Terms and Conditions

03-December-2024

|Fusion Cyber

I. Introduction and Eligibility

Introduction

The FUSION CYBER LEARNING EXPERIENCE Service (FCLX) is provided by Fusion Cyber Inc., a Delaware Corporation. As part of the FCLX, you will be using websites, software, instructors, and materials provided by Fusion Cyber Inc. or any of its partners. Your use of these resources is subject to the following Terms of Use (“Terms”), including the FCLX’s Privacy Policy (“Privacy Policy”), which is incorporated by reference into these Terms.

In addition to these Terms of Use and Privacy Policy, you agree to follow Fusion Cyber’s institutional policies, general conduct code, and student conduct code, including its prohibitions against certain conduct occurring on or in property owned, controlled, or operated by Fusion Cyber Inc.

Furthermore, by providing Fusion Cyber with your phone number through an ad, form, or any other means, you are opting in to receive [marketing and/or transactional] SMS messages from Fusion Cyber.

Reply STOP to unsubscribe.
Reply HELP for help.
Message frequency varies.
Msg & data rates may apply.

Please read these Terms and the Privacy Policy carefully before using the FCLX. These Terms constitute a binding agreement between you, Fusion Cyber Inc., and its affiliates and subsidiaries (“we” or “us”).

Note: No institution of Higher Education is a Fusion Cyber Inc. affiliate or subsidiary.

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in The FCLX Terms. “Users” shall mean all visitors to the FCLX. You accept these Terms by accessing the FCLX. If you do not accept these Terms, you must not use the FCLX. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the FCLX.

Revisions to Terms

We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of The FCLX after a change to these Terms constitutes your binding acceptance of the updated Terms.

Children

No part of The FCLX is directed to persons under the age of 13.

II. The FCLX

a. Definition of The FCLX

“The FCLX” refers to the website located at https://www.fusioncyberdev.wpengine.com/fclx and any associated software, applications, and Internet services under Fusion Cyber Inc.’s control, whether partial or otherwise. It is used in connection with the services provided by Fusion Cyber Inc.

The FCLX provides an online platform enabling you to view information about classes, courses, workshops, and other educational programs and events offered by institutional and organizational partners in collaboration with Fusion Cyber Inc. (each a “Program”, collectively, “Programs”).

Together with our members, thought leaders, and seasoned practitioners (“Instructors”), participants have access to a robust curriculum focused on developing high-demand skills. The FCLX also allows users to engage in discussions and communications with other users and Instructors.

b. Sign Up for Programs

You may sign up for a Program using the FCLX. However, we cannot promise the availability of the Program.

c. Cancellation and No-Show Policies

We determine rescheduling and cancellation policies and apply them at our discretion. For questions regarding rescheduling or cancellations, contact us directly, not the Instructors.

d. Chat Room Service

The FCLX may allow you to engage in online chat sessions with other users, including Instructors. Exercise caution and good judgment when submitting messages to be posted in a chat room.

The terms “post” and “posting” mean submitting, uploading, publishing, or displaying content on the FCLX.

Think twice before posting anything. Once posted online, content may persist indefinitely and could impact your credibility or reputation in the future.

You are responsible for any content you post and assume all liability arising from it. Fusion Cyber Inc. makes no warranties about the confidentiality of posts you make through the FCLX.

e. Information You Provide to Instructors

Instructors may request information, such as your email address, to facilitate Program delivery. Instructors are required to use this information professionally and only for communicating about Program materials and career-related assistance.

f. Use of Third-Party Software

We use third-party software, applications, and services to help provide the FCLX. However, this does not imply endorsement or responsibility for their actions.

g. Third-Party Services

The FCLX may include links to third-party websites or applications. Using these links means you will leave the FCLX.

Some third-party websites or applications may use FCLX content under license. However, Fusion Cyber Inc. is not responsible for third-party websites, whether or not affiliated with The FCLX.

We do not endorse the sponsors, products, or services of such third-party websites. You agree that Fusion Cyber Inc. is not liable for any loss or damage incurred through dealings on or via third-party websites. Check the privacy policy and terms of use of any third-party service you use.

h. Social Sign-On

The FCLX may allow registration and login using social networks (e.g., Facebook, LinkedIn). You agree to abide by the terms and conditions of those social networks.

i. Featuring a Program or Instructor

We may recommend Programs as part of curated collections. However, Fusion Cyber Inc. makes no guarantees about the quality or nature of the Programs or Instructors, nor the outcomes you may achieve.

j. Featuring Your Work

We may promote Programs using work you completed as part of a Program (“Participant Work”). You grant Fusion Cyber Inc. a nonexclusive license to use your name alongside your Participant Work in any media as part of our promotional efforts.

Our use will be limited to promoting the Programs, and we will always attribute your work to you.

