Terms of Service, Privacy Notice and General Disclaimer
FUSION COMPANIES, LLC ON-LINE LICENSE AND SERVICE AGREEMENT
IMPORTANT! THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE ON-LINE SERVICE SUBSCRIBER, AND FUSION COMPANIES, LLC (“FUSION”). DO NOT USE THIS SERVICE UNTIL YOU HAVE COMPLETELY READ AND AGREED TO THIS LICENSE AND SERVICE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AND SERVICE AGREEMENT, DO NOT USE THIS ON-LINE SERVICE.
YOU ARE NOT ELIGIBLE TO UTILIZE THE SERVICES PROVIDED BY FUSION UNLESS AND UNTIL YOU AGREE TO BE BOUND BY THE TERMS OF THE LICENSE AND SERVICE AGREEMENT AND INDICATE YOUR ACCEPTANCE OF THE SAME BY CLICKING THE “I AGREE” BUTTON BELOW.
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE AND ARE BOUND BY (i) THE TERMS OF USE POSTED ON THIS FUSION WEBSITE; (ii) PRIVACY NOTICE POSTED ON THIS FUSION WEBSITE; (iii) GENERAL DISCLAIMER POSTED ON THIS FUSION WEBSITE; AND (iv) THE FOLLOWING:
1. DEFINITIONS/GENERAL:As used in this License and Service Agreement: “Service” means the interactive web sites owned, controlled, operated and/or provided by Fusion which include, but are not limited to, IAPSOnline.com, IAPSTV.net, PoliceTVOnline.net, ForensicTV.net, FireRescueTV.net, EMSTVOnline.net, CorrectionsTV.net, PhysicalSecurityTV.net, MilitaryPoliceTV.net, and all other current and future Fusion websites. “Subscriber” means the individual or organization who is registered to use the Service, and who has an individual User ID and password to gain access to the Service. “Order form” means the form that a prospective Subscriber must complete in order to register for the Service and become an actual Subscriber. “Subscription Period” means the period of time, selected by the Subscriber on the Order Form, during which Subscriber will have access to the Service. Where used herein, the term “You” or “you” shall refer to the Subscriber.
2. BACKGROUND:(a) Your Subscription to the Service will provide you with unlimited access to the Service, for the duration of your Subscription Period, for the purpose of participating in the video-based and interactive Instructional System Design (ISD) based courses. Access may be limited, especially during peak times. A subscription license is required for each user having access to the Service.
3. LICENSE AND RESTRICTIONS:In consideration of the subscription fees paid, Fusion hereby grants to Subscriber a limited, non-exclusive, non-transferable license to use the Service during the Subscription Period, and for a single Subscriber only (a “Subscription”). If you believe that the security of your Personal Password has been breached, you must promptly notify Fusion of the breach. Fusion will then cancel that password and issue you a new Personal Password. If you wish to obtain access for more than one user, you must purchase a Subscription to the Service for each additional user needing or desiring access. Under no circumstance may you allow a greater number of users to access the Service at any one time than the total number of Subscriptions for which you have paid. A Subscription may not be shared or used concurrently. You agree to use reasonable efforts to protect against unauthorized use of the Service. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS PROVIDED IN THIS AGREEMENT. All rights not specifically granted in this License and Service Agreement are reserved by Fusion.
4. INCORPORATION OF TERMS OF USE PRIVACY NOTICE, AND GENERAL DISCLAIMER:This License and Service Agreement specifically refers to and incorporates herein Fusion’s Terms of Use, Privacy Notice, and General Disclaimer posted on this Fusion website. You agree that you have completely read and understood each of the posted items and further agree that you will only use the Service in strict compliance therewith. You are responsible for ensuring that all use of Fusion Resources under your User Name and Personal Password complies with this License and Service Agreement, and you agree to indemnify and hold Fusion, its affiliates, agents, employees, directors and suppliers harmless against any damages, costs or expenses arising out of your improper use of Fusion Resources and the use by others of Fusion under your User Name and Personal Password. Fusion reserves the right to cancel your Personal Password, and thereby your access to all Fusion websites at any time without refund if you fail to comply with the terms of this License and Service Agreement or the Terms of Use, Privacy Notice, and General Disclaimer, or if Fusion, in its sole discretion, deems your conduct in connection with your use of Fusion Resources to be unacceptable.
