Terms

Terms and agreements

These Terms of Use (the "Terms") govern your use of all web sites or mobile web sites owned or operated by Fusion Motorsports USA LLC, including the web site currently located at www.fusionmotorsportsusa.com (the "Site"), as well as any applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by Fusion Motorsports and any other interactive features, widgets and resources offered by Fusion Motorsports USA LLC through traditional Internet websites, mobile devices or other platforms (all of which are collectively referred to as the “Services”). By using the Site or Services, you agree to these Terms.

Limitation on Liability

THE LIABILITY OF FUSION MOTORSPORTS USA LLC SHALL BE REVOKED TO DIRECT DAMAGES SUSTAINED BY MEMBERS AND TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF THE MEMBERS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;  IN NO EVENT SHALL FUSION MOTORSPORTS USA LLC BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING IF THE MEMBER HAS NOTIFIED FUSION MOTORSPORTS USA LLC. THERE ARE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FOR MISUSE OF PROUCT INSTALLATION OR HANDLING. FUSION MOTORSPORTS USA LLC SHALL NOT BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER. 

FUSION MOTORSPORTS USA LLC does not represent that the products it manufactures or sells may not be compromised or circumvented; that the products will prevent any personal injury or loss by burglary, robbery, fire or otherwise, or that the products will in all cases provide adequate warning or protection. CONSEQUENTLY, FUSION MOTORSPORTS USA LLC SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM AT ALL INCLUDING A CLAIM THE PRODUCT FAILED TO GIVE WARNING. ANY DAMAGE CAUSED TO VEHICLE DURING PRODUCT INSTALLATION DOES NOT PLACE FUSION MOTORSPORTS USA LIABLE FOR MEMBER MISUSE.

Fusion Motorsports USA LLC, will not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Fusion Motorsports USA LLC has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available to members. These limitations will apply notwithstanding to any failure of essential purpose of any limited remedy.

Additional Terms

Our use of certain Services, including purchases you make on the Site, may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.

Proper Use of site & services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At Fusion Motorsports USA LLC, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Fusion Motorsports USA LLC. When you use the Site or Services, you may not:

  • violate any law or regulation
  • violate or infringe other people's intellectual property, privacy, publicity, or other legal rights
  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable
  • send unsolicited or unauthorized advertising or commercial communications, such as spam
  • transmit any malicious or unsolicited software
  • impersonate or misrepresent your affiliation with someone else
  • use any means to "scrape," "crawl," or "spider" any Web pages contained in the Site (although Fusion Motorsports USA LLC may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Fusion Motorsports USA LLC reserves the right to revoke these exceptions either generally or in specific cases)

User content

You own all content and information you post or share using the Site or Services (referred to as "User Content"), such as posting or sharing product reviews, recommendations or comments, photos, and profile information. You give Fusion Motorsports USA LLC permission to use your User Content as follows: you grant to Fusion Motorsports USA LLC and its affiliates a license to use, copy, display and perform your User Content in connection with the Site and Services. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Fusion Motorsports USA LLC, the Site or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

Clients promise

  • you own all rights to your User Content or, alternatively, that you have the right to give Fusion Motorsports USA LLC the rights described above
  • you have paid and will pay in full any fees or other payments that may be related to the use of your User Content;
  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content. We may remove User Content from the Site or Services for any reason.

In addition, when you post a review or any other comment regarding a product, you agree to disclose all material connections you may have with the manufacturer of such product or a competing manufacturer. A "material connection" is one that could influence the weight or credibility another person would give to the communications or messages made by you.


Ownership

Other than User Content, we own or license the content on the Site and Services, including software, text, visual and audio content ("Content"), Fusion Motorsports USA LLC trademarks, trade names, logos, and brand elements (“Fusion Motorsports Marks”) and the trademarks, trade names, logos and brand elements of third party goods and services that may be offered on the Site or through the Services ("Third-Party Marks"). The Content, Fusion Motorsports USA LLC. Marks and Third-Party Marks are protected under U.S. and international laws.

Feedback

We always welcome and appreciate your feedback and suggestions about Fusion Motorsports. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

Digital millenium Copyright Act

Fusion Motorsports USA LLC. respects the intellectual property rights of others. Upon proper notice, Fusion Motorsports USA LLC will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Fusion Motorsports USA LLC has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit Fusion Motorsports USA LLC to locate the material on the Site;
  • information reasonably sufficient to permit Fusion Motorsports USA LLC to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • your physical or electronic signature.

External Links

Our Site and Services may contain links to other Web sites. A link to a third party's Web site does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party Web site. You should always read the terms and conditions and privacy policy of a third-party Web site before using it.

Revisions to site or services

Fusion Motorsports USA LLC enhances and updates its Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. Fusion Motorsports USA LLC reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing or availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability.

Termination

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user's right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

disclaimer and limitations on our liability

You use the site and services at your own risk. The site and services and all products are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Fusion Motorsports USA LLC and its officers, employees, managers, members, parents, subsidiaries, corporate affiliates, agents, and licensors (referred to collectively as "affiliates") disclaim all warranties of any kind, express or implied, with respect to the site and services (including the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement).

In particular, Fusion Motorsports USA LLC and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the site or services (including, without limitation, any reviews, recommendations, comments or other content available on or through the site or services) or the content of any web sites or resources linked to the site or services. Fusion Motorsports USA LLC and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site or services; (c) any unauthorized access to or use of our servers or of any personal or financial information; (d) any interruption of transmission to or from the site or services; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site or services by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available on or through the site or services.

Except as expressly provided in these terms or in any applicable additional terms, Fusion Motorsports USA LLC and its affiliates do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised or offered for sale on or through the Fusion Motorsports site or services or any linked web site.

To the fullest extent permitted by applicable law, neither Fusion Motorsports USA LLC nor its affiliates will be liable under any theory of liability for any indirect, incidental, special, consequential or exemplary damages, including, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising from or relating to use of the site or services.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Fusion Motorsports USA LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Fusion Motorsports USA LLC liability will be the minimum permitted under such law.

Indemnification

You agree to indemnify, defend, and hold harmless Fusion Motorsports USA LLC and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Fusion Motorsports USA LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Fusion Motorsports USA LLC in such defense.

provisions

Under no circumstances will Fusion Motorsports USA LLC be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in San Diego County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. By entering into these terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms must be asserted individually. The arbitrator shall not have the power to award punitive damages against any party.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of Fusion Motorsports USA LLC to enforce any right or provision of these Terms will not prevent Fusion Motorsports USA LLC from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

changes to Terms

From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site or Services, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site and/or Services.

terms of Sales

Payment.  Only valid payment methods acceptable to us may be used to complete a purchase via the Services.  You represent and warrant that you are authorized to use your designated payment method.  You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges)

Taxes.  You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services.  We will collect applicable Taxes if we determine we have a duty to collect Taxes.  We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes.  The actual Taxes charged may be adjusted from the amount shown at checkout.  Several factors may cause this, such as variances between processor programs and changes in tax rates.  We are not required to, and do not, collect Taxes in all states.  You may have a duty to directly report and pay Taxes if we do not collect such Taxes.