TERMS OF USE

PLEASE READ THESE TERMS OF USE AND GUIDELINES CAREFULLY.  BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE.  

The site visitorís access and use of the Site is subject to the following terms and conditions ("Terms") exclusively and all applicable laws.  The Terms do not alter in any way the terms or conditions in any other form.  It is the site visitorís responsibility to check all applicable laws concerning use, ownership & possession of any product offered by Fusion Gear.  Please consult local law enforcement if there is any question or doubt as to the legality of a product.  

Should you have any questions or comments, please feel free to contact us via e-mail: info(at)usiongear.com.au.



AGE
The Site is not targeted towards, nor intended for use by, anyone under the age of 18.  By using the Site, site visitor represents and warrants that you are 18 years of age or older.  It is the site visitorís responsibility to check all local laws concerning the ownership, use and possession of any item carried on the website.

By accessing and browsing the Site, the site visitor accepts, without limitation or qualification, the Terms and acknowledge that any other agreement between site visitor and Fusion Gear are superseded and of no force or effect.  If site visitor is using the Site on behalf of any entity, site visitor represents and warrants that you are authorized to accept the Terms on such entity's behalf and that such entity agrees to indemnify you and Fusion Gear for its violations of the Terms.

COPYRIGHT AND TRADEMARK
"Fusion Gear", product or service names, logos or slogans that may appear on this Site are trademarks or registered trademarks of the Site Owner and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fusion Gear or the applicable trademark holder.

Unless otherwise specified in the Site, the Site and all content and materials on the Site, including but not limited to logos and designs, text, graphics, pictures, information, data, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of Fusion Gear, suppliers or brand owners who are protected by international copyright laws.  

The site visitor should not be used any of the aforementioned without the written permission of Fusion Gear.  Fusion Gear neither warrants nor represents that site visitorís use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Fusion Gear.

Images of people or places displayed in the Site are either property of, or used with permission by the Fusion Gear.  The use of these images by site visitor, or anyone else unauthorized by Fusion Gear, is prohibited unless specifically permitted by the Terms or specific permission provided elsewhere in the Site.  Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Fusion Gear or such third party that may own the trademarks displayed on the Site.

The site visitorís misuse of the trademarks displayed on the Site, or any other content of the Site, except as provided in the Terms, is strictly prohibited.  The site visitor is also advised that the Fusion Gear will aggressively enforce its intellectual property right to the fullest extent of the law, including the seeking of criminal prosecution.  For instance, when registering for an account, the site visitor cannot create a screen name that incorporates a trademark without authorization from the trademark owner.  Fusion Gear reserves the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.  

While Fusion Gear uses reasonable efforts to include accurate and up-to-date information on the Site, Fusion Gear neither warrants nor represents that site visitorís use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Fusion Gear.

SOCIAL NETWORK
The Site may include interactive areas, e.g. forums, blogs and social networks in which the site visitor creates posts or transmits any content including but not limited to photos, graphics or code on the Site. These contents are publicly-viewable and may include the site visitorís profile information and opinions.  It is deemed to agree that the site visitor is solely responsible for the content and for the uses of such social network/areas, and at site visitorís own risk.

By using any related social network/areas of Fusion Gear, site visitor agrees not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following but not limited to.
-    Unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
-    Constitute, encourage a criminal offense and/or discrimination, violate the rights of any party or that would otherwise create liability or violate any state, federal or international law;
-    Describes or encourages any product Fusion Gear sells in a manner that could be offensive, inappropriate or harmful to Fusion Gear or any consumer or that is contrary to any instructions or warnings relating to the product;
-    Infringe any patent, trademark, copyright or other intellectual or proprietary right of any party;

Fusion Gear takes no responsibility and assumes no liability for any content posted, or uploaded by site visitor or any entity and/or party represented on behalf.  The Terms do not create any privileged right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by such Terms.  Although Fusion Gear has no obligation to screen or monitor any of the content posted, Fusion Gear reserves the right, and has absolute discretion, to remove, screen or edit any content posted on the social network/areas at any time and for any reason without notice.

LINKS
The Fusion Gear would not review all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site.  Linking to any other off-site pages or other sites is at the site visitorís own risk.  Fusion Gear may also contain links to other sites, yet Fusion Gear is not responsible for the privacy practices, the content and/or security from these web sites.

TERMS UPDATING
Fusion Gear reserves the right to change or modify the Terms or any policy or guidelines on the Site at any time and in its sole discretion.  Any changes or modifications will be effective immediately upon posting and the site visitors waive any right may have to receive update notice of such changes or modifications.  As such, site visitors are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which the site visitor is bound.  

ERRORS
Fusion Gear attempts to be as accurate as possible and eliminates errors on the Site; however, Fusion Gear does not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free.  In the event of error, invalid, void, unlawful or unenforceable information for any reason, the information will be severed from the Terms and it will not affect the validity and enforceability of the remains.  Fusion Gear reserves the right to correct such error appears on order and revise the Buyerís order accordingly if necessary or to cancel the order and refund any amount charged/prepaid.  The Buyerís sole remedy in the event of such error is to cancel the order and obtain a refund.

GOVERNANCE
The Site may be accessed by visitors outside Australia.  Fusion Gear makes no representation that the content of the Site complies with the laws outside Australia.   The Terms are governed by and construed in accordance with the laws of South Australia, applicable to agreements made and to be entirely performed within the South Australia, without resort to its conflict of law provisions.  Site visitor agrees that any action at law or in equity arising out of or relating to these Terms shall be filed only in the State located in Adelaide, South Australia and hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms.

LIMITATION OF LIABILITY
Fusion Gear is liable for any special or consequential damages that arise out of or in result of the use of, or the inability to use, the materials on this site or the performance of the products including without limitation any damages caused result from mistakes, omissions and interruptions, even if Fusion Gear may have advised of the possibility of such damages.  Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so some of limitations of liability or exclusion may not apply to you.

DISCLAIMER
The site visitorís use and browsing of the Site is at own risk.  The information contained in the Site is provided in good faith on an ďas-isĒ basis.  Neither Fusion Gear nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the Site.  Without limiting the foregoing, everything on the Site is provide to the site visitor "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  Fusion Gear also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, site visitorís computer equipment or other property on account of site visitorís access to, use of, or browsing in the Site or downloading of any materials, data, text, images, video or audio from the Site.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to site visitor. Check local laws for any restrictions or limitations regarding the exclusion of implied warranties.
















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