PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
When we refer to you or your, we mean the person accessing the Site. If the person accessing the Site does do so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
We reserve the right to make changes to, update, add, and delete material from this Site and these Terms at any time for any reason without notice to you or any other person. We recommend that you periodically review this Site and these Terms for any changes because your continued use of the Site after we make changes indicates your acceptance to such changes. If you do not accept these Terms, as they may be amended from time to time, you should exit the Site immediately and cease any further use of any materials you have obtained from the Site. If you are dissatisfied with this Site, your sole remedy is to discontinue using the Site and you understand that we may discontinue, change, or restrict your access and/or use of this Site for any reason without notice.
Copyright and usage of Content.
Our Site contains information, data, databases, software, source and object code, photographs, graphics, text, images, designs, layout (“look & feel”), interface GUI, presentations, e-learning materials, marketing materials, brochures, typefaces, videos, clips, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks and other proprietary rights including intellectual property rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Such copyrights and other proprietary rights are owned by us. All rights are reserved to their respective copyright owners. All Content is copyrighted as a collective work under the United Kingdom copyright laws and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. You are authorised to view, this Site only for your personal information and non-commercial use only provided that you:
- retain all notices contained in the original materials and not remove, delete or disassociate from any and all of the Content any copyright, trademark or other proprietary notices restrictions and signs indicating proprietary rights of Fusion GT which are contained or accompanying in the Content (such as copyright mark [©]or trademark [®]);
- only use images or other visual content with surrounding text relating to the images; and,
- Include the following copyright notice: “Copyright © 2012 Fusion GT , Ltd. All rights reserved. Represent and warrant that you will abide by all applicable laws in this respect and avoid from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Fusion GT (as defined herein).
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content in whole or in part. All rights are reserved to their respective copyright owners. No further publication or commercial use may be made of the Content on this Site without our express written permission. You may not make any part of this Site available as part of another website whether by hyperlink framing on the internet or otherwise. This Site and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Site or its content.
Other Intellectual Property Rights.
Please note that any product, process or technology described in the materials on this Site and all logos and other proprietary identifiers used by Fusion GT in connection with the Sites (“Fusion GT registered) are the subject of other intellectual property rights reserved by us and are not licensed hereunder. All product names, whether or not appearing in large print or with the trademark symbol, including, without limitation, Fusion GT logo, Plexr®, Vibrance® OFF® RF Plus Med®, Carbomax® Led Lights® GenioLed® Stone® Sonik® and most other brand names in this Site and all Fusion GT Sites are all Fusion GT worldwide registered logos and/or trade names of Fusion GT whether or not registered.
Trademarks service marks, trade names and logos of other parties which may appear on the Sites belong to their respective owners and identified wherever possible and we acknowledge their rights (“Third Party Marks”). No right, license, or interest to Fusion GT trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Fusion GT Trademarks or the Third Party Marks and therefore you will avoid using any of those Marks.
Other Terms and Notices May Apply.
Access to this Site and its content may not be legal in certain countries and we make no representation that the information in the Site is appropriate or available for use in other locations. If you access this Site from outside the United Kingdom , you do so at your own risk and are responsible for compliance with all applicable laws of your jurisdiction, including, without limitation, laws concerning the transmission of data exported from the United Kingdom or the country in which you reside. We assume no responsibility or liability concerning such use.
Conduct on the Sites.
Your use of the Sites is subject to all applicable laws and regulations and you are solely responsible for your behaviour on the Sites and the contents of your communications through the Site. There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein (as judged by us in our sole discretion), may result in the termination of your access to the Sites and may also expose you to civil and/or criminal liability.
(a) You agree not to post or store on the Site any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable (“Objectionable”).
(b) You agree not to use the Site in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Site any material that is Objectionable. You agree not to use any of our domain names as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using our services. Furthermore, you agree not to transmit unsolicited or bulk communications to any of our account holder or to any affiliated email address (regardless of whether you use the Site to transmit any such communication).
(c) You agree not to use the Site for any unlawful activities or purpose not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or Site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm;
(d) You agree not to use the Site to upload, post or otherwise transmit any Content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) You agree not to use the Site to upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the Sites and retrieve, index and/or data-mine any information;
(f) You agree not to use the Site to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(g) You agree not to use the Site to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; and
(h) You agree not to interfere with or violate other Users’ rights to privacy and other rights, or use the Site to collect, harvest or store personal data about other users without their express consent, whether manually or automatically.
Without derogating from the above, you hereby agree to not, whether by yourself or anyone on your behalf:
- Infringe or violate any of the Terms;
- Use the Sites for non-personal or commercial purposes without Fusion GT express prior written consent;
- Interfere with or disrupt the operation of the Sites or the servers or networks that host the Sites, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
- Impersonate any person or entity or provide false information on the Sites, whether directly or indirectly;
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Fusion GT or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about the Sites.
- Transmit, distribute, display or otherwise make available through or in connection with the Sites any content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content;
- Bypass any measures we may use to prevent or restrict access to the Sites.
- Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Sites in any way, unless permitted hereunder.
- Create a browser, frame, border environment or GUI around the Sites.
- Link, including in-line linking, to elements on the Sites, such as images, posters and videos, unless permitted hereunder.
Not Intended for Children
This Site is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. If you are under the age of 13, please do not supply any personally identifiable information through the Site. If you are under the age of 13 and have already provided personally identifiable information through the Site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.
Telephone Consumer Protection Act, CAN SPAM, and Similar Law.
Your use of this Site establishes a business or other applicable relationship with us for purposes of the Telephone Consumer Protection Act or other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this Site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
No Medical Advice Provided.
This Site, including its Content and programs (including, but not limited to, message boards, text files, chat rooms, forums, or other communication facilities), is provided for informational and educational purposes only. Our provision of this Site should not be interpreted as an attempt to practice medicine, nor does use of this Site establish a doctor-patient relationship between us or any of our users. The information posted on the Site by us and by third parties should not be considered medical advice, and is not intended to replace consultation with a qualified doctor or other professional healthcare provider. Unless explicitly stated otherwise, all Content on this site is the opinion of its author, and not ours. The Sites are intended for use by medical professionals and not consumers or patients. Furthermore, the ideas and opinions expressed in any forum are those of the authors, and do not necessarily reflect our position. The Sites may provide information on medical and health conditions, products and treatments, developments in medicine and articles may include information on device applications not included in approved FDA labelling. Such ideas are provided as information and education only and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice of a physician or other medical professional or for any information contained on or in any product packaging or labels. Information in the Sites should not be considered an endorsement, promotion or in any other way encouragement for the use of any particular procedure, technique, device or product. We shall not be liable for any injury and/or damages arising out of any decision made or action taken or not taken in reliance in Content contained on the Sites.
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, utilizing 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 constitutes the entire terms and conditions between you and Fusion GT relating to the subject matter herein and supersedes 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