Terms and Conditions of Use (TCUS)
Here are the rules for using Fusion Hardwares.com, where you can find products and services like directories, listings, and links to other sites.
When you use the Site, you’re agreeing to follow these Terms and Conditions of Use (the “TCUS”). That means sticking to our Privacy Policy and any other guidelines we might add. If you don’t like these rules, don’t use the Site.
Fusion Hardwares (the “Company”) might change the TCUS now and then. It’s up to you to check this page for updates. If you keep using the Site after we make changes, it means you’re okay with the new rules.
If you’re 13 or younger, you can’t share any personal info about yourself on the Site. This place isn’t meant for kids who are 13 or younger.
Remember, it’s important to stay safe online and follow the rules of the websites you visit. If you have any questions about how to use the Site, you can always ask an adult for help.
Site Access Rights and License
Fusion Hardwares (the “Company”) grants you a non-exclusive right and license to browse and access the Site for personal, non-commercial purposes. However, this permission doesn’t cover buying items for yourself or reselling them through the Site. There are also things you’re not allowed to do with this permission:
- any resale of the Site or its contents;
- any collection and use of any product data listings, titles, descriptions, or prices other than as expressly authorized herein;
- any derivative use of the Site or its Contents;
- any use of data mining, robots, or similar data gathering and extraction tools.
The entire website, including its functions, user interface, and contents, is protected by international and US copyright laws as well as treaties. Without the company’s express prior consent, no part of the site may be replicated, copied, sold, resold, maliciously visited, or used in any other way for unapproved commercial purposes.
The license and rights granted by the Company will be immediately terminated for any unlawful use of the Site, and you may be prosecuted in civil or criminal court.
As long as the link does not portray the Site, the Company, its affiliates, subsidiaries, Licensors, co-brand partners, and other partners, or its respective products and services in a false, misleading, disparaging, or otherwise offensive or damaging manner, you are granted a limited, revocable, and non-exclusive right to create hyperlinks to any page of the Site.
Without first receiving the express written consent of the Company, the subsidiary, affiliate, co-brand partner, or other partner or Licensor, you are not permitted to use any Fusion Hardwares Licensor, affiliate, subsidiary, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the website.
Product Listings and Content
Fusion Hardwares makes a great effort to ensure that all item descriptions, images, compatibility information, names, costs, links, and other product features on the website are accurate. However, we make no guarantees as to the accuracy, dependability, completeness, timeliness, or error-free nature of any product titles, descriptions, pricing, comments, or any other content on the Site, regardless of the source.
Only informational, the content on the Site does not imply that the Company supports any particular good or service, manufacturer, distributor, or other organization. The Company disclaims all liability for any errors, inaccuracies, or missing information in the product’s title, description, details, pricing, or content. The Company reserves the right to reject or cancel any order for any product or service listed on the Site if an error of any sort results in incorrect information or pricing. The incorrect information will also be promptly corrected or removed.
Links To Other Sites and Other Businesses
The Site provides links to other manufacturer websites, partner sites, connected companies, blog sites, product review sites, and other sources to help consumers make purchasing decisions. The Company makes no representations whatsoever about the content of the third-party sites or the business practices of such (hyperlinked) other firms, entities, or individuals; these links are purely informational.
The Company does not, in any manner, guarantee or take responsibility for the goods, services, offerings, or business methods of any of these business entities, individuals, or the content on their website(s). The Company also takes no responsibility for investigating or assessing such content or businesses. You must go over their privacy and terms of service.
The Company possesses no control over the businesses or their business practices. We do not control the quality, safety, or legality of items listed on the hyperlinked websites nor do we control any business transactions on these hyperlinked websites.
IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND ANY HYPERLINKED WEBSITE THROUGH FUSION HARDWARES.COM (THE “SITE”), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HOLD HARMLESS AND RELEASE FUSION HARDWARES, INC (THE “COMPANY”), ITS AFFILIATES, ITS SUBSIDIARIES, PARTNERS, OR OTHER THIRD PARTIES UNDER CONTRACT WITH THE COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM ALL CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTE.
Trademarks
The Fusion Hardwares internet site’s trademarks, service marks, logos, and images (collectively, the “Trademarks”) are registered trademarks of Fusion Hardwares, Inc. The terms and conditions outlined in the Terms and Conditions of Use Statement (TCUS) must be followed when using or connecting to any Fusion Hardware trademarks or website.
It is prohibited to buy Fusion Hardware’s name, trademark, or linguistic structure, to make any variations of it, or to buy keywords that would drive customers to other companies.
