Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE OR ORDERING THROUGH THIS WEBSITE. The use of the www.fusionbrands.com website (the “Website”) and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website (collectively, the “Terms and Conditions”). By using or accessing this Website in any manner you signify your acknowledgment and agreement to the Terms and Conditions. Fusionbrands, LLC (“FB,” “we” or “us”) can revise the Terms and Conditions at any time by updating them on the Website, and your use after such change signifies your acceptance of the changed terms. Please visit this page periodically to review the terms of your use.

Proprietary Rights

The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively “Content”) are subject to copyright, trademark or other proprietary rights or licenses held by FB or its parent or affiliates or by third parties who have licensed their right to us. All Content is copyrighted as a collective work under the U.S. and international copyright laws.

All trademarks as well as other brand names, trade names, trade dress and logos on this Website, are the properties of their respective owners. You may not use, reproduce or copy such trade indicia in any manner without the prior consent of the owner. All registered trademarks are registered in the United States of America and/or other applicable jurisdictions. A partial list of the trademarks of FB is as follows: Fusionbrands® and the FB logo.

Use Restrictions

Unless you are an authorized FB representative, you may access and view the Content appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for such purposes, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way, and (c) do not distribute, modify, transmit, reuse, repost or use the Content for public or commercial purposes unless you have obtained our prior written permission. The foregoing license does not permit (i) any resale or commercial use of this Website or its Content; (ii) any collection or reuse of any product listings, descriptions, or prices, including incorporation of such information into a database used for comparison or commercial purposes; (iii) any derivative use of this Website or its Contents; or (iv) any downloading or copying of Content for the benefit of another merchant, including through the use of data mining, robots, or similar data gathering and extraction tools. FB reserves complete title and full intellectual property rights in any Content that you download from this Website.

Submissions

FB does not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them. If you have any ideas, concepts, know-how or techniques, please contact FB first before submitting them. Anything you disclose or submit to us by or through this Website (“Disclosures”), including remarks, suggestions, ideas, messages, e-mails or postings on interactive portions of this Website, shall be and remain the exclusive property of FB. Therefore, FB discourages you from submitting anything that you do not wish to assign to FB including confidential information or any original creative materials such as product ideas or original works. Any Disclosure you make is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. FB is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information. By uploading or otherwise providing any Disclosure to this Website or FB, you hereby grant FB, to the extent you retain any rights, the unlimited, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Disclosures throughout the world in any media without compensation, and you warrant that all “moral rights” in uploaded materials have been waived.

Interactive Areas and Code of Acceptable Conduct

FB does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this Website, including any such information provided in reviews, comments forums, or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this Website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
You will not upload viruses or harmful components.
You will not use the Website to further any illegal purpose or to violate the rights of any party.
You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Any materials or content you post on this Website in connection with interactive areas, including in reviews and comment forums, shall be considered a Disclosure owned by FB. You also grant FB and its designees the right in our discretion to use the name that you submit in connection with such Disclosures. For any Disclosure that you post on interactive areas of this Website, you represent and warrant (i) that you own or otherwise control all of the rights to the Disclosure; (ii) that the content is accurate; and (iii) that use of the Disclosure does not violate these Terms and Conditions and will not cause injury to any person or entity. You hereby agree to defend, indemnify and hold FB and its affiliates harmless for all claims resulting from Disclosures you post to this Website. THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

Terms of Sale

Your purchase of products from this Website is subject to our Terms of Sale which set forth terms applicable to the order, delivery and return of products offered through this Website (such Terms of Sale are hereby incorporated into the Terms and Conditions). If you do not agree to the Terms of Sale, please do not order products from this Website. Products offered through this Website shall be subject to the Return Policy set forth in the Terms of Sale and shall be warranted, if at all, through the written warranty provided in connection with such product. ANY APPLICABLE WRITTEN LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF SUCH WRITTEN LIMITED WARRANTY.

All prices quoted on our Website are in U.S. dollars and are valid only in the United States. FB reserves the right to refuse or cancel orders for products for any reason, including orders for products listed at an incorrect price, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, FB shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you should contact FB.

Disclaimers

FB does not represent or warrant that this Website will be accessible without interruption or that this Website is free from errors defects, design flaws or omissions or from viruses or other harmful components. The pages on this Website may contain technical inaccuracies, outdated information and typographical errors. EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY FB, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS.” FB DOES NOT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD FB HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. THE FOREGOING PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW FB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF FB OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR, IF APPLICABLE, IN PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE.

THIS LIMITATION OF LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

Modification of Content

FB attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth above, FB does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. FB reserve the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.

Links to Third Party Websites

This Website may contain links to other sites that are neither owned nor operated by FB (although some such sites may have an affiliation with FB). Such links are provided for your convenience only. FB makes no representations whatsoever about any linked sites which you access through this Website, as FB has no control over the content appearing on such third party links, and FB shall not be responsible or liable for the contents, accuracy or reliability of any such linked websites. Moreover, a link to a third party site does not signify and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such third party site.

Jurisdiction and Choice of Law

Unless otherwise stated, materials and content on this Website are presented solely for promoting products and services in the United States of America. Information published on this Website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this Website are legal, available or appropriate in your country or region. Any claim relating to the Terms and Conditions or the use of this Website and the Content will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law.

Disputes

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms and Conditions, FB’s Privacy Policy, this Website, or any products or services sold or distributed by or through this Website, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration pursuant to the Federal Arbitration Act and federal arbitration law, except that you may assert claims in small claims court if your claims qualify. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association. To the fullest extent permitted by law we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Severability

If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.

Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from this Website. Despite any representations concerning privacy, FB reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this Website may include additional or different terms relating to the use of personal information collected from such areas or pages.

General

The Terms and Conditions represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. FB reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights FB may have. FB will assist law-enforcement officials investigating illegal activity or violations of these Terms and Conditions.

Specific areas or pages of this Website may include additional or different terms relating to the use of this Website or the rights or obligations of you or Company. In the event of a conflict between such terms and these terms, such specific terms shall control.