III. Financial Matters

a. Programs

You must pay a fee to attend a Program. Fees may be revised periodically and may vary by region and topic.

b. Payment for Purchases

You agree to pay for all products and services purchased through the FCLX. We may charge your selected payment method, either directly or through a third-party payment processor. Only payment methods accepted by our third-party processor or service provider can be used.

c. Third-Party Payment Processors

Fusion Cyber Inc. currently utilizes third-party payment processors for electronic commerce. These processors accept payments through various methods detailed on the payment screen, such as credit cards and PayPal.

d. Availability of Payment Methods

Fusion Cyber Inc. makes no guarantees about the continued availability of any specific payment method for use with the FCLX.

e. Pre-Authorization

When you provide a credit card for payments related to the FCLX, our third-party processor may pre-authorize your credit card to ensure validity and verify sufficient funds or credit availability.

Note: Pre-authorizations reduce your available balance until released or reconciled with the actual charge. Contact your card issuer for details.

f. Timing of Charges

Charges are processed within a reasonable time after a transaction, and multiple charges within the same period may be aggregated.

g. Disputed Charges

Disputes regarding charges must be submitted in writing to Fusion Cyber Inc. within 30 days of receiving notice of the charge. After 30 days, disputes are waived, and the charge is final.

To dispute a charge, email us at accounting@fusioncyber.co.

h. Refunds

Refunds are at Fusion Cyber Inc.'s discretion and follow this policy:

Refunds are available during the first calendar week of a Program.
No refunds are granted thereafter.
Refund policies may change, but the policy in effect at the time of the transaction will apply.

To request a refund, call us at 1.888.292.8748 and speak to a finance representative.

i. Taxes

The term “Taxes” includes sales, use, value-added, or transaction taxes, as well as other government-imposed fees.

You are responsible for paying applicable taxes arising from transactions on the FCLX. Fusion Cyber Inc. is not responsible for collecting, reporting, or remitting taxes unless required by law.

j. Currency

All transactions must be settled in U.S. dollars. Depending on your location, additional currency conversion fees and exchange rate changes may apply.

k. Fees Charged by Third-Party Processors

The FCLX relies on third-party processors for payments. Use of these services is subject to their terms and conditions, and they may charge fees.

Fusion Cyber Inc. disclaims liability for fees or issues arising from third-party payment processors.

IV. Academic Performance

Students in programs offered by Fusion Cyber Inc. are assessed on their knowledge, performance, and professional dispositions.

The Involuntary Student Delay/Withdrawal Process applies to students showing deficiencies in any of the following areas:
- Knowledge
- Performance
- Professional dispositions in coursework or fieldwork

Fusion Cyber Inc. reserves the right to Involuntarily Withdraw students for non-performance.

V. Account Creation and Use

a. Your Account

To access certain parts of the FCLX, you must create an account. By doing so, you represent and warrant that:

The information you provide during registration and thereafter is true, accurate, current, and complete.
You will keep your account information accurate and up-to-date at all times.

b. Your Log-In Credentials

You are responsible for maintaining the confidentiality of your log-in credentials and for all activities conducted under your credentials.

If you suspect that the confidentiality of your credentials has been compromised or notice unauthorized use of your account, you must:

Notify us immediately.

Important: Fusion Cyber Inc. is not liable for any loss or damage caused by unauthorized use of your log-in credentials.

c. Electronic Notices

By using the FCLX or providing your Personal Information (as defined in our Privacy Policy), you consent to receive electronic communications regarding:

Security
Privacy
Administrative issues related to your use of the FCLX

In case of a security breach, we may notify you electronically via:

A notice on the FCLX, or
An email to your registered email address.

If you wish to receive written notice instead of electronic notifications (or withdraw your consent to receive electronic notices), contact us at:

legal@fusioncyber.co

VI. Content; License; Ownership and Use

a. The FCLX Content

The contents of The FCLX include:

Designs, text, graphics, images, videos, information, logos, button icons, software, audio files, computer code, and Program materials.
All content licensed or created by Fusion Cyber Inc., its employees, agents, or contractors, or content obtained by Fusion Cyber Inc. (collectively referred to as "The FCLX Content").

All FCLX Content, along with its compilation (collection, arrangement, and assembly), is the property of The FCLX or its licensors and is protected by copyright, trademark, and other laws.

b. License to You

Fusion Cyber Inc. authorizes you to:

Access and use The FCLX and its content solely for your individual use in connection with a program.

Note: Any other use is strictly prohibited. This license can be revoked at any time, without notice or cause.

You must preserve all copyright, trademark, and proprietary notices in the original content on any copies you make.

Unauthorized use of The FCLX Content may violate copyright, trademark, and communication laws.

c. Restrictions on Use

Unless expressly permitted:

No copying, reproducing, republishing, uploading, posting, transmitting, or distributing of FCLX Content is allowed without prior written permission from the copyright owner.
Content explicitly made available for download (e.g., unprotected PDFs for registered participants) can be downloaded as a single copy for your personal use.

