Privacy Policy, which governs your visits to the Service and is herein incorporated by reference into these terms.
Updates
The Company may modify these Terms at any time. If, at any time, you disagree with the changes made to the Terms, you must discontinue your use of the Service and its content and forums, and if you have registered for any services through the Service, cancel your registration for such services. Your continued access or use of the Service following such notice constitutes your acceptance of the modified Terms. It is your responsibility to be aware of any such modifications to the Terms. The Company reserves the right to modify or discontinue the Service with or without notice and will not be held liable to you or any third party should the Company choose to exercise its right to modify or discontinue the Service. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE ACCESS TO AND USE OF THE SERVICE. CONTINUED ACCESS TO AND USE OF THE SERVICE AND/OR ITS CONTENT AND FORUMS FOLLOWING NOTICE OF ANY SUCH CHANGE INDICATES YOUR ACKNOWLEDGEMENT OF SUCH CHANGE AND ACCEPTANCE OF THE SERVICE AS SO MODIFIED, AND YOUR USE OF THE SERVICE AND ITS CONENTS AND FORUMS SHALL BE GOVERNED BY THE UPDATED TERMS.
How to Contact Us
If you have any questions or comments about this policy, if you need to report a problem with the Service, or if you would like to exercise one of your rights under this policy, please contact the Company at:
Paul STRUNC
Gatewood
Irvine, CA 92604 or Contact Email: pstrunc@fusion37.com
Please include in your correspondence your name, contact information, and the nature of your request so that we can respond appropriately and promptly. Please allow thirty (30) calendar days for a response to any inquiry you submit to the Company.