Fusion Holdings, Inc.

Fusion Marketplace

Terms of Use

Last Modified: January 19, 2021

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Fusion Holdings, Inc. (“Fusion”, “we” or “us”). 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 Marketplace Site.

Our Site is 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 of Use

As you use our Site, we would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find or engage the information you need and want. All we ask is that you agree to abide by these Terms. Take a few minutes to look them over because by using our Site you automatically agree to them. If you don’t agree, please do not use our Site. We may revise and update these Terms as we deem necessary at any time. All changes are effective immediately when we post them and apply to all access 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 Fusion Marketplace 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.

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. 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.

If you choose, or are provided with, a username, 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 of any unauthorized access to or use of your username 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 username, 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 of Use.

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 right and license to access and use our Site solely for your personal, non-commercial purposes. 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. Neither may you add, delete, distort or misrepresent any content on our Site. Any attempts to modify any Online Materials, or to defeat or circumvent our security features is prohibited. You may not access or use our Site for commercial purposes. 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.

The Fusion Holdings, Inc., Fusion Marketplace or 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.

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 ITS 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 Site may 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 content 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 us with 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.

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 SITE WILL 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 purchase of services or products from Fusion via our Marketplace Site or otherwise. 

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

  • 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 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 TERMS OF 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 THE FEES YOU HAVE PAID FUSION DURING THE 6 MONTH PERIOD PRECEEDING YOUR CLAIM.

 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree 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 your 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 of Use, or your use of any information obtained from our Site.

Termination of This Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from our Site, along with all related documentation and all copies and installations. 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 this agreement. 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 Site without notice to you.

Jurisdiction 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.

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 Federal 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 Partner 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 Holdings, Inc.

11808 Grant Street

Omaha, NE 68164

privacy@fusionmarketplace.com