Fusionetics Terms and Conditions
By accessing any website on the Fusionetics.com domain (collectively, the "Website"), you are agreeing to be bound by these Website Terms and Conditions of Use (these "Terms and Conditions"), all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
2. No Medical Advice Given
2.1 Fusionetics is not a medical provider. Neither Fusionetics nor its staff can give you or your clients or patients medical advice or provide any information concerning the diagnosis or treatment of any health condition. The information on this Website is of a general nature and is intended only for educational purposes to help with your or your clients' personal health improvement goals and should not be relied on as medical advice.
2.2 If you think you may have a medical emergency, call your doctor or 911 immediately. You should not delay or forego seeking medical care from a licensed health care professional because of information that may be referenced on this Website. The information or products offered on this Website should not be used as a substitute for the diagnosis, advice or treatment of medical conditions by your or your clients’ health care professionals. Never disregard professional medical advice or delay in seeking it because of anything you read on this Website. This website expressly prohibits you from using the information on this Website to practice medicine or provide medical care without a license.
2.3. The information contained herein has been devised generally and could be affected by certain cultural, social or language differences.
2.4.If you are a health professional, by using the Website, you expressly acknowledge that you are not an employee, or agent of Fusionetics. In addition you expressly acknowledge that your use of the Website is as an independent user and does not create nor imply any type of relationship with Fusionetics.
2.5. Any interactive sections, including but not limited to, the Calendar, Assessments, Exercise Tools and Trackers (hereinafter collectively named "Tools and Trackers"), contained in this Website are designed to give health information specifically related to the information you provided. Information you enter into Tools and Trackers is retained by Fusionetics, but is not utilized by Fusionetics other than for interacting with you in delivering the services of the Website, or as otherwise authorized by you. Use of these Tools and Trackers with Fusionetics staff affiliated with this Website concerning these Tools and Trackers or any services purchased over the Website are for health education and information purposes only. Use of the Tools and Trackers and any services provided to you does not constitute medical or other health care advice and is not intended to replace the diagnosis, treatment and advice of your physician and other health care professionals.
2.6. You grant Fusionetics and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use any information you store in Tools and Trackers and otherwise in connection with the operation of the Website. Fusionetics cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Fusionetics Tools and Trackers or otherwise in connection with the Website.
2.7 Individuals under the age of thirteen (13) may not register, use, access or otherwise utilize the Website, in computer or mobile form, for any reasons.
3. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only if you use the following copyright notice: "© 2013, Fusionetics, LLC. All Rights Reserved" as well as any other copyright and proprietary rights notices that are contained in the Website. Any special rules for use of certain software and other items accessible on the Website may be included elsewhere within the Website and are incorporated into these Terms and Conditions by reference. This is the grant of a license, not a transfer of title, and under this license you may not:
3.1.modify or copy the materials;
3.2.use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3.3.attempt to decompile or reverse engineer any software contained on the Website;
3.4.remove any copyright or other proprietary notations from the materials; or
3.5.transfer the materials to another person or "mirror" the materials on any other server.
The content on this Website is protected under copyright and other intellectual property laws.Any use of the content on this Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved to Fusionetics and its licensors.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fusionetics at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
If you store any information on the Website, you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Fusionetics passwords or accounts. You will promptly inform Fusionetics if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site.
The materials on the Website are provided "as is". Fusionetics makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fusionetics does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. You agree that you are solely responsible for any use or misuse of the content and services provided on or through our Websites and for compliance with all laws applicable to such use.
6. Limitations of Liability
In no event shall Fusionetics, its licensors, its suppliers or any third parties mentioned on the Website be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, whether based on warranty, contract, tort or any other legal theory, and whether or not Fusionetics, its licensors, its suppliers or any third parties mentioned on the Website has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN IS ENTIRELY AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE. FUSIONETICS, ITS AFFILIATES, LICENSORS AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE, YOUR USE OF THIS WEBSITE, OR ANY INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF FUSIONETICS, ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST FUSIONETICS, ITS AFFILIATES, ITS SUPPLIERS AND ANY THIRD PARTY MENTIONED ON THE WEBSITE FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED “AS IS,” AND FUSIONETICS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS AND ANY THIRD PARTY MENTIONED ON THE WEBSITE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED ON THIS WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE AND THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUANCE OF YOUR USE OF THE WEBSITE.
7. Revisions and Errata
The materials appearing on the Website could include technical, typographical, or photographic errors. Fusionetics does not warrant that any of the materials on the Website are accurate, complete, or current. Fusionetics may make changes to the materials contained on the Website at any time without notice. Fusionetics does not, however, make any commitment to update the materials.
8. Links and Advertisements
Fusionetics has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fusionetics of the site. Use of any such linked website is at your own risk.
Fusionetics may provide links to third-party websites on the Website. Fusionetics also may select certain sites as priority responses to search terms you enter and Fusionetics may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Fusionetics does not recommend and does not endorse the content on any third-party websites. Fusionetics is not responsible for the content of linked third-party sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Fusionetics does not endorse any product, service, or treatment advertised on the Website.
9. Notice of Copyright Infringement.
To file a copyright infringement notification with Fusionetics, send a written communication to Fusionetics' Copyright Agent and provide the following information in writing:
a) Your complete contact information (full name, mailing address and phone number).
b) A description of the copyrighted work that you claim has been infringed;
c) A description of the content on the Website that you claim infringes the other copyrighted work;
d) Information reasonably sufficient to permit Fusionetics to locate the material on the Website. The easiest way to do this is by providing the web address (URLs leading directly to the allegedly infringing content;
e) A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
f) If you are not the copyright owner, a description of your relationship to the copyright owner;
g) A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
h) A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Your complete contact information and the information in your report may be provided to the person who posted the content you believe infringes the copyrighted work.
Following receipt of a proper written notice, Fusionetics will remove or disable the allegedly infringing content. Fusionetics will also notify the customer who submitted or posted the allegedly infringing material and provide them with a copy of the copyright infringement notice. We may suspend or terminate access to the Website for customers that repeatedly or egregiously infringe others' copyrights.
Copyright Agent Information:
Infringement notifications should be submitted to Fusionetics' Copyright Agent using the following information:
Mr. Ben Tucker
15800 Birmingham Hwy, Suite 203
Alpharetta, GA 30004
You agree to defend, indemnify, and hold Fusionetics, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Fusionetics makes no claims that the Website or content is appropriate or may be downloaded outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
13.Jurisdiction and Governing Law
You expressly agree that exclusive jurisdiction for any dispute with Fusionetics, or in any way relating to your use of the Website, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving Fusionetics or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
14. Complete Agreement
We hope you find the Fusionetics.com website helpful and convenient to use! Questions or comments regarding this Website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Fusionetics, LLC Office of Privacy, 15800 Birmingham Hwy, Suite 203, Alpharetta, GA 30004.
By using the Website, you represent that (a) (i) you are at least 18 years of age, either entering into this Agreement for yourself or (ii) as a parent or legal guardian, entering into this Agreement on behalf of your child or child legally in your care and (b) you understand and agree to be bound by this Agreement. Any parent or legal guardian entering into this Agreement on behalf of a child under the age of 18 understands and agrees to be responsible for any financial charges and/or legal liabilities incurred on the Website.