5. TERM AND TERMINATION:The term of the license granted herein shall be for the Subscription Period you select in the Order Form. Upon expiration of the Subscription Period, Subscriber must discontinue all use of the Service. If you fail to comply with any provision of the License and Service Agreement, or any other rules regarding access to the Service, termination is automatic, without notice and without refund from Fusion, and without the necessity for recourse to any judicial authority. Upon termination for default, you must cease all use of the Service. Fusion may enforce its other legal and equitable rights. You may terminate your Subscription at any time. You understand and agree that cancellation of your Subscription is your sole right and remedy with respect to any dispute with Fusion. Fusion reserves the right to discontinue providing the Service at any time. Your sole remedy with respect to Fusion’s discontinuance of the Service will be a pro-rata refund of Subscription fees paid.
6. DISCLAIMERS:THE SERVICE IS BEING PROVIDED “AS IS” EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH HEREIN. FUSION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR USE. FUSION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE. THE ENTIRE RISK TO THE USE OF THE SERVICE IS ASSUMED BY YOU. *FUSION PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR WITHOUT INTERRUPTION. FURTHER, FUSION DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING. IN NO EVENT SHALL FUSION BE LIABLE TO YOU OR ANY OTHER PERSON, REGARDLESS OF THE CAUSE, FOR THE EFFECTIVENESS OR ACCURACY OF THE SERVICE OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR OCCASIONED BY YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FUSION IS THE CANCELLATION OF YOUR SUBSCRIPTION AS DETAILED ABOVE IN SECTION 5.
Some states and/or countries do not allow limitations on how long an implied warranty lasts and some states and/or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state and/or country to country.
7. GOVERNING LAW:This License and Service Agreement shall be governed by the State of Louisiana, United States of America, excluding its conflicts of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably and unconditionally submit to the nonexclusive jurisdiction of the Louisiana state courts, Orleans or Jefferson Parishes, or federal courts sitting in New Orleans, Louisiana, and any appellate court from any thereof, in any action or proceeding related to, connected with or arising out of your Subscription or this License and Service Agreement, or for recognition or enforcement of any judgment, and each of the Parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such Louisiana state court or, to the extent permitted by law, in such Federal court. Each of the Parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. You hereby irrevocably and unconditionally waive, to the fullest extent they may legally and effectively do so, any objection which any of them may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this License and Service Agreement in any court referred to in this Section. Each of the Parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.
8. PROPRIETARY RIGHTS:All content provided as part of the Service is the property of Fusion and/or its contractors or content providers, and is protected by copyright and other laws relating to proprietary rights. All code, software or computer programming are, likewise, the property of Fusion and/or its contractors or providers. Fusion, its contractors and/or providers retain and assert all rights in their respective properties. Your use of Fusion Resources is expressly subject to the restrictions set forth below. If Fusion detects or becomes aware of any failure to comply with any of these restrictions, it may terminate Your access to Fusion Resources immediately without refund. You may not reproduce, retransmit, distribute, transfer, disseminate, sell, license, sublicense, lease, publish, broadcast or circulate any content or other materials accessed through Fusion websites. You may not use web robots, crawlers, wanderers or spiders in connection with Fusion websites. You may not modify, adapt, create any derivative use from, or otherwise alter the Fusion intellectual property. You may not transmit or distribute by any means, or permit the transmission or delivery of, any content or materials in violation of any applicable United States export control laws, restrictions and regulations relating to the distribution of technical information, as they exist from time to time, including, without limitation, those promulgated by the United States Department of Commerce, including with respect to materials which you are allowed to post on the Fusion website.
9. CONTENT POSTED BY SUBSCRIBERS:Fusion may allow Subscribers to post notes, comments or other content as part of the Service. Any such content posted by Subscribers is the sole responsibility of the Subscriber or other person from whom such content originated. All content posted by Subscribers must strictly comply with the Privacy Notice, and General Disclaimer which are specifically incorporated herein. Fusion does not control any content posted by Subscribers and does not endorse any such content, nor does it represent or guarantee the truthfulness, accuracy, or reliability of such content. Any content posted by Subscribers becomes public information and Subscribers grant Fusion a royalty-free, perpetual, irrevocable, non-exclusive license to use, modify, publish, distribute, and display the content alone or as part of other works in any form.
10. MISCELLANEOUS:(a) If any provision or portion of a provision of this License and Service Agreement is determined to be invalid or unenforceable, it shall be deemed omitted and the remaining provisions of this License and Service Agreement shall remain in full force and effect. (b) This License and Service Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings are hereby expressly cancelled. (c) You acknowledge, consent and agree that Fusion may access, preserve and disclose Your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms of this License and Service Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of Fusion, its users and the public. (d) You hereby agree to indemnify and hold harmless Fusion, its affiliates, and their respective shareholders, officers, directors, employees, agents and representatives from and against any losses, claims, demands, liabilities, obligations, judgments, costs and expenses (including attorney’s fees) of any kind that arise directly or indirectly out of any breach by You of the terms of this License and Service Agreement.
