We reserve the right to change, amend, or supplement these Terms and/or to impose new conditions on access and/or use of the Ads or Sites, from time to time, without advance notice, by posting the revised Terms on Sites; by any further access and/or use of the Ads and/or Sites, you are deemed to have accepted the Terms, as revised and posted.
Availability of the Sites
There may be interruptions in service that are beyond our control. While we use reasonable efforts to keep the Sites accessible, the Sites may be unavailable from time to time, for any reason, including but not limited to routine maintenance. You understand and acknowledge that access and/or use of the Sites may be interrupted, suspended, or terminated. Fusion92 retains the right and sole discretion to deny service and/or access to the Sites to anyone or any account, at any time and for any reason.
Your Conduct on the Sites
As a condition of your access and/or use any of the Sites, you acknowledge, warrant, and agree that: (i) you are an individual person more than 13 years of age; (ii) your use of the Sites will at all times comply with these Terms and all applicable laws and regulations.
BY ACCESSING AND/OR USING ANY OF THE SITES, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES (each of which constitute express violations of these Terms):
The content/information on the Sites related to Clients is supplied by Clients, which Clients bear sole responsibility for the accuracy and completeness of their content/information. You acknowledge, understand, and agree that you have the obligation to, and must, personally evaluate and bear all risks associated with the use of any content/information on the Sites, including any reliance on the accuracy, completeness, or usefulness of that content/information.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES OR ANY OF FUNCTIONS OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THE SITES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FROM THE USE OF THE SITES OR MATERIALS ON THE SITES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Sites. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Sites are provided for informational purposes only, and are not intended for your commercial use. The Sites should not be used in any risky activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs; you expressly assume any and all risk for such use.
Your interactions with companies, organizations, and/or individuals found on or through the Sites, including any purchases, transactions, or other dealings, and any terms, conditions, warranties, and/or representations associated with such purchases, transactions or dealings, are solely between you and such companies, organizations, and/or individuals. You acknowledge, understand, and agree that we will not be responsible or liable for any loss or damage, in any manner whatsoever, incurred/suffered by you as the result of any such purchases, transactions or dealings. You also acknowledge, understand, and agree that, if there is a dispute between users of a Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, INCLUDING THE SITES’ INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES, OR THIRD-PARTY INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES MADE AVAILABLE THROUGH THE SITES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES, AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITEs, OR ANY INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES ON THE SITEs, OR WITH ANY OF THE SITES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, and licensors, from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of your use of the Sites, violation of these Terms by you or any other person using your account, and your violation of any rights of another person/party. We reserve the right, at our option and in our discretion, to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
These Terms constitute the entire agreement between us and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Sites. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern the subject. These Terns will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.
The obligations under these Terms are personal to you and may not be assigned by you to anyone. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred. All claims or disputes arising out of or related to these Terms or use of the Sites shall be resolved exclusively by a state or federal court in Chicago, Illinois, where Fusion92, LLC has its principal place of business, and you consent to the personal jurisdiction of and venue in such courts, and waive any objection to such courts being an inconvenient forum.