TERMS AND CONDITIONS OF USE
Your Agreement with Fuze, LLC.
Welcome to the Fuze website (www.ifuze.com). Following are the terms and
conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND
FUZE, LLC. ("FUZE" "FUZE INTERNET SERVICES" "WE" OR "OUR"). PLEASE READ THIS
AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE.
IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THE SITE.
Ownership of This Website
This website is owned and operated by Fuze, LLC. All of the content featured or
displayed on this website, including, but not limited to, text, graphics,
photographs images, moving images, sound, illustrations and software
("Content"), is owned by Fuze, LLC, its licensors and its content providers.
All elements of Fuze, LLC websites, including, but not limited to, the general
design and the Content, are protected by trade dress, copyright, moral rights,
trademark and other laws relating to intellectual property rights. Except as
explicitly permitted under this or another agreement with Fuze, LLC, no portion
or element of this website or its Content may be copied or retransmitted via any
means and this website, its Content and all related rights shall remain the
exclusive property of Fuze, LLC unless otherwise expressly agreed. You shall
indemnify Fuze, LLC, its affiliates and licensors against any losses, expenses,
costs or damages incurred by any or all of them as a result of your breach of
the terms of this Agreement or your unauthorized use of the Content and related
rights.
Trademarks
"Fuze, LLC," "Fuze Web Services," "Fuze
MessageCenter," "QuikLaunch," and "RedEldorado," in
the form of Text or Combined Mark in association with the "bomb" icon, are
trademarks
of Fuze, LLC and
are registered or pending in certain countries.
Fuze lays no claim
or affiliation with the trademarks of
Fuse Beverages, FuseTV, Fuse Records,
Fuse (when used to reference broadcast
entertainment or television programming);
Fuse (when referred to as a recording
label or recording company); Fuse (when
referred to as an Internet Service
Provider); Fuze (when referred to as
a beverage or nutritional supplement).
These companies are in no way affiliated
with Fuze, LLC., and neither companies
products nor services overlap in any
markets.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND FUZE, LLC EXCLUDES TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FUZE, LLC WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT
WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT FUZE, LLC, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF
THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere
on this website, or as otherwise required by applicable law, neither Fuze, LLC
nor its directors, employees, licensors, content providers, affiliates or other
representatives will be liable for damages of any kind (including, without
limitation, lost profits, direct, indirect, compensatory, consequential,
exemplary, special, incidental, or punitive damages) arising out of your use of,
your inability to use, or the performance of this website or the Content whether
or not we have been advised of the possibility of such damages.
Fuze, LLC uses reasonable efforts to ensure the accuracy, correctness and
reliability of the Content, but we make no representations or warranties as to
the Content's accuracy, correctness or reliability.
There may be links to other websites from the Fuze, LLC website; however, these
other websites are not controlled by Fuze, LLC and we are not responsible for
any content contained on any such website or any loss suffered by you in
relation to your use of such websites. You waive any and all claims against
Fuze, LLC regarding the inclusion of links to outside websites or your use of
those websites.
Some US states and foreign countries do not permit the exclusion or limitation
of implied warranties or liability for certain categories of damages. Therefore,
some or all of the limitations above may not apply to you to the extent they are
prohibited or superseded by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the
State of Nevada, USA. Venue for all disputes arising under this Agreement shall
lie exclusively in the Superior Courts of the State of Nevada in Washoe County.
Users of this website agree that any and all disputes arising from the use of
this website, or the ordering of materials from this website, shall be settled
by binding arbitration. Notwithstanding the foregoing, however, Fuze, LLC shall
have the right to commence and prosecute any legal or equitable action or
proceeding before any non-US court of competent jurisdiction to obtain
injunctive or other relief in the event that, in the opinion of Fuze, LLC, such
action is necessary or desirable.
No Waiver, Severability
No action of Fuze, LLC, other than an express written waiver or amendment, may
be construed as a waiver or amendment of any of these Terms and Conditions of
Use. Should any clause of these Terms and Conditions of Use be found
unenforceable, wherever possible this will not affect any other clause and each
will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use prices,
information and available contractual license terms featured on this website
without notice. These conditions set out the entire agreement between Fuze, LLC
and you relating to your use of this website.
© 2002-2006 Fuze, LLC. All rights reserved.
