FUSION GT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS AVAILABLE ON THE SITES, INCLUDING IN CONNECTION WITH ANY REGULATIONS IN YOUR STATE OF RESIDENCE, OR ANY OTHER APPLICABLE LAWS AND REGULATIONS, INCLUDING FDA RULES AND REGULATIONS. THE SITES AND THE CONTENT, DATA, MATERIALS AND INFORMATION CONTAINED THEREIN IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOUR USE OF THE SITES IS EXCLUSIVELY AT YOUR OWN RISK, FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,OF ACCURACY QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS OR COMPLETENESS OF ANY CONTENT, INFORMATION, REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SITES OR OTHER WARRANTY OF ANY KIND CONCERNING THE SITES OR THE CONTENT AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FUSION GT DOES NOT ENDORSE OR RECOMMEND ANY SPECIFIC MEDICAL TREATMENT. THE CONTENT ON THE SITES IS NOT MEDICAL ADVICE, IS NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED, OR CONSTRUED AS SUCH.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITES IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
Please note that certain products shown on the Sites may or may not be approved for distribution in your country.
Misappropriation of Personal Information.
For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorised person, our information security policy provides that any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax, post (including a notice printed in an available area of a bill or statement) or posting a notice on a Site. The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION
Accuracy; Availability, No Duty to Update.
The Content on this Site could contain technical inaccuracies or typographical errors, or other mistakes. Some or all of the Content may be out of date and we have no duty nor make any commitment to update or correct any information on this Site. The Sites’ availability and functionality depends on various factors, such as communication networks, software, hardware and Fusion GT service’s providers and contractors. We make no warranties that the Sites will operate at all times uninterrupted or error free or that defects will be corrected or that they will be immune from unauthorised access. We do not warrant that the Sites are or will be compatible with your computer equipment or that the Sites or their servers are free of errors, computer viruses, worms, “Trojan horses” or other harmful components and we are not liable for any damage you may suffer as a result of any such destructive features.
Changes to the Sites.
Fusion GT may change the Sites’ layout and design from time to time, and the availability of the Content and services included therein, without giving any prior notice on the Sites. You hereby agree and acknowledge that Fusion GT is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
Limitation of Liability. YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT WILL WE, OR ANY PARENT, SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THE SITES OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA THEM OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, INABILITY TO ACCESS OR USE THE SITES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Sites; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of any of the Sites (including your violation of any third party rights or any damages incurred to third parties arising out of any transaction made in reliance on the Content in the Sites); and (iv) any claims for bodily, death or other damages arising out of any transaction made in reliance on the Content in the Sites.
Links to Third Party Websites. We may provide links to other websites maintained by us and our affiliated entities as well as links to unaffiliated third parties’ websites for your convenience and should not be deemed to imply that we endorse those sites or any content therein. We do not maintain these third party websites and are not responsible for the availability, accuracy, or quality of the content on the third party websites. We make no representations or warranties whatsoever about any other website which you may choose to access through this Site. You should review the terms and conditions related to the use of any third party websites before using them.
Submitting information to us.
Further, any information you give to us through any Site is subject to the following provisions.
(1) You represent and warrant to us and to all others that may access the Sites that you own, or possess sufficient rights in, all such information and all such parties may regard such information as public and, in any case, not your proprietary information; (2) You grant to us a non-exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit; and(3) We are free to use any ideas, concepts or know-how contained in such information.
The site was created by and is controlled, operated and administered by Fusion GT a Delaware corporation, or its agents from offices within the United Kingdom, utilising servers located in the United Kingdom . We make no representation that materials at this Site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing any Site from any jurisdiction where such Site’s contents are illegal is prohibited. You may not use the Site or export the materials in violation of import or export laws and regulations. If you access a Site from a location outside of the United Kingdom, you are responsible for compliance with all local laws.
Choice of Law, Jurisdiction, and Venue.
Limitation of Actions.
You must commence any suit or other action in connection with your use of any of the Sites within one year after events giving rise to the claim or cause of action occur.
Violations and Additional Policies.
We reserve the right to seek all remedies available at law and in equity for violations of the Terms, including the right to block access from a particular Internet address to the Sites.
- These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto;
- Fusion GT may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Sites to a third party without your consent or prior notice to you;
- Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without Fusion GT ‘s prior explicit and written consent;
- No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof;
- These Terms constitute the entire terms and conditions between you and Fusion GT relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between us, including, without limitation, those made by or between any of our respective representatives, with respect to the Fusion GT ‘s products and the Sites. You agree that no parol evidence shall be admitted in any judicial proceeding to establish any terms inconsistent with these Terms. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Fusion GT in entering into these Terms.
For information, questions or notification of errors, please contact:
36 Alie Street London UK E1 8DA
Tel +44(0) 207 481 1656
Last Updated: 25th July 2014