Fusion Marketplace, LLC,

Fusion Marketplace

Terms of Use

 

Last Updated: May 27, 2021

Acceptance of the Terms of Use

These Terms of Use are entered into by and between Fusion Marketplace, LLC ("Fusion", "we" or "us") and visitors and users of our site, which may include traveling healthcare professionals and healthcare staffing agencies ("You"). These Terms of Use and the Privacy Policy at https://www.fusionmarketplace.com/agencies/privacy-policy, together with any documents they expressly incorporate by reference (collectively, the "Terms"), govern your access to and use of https://www.fusionmarketplace.com and any related sub-domains (our "Site"), including any content, functionality and services offered on or through our Site, whether as a guest or a registered user.

Please read the Terms carefully before you start to use our Site. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use our Site.

Our Siteis offered and available to users who are of legal age to form a binding contract with us." By using our Site, you represent and warrant that you meet the foregoing eligibility requirements." If you do not meet these requirements, you must not access or use our Site.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Site thereafter." Your continued use of our Site following the posting of revised Terms means that you accept and agree to the changes." Please check these Terms whenever you access our Site to see what those changes may be.

Accessing the Site and Account Security

We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are solely responsible for making all arrangements necessary for you to have access to our Site. To access our Site or some of the resources it offers, you may be asked to provide certain registration details or other information. You represent and warrant that all information you provide to Fusion is correct, current, and complete. It is a condition of your use of our Site that all the information you provide on our Site is correct, current, and complete. You agree that all information you provide to register with our Site or otherwise is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

Any resume or application information that a Professional submits through the Site, including personal information included in a resume or application is subject to these Terms. Once a Professional provides information to an Employer (whether in the form of a job application, resume, email, or otherwise), Fusion does not have control over the Employer's use or disclosure of that information. If a Professional wants to request the Employer delete, modify, or maintain confidence over any such information, the Professional must make such a request directly to the Employer.

By using the Site, a Professional agrees that Fusion is not responsible for the content of the Employer's job application, messages, screener questions, skills assessments or their format or method of delivery, and that Fusion does not guarantee receipt of the Professional's application by the Employer, or the Professional's receipt of messages from the Employer. Please note that Fusion does not choose the questions asked by Employers or decide the job qualification criteria of Employers.

As a Professional, you shall not create or send any application that (i) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (ii) directly or indirectly violates these Terms.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately at support@fusionmarketplace.com of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information. You are responsible for all content submitted and activity that occurs under your account, even if done by third parties who have accessed our Site through your account.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Restrictions on Use of Our Online Materials

All materials on our Site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music ("Online Materials") are copyrighted intellectual property. All usage rights are owned or licensed and controlled by us or our licensors. Subject to your continued compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use our Site solely for your travel career experience, if a Professional, and your job-posting needs, if an Employer." You may only continue to use our Site provided that you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the Online Materials, 3) you do not use the Online Materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of Online Materials to a database, server, or personal computer for reuse for commercial purposes. You may not copy, reproduce, republish, upload, post, create derivative works of, publicly display, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Further, you may not add, delete, distort or misrepresent any Online Materials on our Site. Any attempts to modify any Online Materials, or to defeat or circumvent our security features is prohibited. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Site, Online Materials or any other content on our Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Only to the extent permitted by law, you grant Fusion a nonexclusive, worldwide, perpetual, revocable, fully paid, royalty-free, transferable, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all personal information that you post or submit, for the purpose of publishing material on the Site, maintaining the Site and promoting Fusion without restriction. You understand that no compensation in any form shall be due or payable to you in connection with Fusion's exercise of its rights under the license granted under this section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Fusion's exercise of these rights, you hereby waive any and all rights to such compensation.

The Fusion Marketplace, LLC and Fusion Medical Staffing name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of Fusion, its affiliates, or licensors. You must not use such marks without our prior written permission." All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You acknowledge that the software used on the Site is confidential and proprietary and that other than with respect to the limited license granted to you herein, all rights, title and interest in and to the Software, including all rights under U.S. and international intellectual property laws, including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, reside solely in Fusion's software provider. You shall not permit the software to be used by any third parties including, without limitation, any independent contractors or vendors of the Employer. You may not sell, license, sublicense, rent, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, reverse engineer, create derivative works from or otherwise commercially exploit any software, in whole or in part. Except for the limited rights and licenses expressly granted hereunder, no other license or right is granted and no other use is permitted.

