These Terms of Use (the "Terms") apply when we are engaged by a company or organization (the "Organization") to create a unique instance of our Platform to allow the Organization to conduct business or communicate with their employees and/or other invited users. These Terms govern your use of the Platform.
In addition to these Terms of Use, your Organization may provide additional policies and terms tailored to how your Organization uses our Platform. We urge you to review any such additional policies and terms and contact your Organization if you have any questions.
By accessing or using the Platform, you signify that you have read, understood, and agree to be bound by these Terms. Your use of the Platform is also subject to our Platform Privacy Policy, which covers how we collect, use, share, and store your personal information and any additional policies and terms provided by your Organization.
We reserve the right to amend these Terms or our Platform Privacy Policy at any time and without notice. When we update these Terms, we will revise the "Effective Date" date above, post the new Terms online, make it available through the Platform, and communicate it to the Organization as appropriate. Your Organization will be responsible for notifying you and may elect to do so through the Platform, or we will notify you if required by the Organization. We encourage you to regularly check back on this page to ensure you are up to date with any changes. If you object to any changes, you may close your account. Your continued use of the Platform at any time, including after we publish or send a notice about our changes to these Terms, means that you consent to the Terms and any revisions thereto.
OVERVIEW OF THE PLATFORM
Our Platform is hosted and operated by FuseMind, Inc. ("FuseMind"). It enables your Organization to conduct business and communicate information/data with employees and/or individuals authorized by the Organization to use the Platform.
How it works? Your Organization has engaged FuseMind to establish a unique instance of our Platform. This Platform instance is accessible through a website and/or app where Users may view Organization-related content such as information about products, services, events, and other content chosen and posted onto the Platform by the Organization ("Organization Content"), and where Users may view such content, potentially share it with other Users or outside the Platform.
The Organization controls the Organization's Content ("Organization Content") on the Platform and other information collected from you when your account is created. Therefore, we have designed written protocols and agreements with your Organization that define how this information should be used, and we will only use the information according to such an authorized agreement.
Your Organization also defines the scope of the Community in its unique instance of our Platform ("Community"), and some Organizations opt to include a larger community beyond their own employees (for example, business partners or alumni). You may request more information on what subgroups are a part of your Community from the Organization you are associated with.
USE OF THE PLATFORM
Your use of the Platform, as authorized by your Organization, is subject to these Terms and any additional policies and terms provided by your Organization. FuseMind reserves all rights not expressly granted herein. FuseMind. or your Organization may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Platform without notice and liability if, in their respective determination, you violate any of these Terms. By providing FuseMind your email address, you consent to our using the email address to send you Platform-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages relevant to and a necessary part of your use of the Platform.
SERVICE USAGE RESTRICTIONS
You agree that you will:
You agree that you will not Act in an unlawful or unprofessional manner in connection with the Platform, including and without limitation to:
OUR PROPRIETARY RIGHTS
Except for the content that is specifically owned by your Organization, the Platform and all of the materials included therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, and videos (the "FuseMind Materials"), and all intellectual property rights related thereto, are the exclusive property of FuseMind and its respective successors and assigns. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Platform. Use of FuseMind Materials on the Platform for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to, or we may invite you to submit feedback, comments, questions, and other information about the Platform, including without limitation about how to improve the Platform or our other products. By submitting any such comments, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place FuseMind under any fiduciary or other obligation, that we are free to disclose your comments on a non-confidential basis to anyone or otherwise use them without any additional compensation to you. You acknowledge that, by acceptance of your submission, FuseMind does not waive any rights to use similar or related ideas previously known to FuseMind developed by its employees or obtained from sources other than you.
INDEMNITY
You agree to defend, indemnify, and hold harmless FuseMind and its subsidiaries, agents, managers, affiliates, successors and assigns, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of publicity or any intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content you submit; or (vi) any other party's access and use of the Platform with your unique username, password or other appropriate security code.
NO WARRANTY
The Platform is provided on an "as is" and "as available" basis. Use of the Platform is at your own risk. The Platform 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, or non-infringement. Without limiting the foregoing, FuseMind and its affiliates do not warrant that any content is accurate, reliable, or without defect; that the Platform will meet your requirements; that the Platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Platform is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Platform is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such a download.
FuseMind does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked website or service or featured in any banner or other advertising, and FuseMind will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services on the Platform.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will FuseMind its affiliates, directors, employees, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other losses, that result from the use of, or inability to use, this Platform. Under no circumstances will FuseMind be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Platform or your account or the information contained therein. Our aggregate liability arising out of these terms will not exceed the amount you have paid us in the past three (3) months.
To the maximum extent permitted by applicable law, FuseMind assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of our Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Platform by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform; and/or (vii) any content or the defamatory, offensive, or illegal conduct of any Third party.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if FuseMind has been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
GENERAL
The laws of the State of Texas will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions
We may notify you via postings on our website, via email, or any other means to the contact address you provide.
You may not assign or transfer any rights and licenses granted hereunder.
These Terms and any additional terms incorporated by reference herein or that expressly incorporate these Terms constitute the entire agreement between you and FuseMind regarding the subject matter hereof. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such Term or any other term. FuseMind's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Please contact your Client Services Representative at FuseMind or send an email to legal@fusemind.com with any questions regarding this Policy.
Last Updated: 06-12-23