Last updated: November 2, 2019
Welcome to Fusion Homes! We at Fusion Homes (“Fusion Homes”, “us”, “we”, “our”, or the “Company”, and terms of similar meaning as context may dictate) are excited to have you as a user and member of the community.
Fusion Homes provides this website and the Services provided by or through this website and to you subject to these Terms and Conditions and the Fusion Homes Privacy Policy (collectively, these “Terms” or “Terms and Conditions”). The Terms and Conditions apply to your use and access of www.fusionhomes.com (the “Website”), including any content functionality, and Services offered on or via this website and any successor websites or related application (together with all Services rendered by or through the Website, the “Services”).
We value our relationship with you and are pleased to serve you but please read the Terms and Conditions carefully before you start using or accessing our Website and/or our Services. Your access to and use of the Services is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
By accessing or using our Website and/or our Services you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms and Conditions, in whole or in part, please stop accessing our Website and/or use of our Services immediately and contact us at support@fusionhomes.com.
Using Our Services
You represent that you are at least eighteen (18) years of age, or of the age of majority in your place of residence or jurisdiction. If you are entering these Terms and Conditions on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these Terms and Conditions. If you do not have this authority or if you do not agree with these Terms and Conditions, please stop accessing our Website and/or your use of our Services.
You agree that:
- you are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party Services.
- you will not disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- you may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- you will not obtain or attempt to obtain unauthorized access to areas of our Website.
- you will not introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- you will not to spam, phish, pretext, spider, crawl or scrape, abuse or conduct illegal activities according to federal, provincial, municipal, or international law or regulations when using our Services.
Fusion Homes may suspend or terminate your access to the Services if you do not comply with these Terms and Conditions or if we suspect misconduct, fraudulent activities or payment, or a violation of these Terms and Conditions with our without notice. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms and Conditions. We have the right to cooperate with any law enforcement authorities or court order requesting us to disclose the identity or other information of anyone posting any materials on or using our Services. You waive and hold harmless Fusion Homes and its affiliates, licensees, and Services providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and/or suspension of your access to our Services. You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to protect your username, password or account information. You agree to notify us immediately of any unauthorized to or use of your account and any other breach of security. Any personal information which you may provide will be subject to our Privacy Policy.
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. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Intellectual Property
The Services and all contents, including but not limited to text, images, graphics or code are the property of Fusion Homes and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Services only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services. Third party content and trademarks displayed on the Services are owned by their respective owners and may not be reproduced in whole or in part, without the express written permission of their respective owners. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Links To Other Web Sites
The Services may contain links to third-party web sites or Services that are not owned or controlled by Fusion Homes.
Fusion Homes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or Services. You further acknowledge and agree that Fusion Homes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such websites or Services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Services that you visit.
Termination
These Terms and Conditions are effective until terminated by us. We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Fusion Homes or any third party.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
Indemnification
You agree to indemnify, defend and hold harmless Fusion Homes, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) reasonable legal and accounting fees resulting from your use of the Services; (b) your breach of any of these Terms; (c) anything you post on or upload to the Services; (d) any activity related to your account; or (e) your violation of any law or the rights of a third party. This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
Fusion Homes, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Services; (ii) your inability to access or use the Services; (iii) any conduct or content of any third-party on or related to the Services; (iv) any content obtained from or through the Services; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall Fusion Homes’ total liability for all damages under these Terms and Conditions exceed CAD$2,500.00. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Disclaimer and Non-Waiver of Rights
Fusion Homes makes no guarantees, representations or warranties of any kind as regards the Website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services is at your sole risk. The Services is provided on an “AS IS” and “AS AVAILABLE” basis. The Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Fusion Homes its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services is free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
If you breach any of these Terms and Fusion Homes chooses not to immediately act, or chooses not to act at all, Fusion Homes will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Fusion Homes does not waive any of its rights. Fusion Homes shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and Services provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements, oral or otherwise, regarding the Services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.
Contact Us
If you have any questions about these Terms, please contact us at support@fusionhomes.com