Prohibited Uses

You may use our Site only for lawful purposes and in accordance with these Terms. You agree not to use our Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Site, or which, as determined by us, may harm us or users of our Site or expose them to liability.

Additionally, you agree not to:

  • Use our Site in any manner that could overburden, disable, damage, or impair our Site or interfere with any other party's use of our Site, including their ability to engage in real time activities through our Site.
  • Use any spider, robot, or other automatic device, process, or means to access our Site for any purpose, including copying or monitoring any of the material on our Site.
  • Use any manual process to monitor or copy any of the material on our Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of our Site.
  • Introduce any viruses, worms, logic bombs, Trojan horses or other material to our Site which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site.
  • Attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of our Site.

Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of our Site.
  • Terminate or suspend your access to all or part of our Site, for any or no reason, including, without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information and resources, including but not limited to forms and documents, presented on or through our Site are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information or any resources. Any reliance you place on such information or resources is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Site, or by anyone who may be informed of any of its contents.

Our Sitemay include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to Fusion Marketplace Site

We may update the Online Materials on our Site from time to time, but its content is not necessarily complete or up-to-date. We are under no obligation to update such material.

Information About You and Your Visits to Fusion Marketplace Site

All information we collect on our Site is subject to the Privacy Policy https://www.fusionmarketplace.com/agencies/privacy-policy. By using our Site, you consent to all actions taken by uswith respect to your information in compliance with the Privacy Policy.

Submitting Your Online Material to Fusion

All remarks, suggestions, ideas, graphics, comments, or other information that you send to our Site through our Site (other than information we promise to protect under our Privacy Policy) becomes and remains our property, even if this agreement is later terminated. That means that we do not have to treat any such submission as confidential. You cannot sue Fusion for using ideas you submit. If we use them, or anything like them, we do not have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Site mission, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Additional Terms Applicable To Employers

The terms and conditions in this section apply to all employers who access or use our Site to make available information regarding employment and other job openings whether on their behalf or on another's behalf ("Employers"). For purposes of this section of the Terms, all references to Employer shall mean, the individual or organization accessing this Site in his or her capacity as an Employer. When you create an account or post a job listing on our Site, you accept and agree to these Terms. If you do not agree to these Terms, you must stop using the Site as an Employer. As an Employer, your account is for business use and not for personal use. Attempting to register or send an email from a name or email address that is not true, current, or complete, is a violation of these Terms and we reserve the right to drop such email.

You are solely responsible for the contents of your emails, postings, and communications on or resulting from the use of the Site. You agree that Fusion may reject or remove any job posting or any other posted information for any or no reason. You shall indemnify, defend and hold harmless Fusion, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any job posting created by you, or any job listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions contained in any of the foregoing).

 

A job advertisement may not contain:

  • Any hyperlinks, other than those specifically authorized by Fusion
  • Misleading, unreadable, or hidden keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented
  • The names, logos, or trademarks of unaffiliated companies
  • The names of colleges, cities, states, towns, or countries that are unrelated to the posting
  • More than one job description
  • More than one location, or more than one job category, unless the product so allows
  • Inaccurate, false, or misleading information

You must not use the Site to:

  • post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
  • post jobs that include any screening requirement or criterion in connection with a job ad where such requirement or criterion is not an actual and legal requirement of the posted job.
  • sell, promote or advertise products or services.
  • post any franchise, pyramid scheme, 'club membership', distributorship, multi-level marketing opportunity, or sales representative agency arrangement.
  • promote any opportunity that does not represent bona fide employment which is generally indicated by the Employer's use of IRS forms W-2 or 1099.
  • except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health (including pregnancy status), (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (vii) age.

 

Fusion reserves the right to remove any job posting or content from the Site, which in the reasonable exercise of Fusion's discretion, does not comply with the above Terms, or if any content is posted that Fusion believes is not in the best interest of Fusion.

 

 

Additional Terms Applicable to Professionals

The terms and conditions in this section apply to those individuals searching for employment and other job openings ("Professionals"). Fusion may make job postings and other related content, including links to third-party websites, available to Professionals at no cost. Job postings are created and provided by third parties over whom Fusion exercises no control. By using the Site, you acknowledge and understand that Fusion has no control over the content of the postings, links to or from the job postings, or any conditions third parties might impose once a Professional has submitted an application or left the Site."

