Fusion Fluid Equipment, LLC (“Fusion”) owns and operates this website. This document governs your relationship with Fusion and fusion-express.com (the “Site”). Accessing, browsing, or otherwise using the Site indicates your acceptance to all the terms, conditions, and notices (“Terms and Conditions”). Should you find the Terms and Conditions disagreeable, do not access and/or use the Site for any reason.
Limited Use License and Access
Fusion grants you a limited, personal, nonexclusive, revocable, and non-transferable license to access and use the website solely for the purpose of searching and viewing information about the Site and its services and products while deciding whether to purchase products from us and in purchasing products from us. Fusion reserves the right to terminate your limited use license at will, at any time, and at its discretion.
You must not abuse the Site. You agree that you will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, work, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, infringing, defamatory, threatening, abusive, illegal, or in any way offensive or obscene; hack into any aspect of the website; corrupt data; cause annoyance to other users; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Breaching this portion of the Terms and Conditions would constitute a criminal offense and Fusion will promptly report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Fusion will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Linked Site.
The Site may contain external hyperlinks to other websites and internet resources (“Linked Sites”) that are not owned, operated, and maintained by Fusion. Fusion does not control, endorse, or imply any association with their operators. You agree that Fusion is not responsible for the accessibility to Linked Sites, and do not hold Fusion accountable or liable or any loss or damage, both directly or indirectly, caused by any connection, products, services, or content of Linked Sites. Any Linked Sites appearing on the Site must not be misleading or false. Fusion reserves the right to instruct you to promptly remove your Linked Site at any time and at our discretion. You will not, directly or indirectly, link to our Site or any portion thereof, as expressed in our instruction, at any time after such instruction.
Intellectual Property, Downloads, Software, and Content
The intellectual property rights in all software, downloads, and content (including photographic images, logo, taglines, unique computer graphics and images, and calculation tools) made available to you on or through this Site remain the property of Fusion or its licensors and are protected by U.S. and international copyright laws. All such rights are reserved by Fusion and its licensors. You may store, print, and display the supplied content solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
Except where expressly stated to the contrary, all third party trademarks and content, services and/or locations featured on this website are in no way associated, connected, or affiliated with Fusion and the Site and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by Fusion or the Site.
Terms of Sales
By placing an order by way of this Site, you are offering to purchase a product on and subject to the following Terms of Sales. All orders are subject to availability and confirmation of the order price. Fusion retains the right to refuse any order and request made by you. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
(a) Placing an Order
You must be 18 years of age or older to contract with Fusion, and possess a valid credit or debit card issued by a bank acceptable to us to purchase product from our Site. We accept Visa, MasterCard, American Express, and Discover cards. Credit and debit card arrangements are subject to change.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
(b) Pricing and Availability
While we try and ensure that all details, descriptions, and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
(c) Other Charges
When you submit an order via the Site, your credit or debit card is charged, and you will receive an email that indicates order acknowledgement and payment charged to your credit or debit card. This order acknowledgment contains your order number and acts as a contract between you and Fusion.
Disclaimer of Liability
The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Fusion and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity. Fusion shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation , or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Fusion’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. Your only recourse with respect to claims related to purchased products is the right to return the products in an acceptable condition approved by Fusion and obtain a refund of the published purchase price.
You agree to indemnify, defend and hold harmless Fusion, the Site, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.
This Site is created, controlled, and maintained in the State of Michigan, USA. Being so, the laws of the State of Michigan will govern these disclaimers, terms, and conditions without giving effect to any principles of conflicts of law.
Any dispute related in any way to your access to, use of the Site, or to the products you purchase through the Site shall be submitted to confidential arbitration in Muskegon, Michigan. You herby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Michigan. If you have in any manner violated or threatened to violate our Terms and Conditions, Fusion may seek injunctive or other appropriate relief in any state or federal court.
Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this document shall be joined to an arbitration involving any other party subject to this document, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this document must be filed within one (1) year after such claim or cause of action arose or be forever banned.
Revisions to Terms
The Terms and Conditions are effective according to the revision date published at the beginning of this document. Fusion reserves the right to modify and/or revise these terms at any time and at its discretion. When changes are made to the Terms and Conditions, notice will be given by way of an updated revision date noted at the beginning of the document. It is your responsibility to regularly review these Terms and Conditions. Your access and use of the Site after any revision indicates your acceptance of the revised terms.
If any portion of the Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that portion shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining portions.