Order Acknowledgement
Any correspondence you get from the Site acknowledging your order is merely a record of your offer to buy a specific item at a specific price; it is not a contract and does not signify an acceptance of your order.
Fusion Hardwares will decide whether or not to fill your order once you place it. Fusion Hardwares reserves the right to reject or restrict the order for any reason that it does not always reveal.
You agree to abide by all Terms and Conditions (TCUS) posted on the Site, including the Terms and Conditions of Sale of Fusion Hardware, by placing an order. For any reason, including but not limited to credit review, product unavailability, or mistakes in prices and product descriptions presented on the Site, Fusion Hardwares retains the right to accept, refuse, or limit your order.
By submitting your order, you acknowledge and agree that Fusion Hardwares’ entire liability will be capped at the amount you paid for the product, regardless of the legal theory or claim. Costs associated with shipping and handling are never refundable and are not covered by Fusion Hardwares’ responsibility.
Prices
The website quotes all pricing in US dollars. All prices do not include freight and handling charges, taxes, tariffs, or the cost of clearing customs or forwarding orders to other countries. Everything that is sold to customers in California is subject to sales tax. Please supply us with a current certificate of resale tax exemption if you are a reseller in Texas. It is necessary to provide this paperwork to avoid paying California sales tax. Any tax exemptions you might be qualified for are nullified if you are unable to do this.
Delivery Issues
Unless otherwise specified, all product shipments will be made in FOB Fusion Hardware’s warehouse.
In the case that improper management of shipment causes damage, delay, or loss, consumers will have to deal directly with the common freight carrier.
At the time of order placing, customers have the option to send the company special shipping instructions. In the absence of explicit instructions, the business will choose the most cost-effective shipping option to guarantee the consumer receives their order as soon as feasible. Fusion Hardwares shall not be responsible for any delay, damage, or problems arising from freight. Fusion Hardwares shall store all ordered products at the client’s risk and expense if the customer causes a shipment delay (in any manner).
Risk Of Loss
Any risk of loss or damage to products will be passed to the customer, customer’s agent, and/or freight carrier in the case of a FOB shipping arrangement.
Jurisdiction and Venue
If legal action is required to interpret or enforce the terms of this Agreement, jurisdiction and venue shall be in the District Courts of Harris County, Texas, and/or in the United States District Court for the Southern District of Texas, Houston Division, or elsewhere upon mutual agreement of all parties.
Governing Law
All questions concerning the interpretation of this Agreement and the rights and obligations of the parties herein shall be governed by the laws of the State of Texas, without regard to its conflict of law principles.
Attorney’s Fees
In the event of a dispute, default, or other legal action, arbitration, or other proceedings about this Agreement, the parties’ rights thereunder, or any related agreement, or arising from an alleged breach, default, or legal action, the successful or prevailing party will be entitled to reimbursement for its reasonable legal fees and expenses as well as any costs incurred in connection with any enforcement proceedings.
Dropship Requests for Products by Customers
If a customer requests Fusion Hardwares to ship a product to a third party, both the customer and the final recipient third party will be bound by the terms of this Agreement.
Conflicting Terms
All orders accepted by Fusion Hardwares shall be subjected to the TCUS. Any terms and conditions presented in the orders placed by a customer, that conflict with the TCUS, will be inapplicable without the written approval of Fusion Hardwares.
Confirmation
Customers’ use of the Site will constitute receipt of the TCUS contained herein. Without prompt written objection thereto or an acceptance of any of the products covered by a customer’s order that is hereby confirmed shall constitute an acceptance of all terms and conditions set forth on the Site.
Purchase Money Security Interest
Upon delivery and acceptance by the customer, as a security for the due and punctual payment of all sums payable thereunder or under any purchase order from the customer to Fusion Hardwares, the customer hereby grants Fusion Hardwares a “Continuing Purchase Money Security Interest” in all products and any proceeds thereof in which the customer now has or thereafter has any right to title or interest.
Customers agree to execute financing statements, amendments thereto, and continuation statements at Fusion Hardwares’ request, and to pay the filing costs of such statements whenever Fusion Hardwares deems fit. They also agree to execute and deliver to Fusion Hardwares all documents and instruments, as well as perform any other actions Fusion Hardwares may reasonably request to fully accomplish the purpose of this Security Interest grant. The Company will have all legal rights and remedies if the Purchaser breaches the terms of the security agreement included herein.
Patents
Fusion Hardwares makes no representation whatsoever regarding any intellectual property rights it may or may not have in any product or service listed for sale on the Site.