 

Any resume, application, or information you submit through the Site, including personal data is subject to these Terms and Fusion's Privacy Policy. Once you provide information to an Employer, Fusion does not have control over the Employer's use or disclosure of that information. Fusion may use your application materials to determine whether you may be interested in a job posting, and Fusion may reach out to you about such job posting. Fusion may, in its sole discretion, impose limits on your ability to apply to job posting or to other Fusion services. When you apply to a job using Fusion, Fusion will attempt to send your application to the contact information provided to us by an Employer. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. Fusion also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data.

 

Any information you submit to our Site must be accurate and describe you, an individual person. The Site may require standard fields to be completed and you may not include in these fields any inaccurate information. You acknowledge and agree that you are solely responsible for the form, content and accuracy of your emails, postings, and communications on or resulting from the use of the Site. You agree that Fusion may reject any communication for any or no reason. Fusion assumes no responsibility and disclaims all liability for the application information you post, send, or receive through the Site. You shall indemnify, defend and hold harmless Fusion, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any job listing or screener answers posted by you or any communication sent by you.

 

Warranties Disclaimed

YOUR USE OF OUR SITE, THE CONTENT THEREON, AND ANY OTHER SERVICES OR ITEMS ACCESSED THROUGH OUR SITE IS AT YOUR OWN RISK. OUR SITE, THE CONTENT THEREON, AND ANY OTHER PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH OUR SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FUSION NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SITE. WITHOUT LIMITING THE FOREGOING, NEITHER FUSION NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR SITE, THE CONTENT THEREON, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH OUR SITEWILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITE OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH OUR SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

To the extent allowed by law, neither Fusion, nor any of its service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of our Site, published programs, videos, services or products, or your purchaseof services or products from Fusion via our Site or otherwise. 

Fusion disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Site or otherwise made available on the Site by Fusion or third parties (including Online Materials), regardless of whether paid for or used for free. Fusion disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Fusion for informational purposes only, including but not limited to, data like estimated applies or organic traffic, and salary information. A Professional acknowledges you are not paying Fusion for the aforementioned information. Fusion disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including Online Materials). Fusion does not guarantee that the Site will always be error free, safe or secure. Fusion further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Fusion be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Fusion be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from the Site.

Fusion further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other services provided by Fusion as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person's computer, mobile device or other hardware or software, related to or resulting from using or downloading any Online Materials in connection with the Site. Under no circumstances will Fusion be responsible for any loss or damage to any content or personal injury or death, resulting from anyone's use of the Site, Online Materials, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site, whether online or offline.

Fusion further disclaims all warranties as to the accuracy of the Professionals' application materials, questions, resumes, and other materials."

Limitation of Liability

IN NO EVENT WILL FUSION, NOR ANY OF ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGE OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

  • USE OF (OR INABILITY TO USE) OUR SITE OR OUR ONLINE MATERIALS
  • USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
  • FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
  • ERROR ON OUR SITE; OMISSION ON OUR SITE; INTERRUPTION OF AVAILABILITY OF OUR SITE; DEFECT ON OUR SITE; DELAY IN OPERATION OR TRANSMISSION OF OUR SITE; COMPUTER VIRUS OR LIKE FAILURE; DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
  • PUNITIVE DAMAGES."
  • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")

WE DO NOT SCREEN OR VERIFY PROFESSIONALS FOR QUALIFICATIONS OR WORK AUTHORIZATION. WE DO NOT GUARANTEE JOB PLACEMENT FOR ANYONE USING THE SITE AND DO NOT GUARANTEE THAT AN EMPLOYER WILL FILL A VACANCY BY ADVERTISING ON THE SITE OR SEARCHING THE RESUME AND PROFILE DATABASE. RESUMES, PROFILES AND JOB POSTINGS ON THE SITE DO NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY US. WE EXPLICITLY MAKE NO REPRESENTATIONS OR GUARANTEES WHATSOEVER ABOUT ANY USER CONTENT OR THE VALIDITY OR ACCURACY OF ANY USER CONTENT. WE ARE NOT RESPONSIBLE FOR THE JOB APPLICATION, RECRUITING, SCREENING AND INTERVIEW PROCESS, HIRING DECISIONS, SAFETY, WAGES, WORKING CONDITIONS, ETHICS OR ANY OTHER ASPECT OF EMPLOYMENT WITH EMPLOYERS. IT IS THE RESPONSIBILITY OF PROFESSIONALS TO PERFORM DUE DILIGENCE IN RESEARCHING EMPLOYERS WHEN APPLYING FOR OR ACCEPTING EMPLOYMENT AND TO THOROUGHLY RESEARCH THE FACTS AND REPUTATION OF EACH ORGANIZATION TO WHICH THEY ARE APPLYING.

WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE 'INCIDENTAL' OR 'CONSEQUENTIAL'DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMSOF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN SIX MONTHS OF FEES YOU PAID, IF ANYTHING, TO ACCESS OUR SITE.

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

Professional's Obligation. Professional agrees to defend, indemnify, and hold harmless Fusion, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to a Professional's violation of these Terms or your use of our Site, any use of our Site's content, services, and products, other than as expressly authorized in these Terms, or a Professional's use of any information obtained from our Site.

Employer's Obligation. Employer shall hold harmless, defend, and indemnify Fusion under these Terms, and each of their respective officers, directors, shareholders, owners, members, managers, employees, contractors, representatives, and agents, from any claim, damage, loss, lawsuit, proceeding, cost, liability, fine, attorneys' fee, penalty, or expense arising out of or in any way relating to:

  • Services provided by Employer or any Professional under this Terms, except to the extent caused by Fusion's sole gross negligence;
  • Employer's or any Professional's breach of any provision of these Terms;
  • Any violation of federal, state, or local law applicable to Employer or a Professional, including applicable employment laws, wage and hour laws, and the like;
  • Employer's or any Professional's negligent or wrongful acts or omissions; or
  • Any claim that Fusion is a joint employer of Professionals for the purposes of any federal, state, and/or local laws.

Fusion's Obligation. Fusion shall hold harmless, defend, and indemnify Employer, and its respective officers, directors, shareholders, owners, members, managers, employees, contractors, representatives, and agents, from any third party claim, damage, loss, lawsuit, claim, liability, fine, attorneys' fee, penalty, or expense to the extent arising from Fusion's breach of any provision of these Terms or the negligent acts or omissions of its members, managers, employees, contractors, or agents arising within the scope of their respective employment, not including Employer or any Professional rendering services under these Terms (who are employees or independent contractors of Employer).

Linking to our Site andSocial Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Sitemay provide certain social media features that enable you to:

  • Link from your own or certain third-party Sites to certain content on thisSite.
  • Send e-mails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.
  • You may use these features solely as they are provided by us and solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
  • Establish a link from any Sitethat is not owned by you.
  • Cause our Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  • Link to any part of our Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice." We may disable all or any social media features and any links at any time without notice in our discretion.

Links to Other Sites

We sometimes provide referrals to and links to other Sites from our Site. This includes links contained in advertisements, including banner advertisements and sponsored links Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our Site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Fusion-operated site or have moved to another site. Fusion is not responsible for the content or practices of third party sites that may be linked to our Site. When Fusion provideslinks or references to other Sites, no inference or assumption should be made and no representation should be inferred that Fusion is connected with, operates or controls these Sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Fusion site or endorsement, sponsorship or support of Fusion, including its respective employees, agents or directors. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Termination of The Terms

The Terms are effective until terminated by Fusion. Fusion may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of these Terms. Upon termination, you must destroy all materials obtained from Fusion. In addition, by providing material on our Site,we do not in any way promise that the materials will remain available to you. And Fusion is entitled to terminate all or any part of any of our Sitewithout notice to you.

Jurisdiction, Class Action Waiver, and Other Points to Consider

If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws. These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of Nebraska, without regard to its conflict of law provisions, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate Fusion and/or its affiliates' intellectual property rights, Fusion and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Nebraska, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Douglas County, Nebraska. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Douglas County, Nebraska, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of these Terms will continue in full force and effect.

Information and Minors

In accordance with the Children's Online Privacy Protection Act of 1998 (COPPA), Fusion will never knowingly solicit, nor will Fusion accept, personally identifiable information from users known to be under 13 years of age.

Electronic Communications, Transactions and Signatures

Visiting our Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Entire Agreement

These Terms, the Privacy Policy and the Vendor Agreement constitute the sole and entire agreement between you and us with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our Site.

If there are any questions regarding Fusion Marketplace or these Terms, please contact us at:

 

Fusion Marketplace, LLC

11808 Grant Street

Omaha, NE 68164

privacy@fusionmarketplace.com