Example: Program materials provided as unprotected PDFs may be downloaded, but materials not designated for download must not be copied or redistributed.

Prohibited Activities:

Modifying downloaded content for commercial purposes without prior written authorization is prohibited.
Redistributing authorized materials, even if downloaded legally, without prior permission is also prohibited.

Exception:

Program participants may use Program materials for developing a business, venture, or idea they are involved in as a founder or employee, provided no additional reproductions are made (electronically or in hard copy).

d. Additional Licenses

Certain downloadable materials may come with additional or different license terms.

Such terms will be clearly identified before download.
By downloading these materials, you agree to comply with the specified terms.

e. No Implied Rights

No implied licenses are granted under these Terms.

f. Fusion Cyber Inc. Marks

The following are trademarks of Fusion Cyber Inc. (referred to as "The FCLX Marks"):

The FCLX
The FCLX logo
Other FCLX product and service names

You agree not to display or use The FCLX Marks in any way without prior written permission, except where enabled by authorized links provided by Fusion Cyber Inc.

VII. Intellectual Property Rights and Our License to Use

a. Fusion Cyber Inc. Claims No Ownership

The FCLX allows you to create, post, or share content, including:

Messages in chat rooms
Participant Work
Your User Content

You or a third-party licensor retain all intellectual property rights to Your User Content. It is your responsibility to protect these rights.

b. Fusion Cyber Inc.’s Use of Your User Content

When you create, post, or share Your User Content (excluding Participant Work) on or through the FCLX, and subject to Fusion Cyber Inc.’s Privacy Policy:

You grant Fusion Cyber Inc. a perpetual, transferable, worldwide, non-exclusive, royalty-free license to:
- Use
- Modify
- Remove
- Publish
- Transmit
- Display

This license is solely for the purpose of providing the FCLX.

Note:

Fusion Cyber Inc. reserves the right to refuse, accept, post, display, or transmit any of Your User Content or other User Content at its sole discretion.

c. No Ownership of Others’ Content

By using the FCLX, you acknowledge that:

You will not gain any rights, titles, or interests (including intellectual property rights) in content created or delivered by other students through the FCLX.

d. Rights to Content You Post

You represent and warrant that:

Ownership: You own the content you post on or through the FCLX or have the necessary rights to grant the license outlined in these Terms.
Compliance: Your User Content does not violate:
- Privacy rights
- Publicity rights
- Copyrights
- Contract rights
- Intellectual property rights
- Any other rights of any person.
No Breach of Contract: Posting your content does not breach any contracts you have with third parties.
Payment of Monies: You agree to pay any monies owed to third parties as a result of posting Your User Content on the FCLX.

e. Restrictions on Content Use

The FCLX contains content from:

Users
Fusion Cyber Inc.
Fusion Cyber Inc.’s licensors

Unless expressly permitted by these Terms, you may not:

Copy
Modify
Translate
Publish
Broadcast
Transmit
Distribute
Perform
Display
Sell

any content appearing on or through the FCLX.

VIII. Copyright Policy

a. Reporting Copyright Violations

If you believe a user has violated your copyright on the FCLX, or if you think someone has incorrectly reported that you violated their copyright, let us know.

b. Digital Millennium Copyright Act (DMCA) Notices

The DMCA provides legal recourse for copyright owners whose rights have been infringed online.

If You Believe Your Copyright Is Infringed:

Send Fusion Cyber Inc. a "Notification of Claimed Infringement" to request the removal or blocking of the infringing material.

Your notification must include:

Signature: A physical or electronic signature of the copyright owner or an authorized representative.
Identification of Copyrighted Work: Specify the copyrighted work(s) allegedly infringed. If multiple works are covered, include a representative list.
Identification of Infringing Material: Details of the specific material and its location on the FCLX.
Contact Information: Your name, address, telephone number, and email (if available).
Good Faith Statement: A statement affirming your good faith belief that the use of the material is unauthorized.
Accuracy Statement: A statement that the information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If You Are Wrongly Accused:

You may send a counter-notice under the DMCA.

Important: Notices and counter-notices must comply with the DMCA’s statutory requirements. Consult your legal advisor before filing. Penalties exist for false claims.

Submit notices to legal@fusioncyber.co.
For more details, visit: http://www.loc.gov/copyright/.

c. Suggestions and Submissions

Fusion Cyber Inc. welcomes your feedback and ideas regarding the FCLX. However:

We will own all rights (known or later discovered) to your submitted ideas.
We are not obligated to keep your ideas confidential.
We may use your ideas for any purpose, without compensation to you.

d. User Content Disclaimers, Limitations, and Prohibitions

You are responsible for your actions and reliance on content on the FCLX.

Disclaimers:

Fusion Cyber Inc. does not guarantee the truth, accuracy, or reliability of user content.
Use user content at your own risk.

Responsibility for Your Content:

You are solely responsible for your content. You may face liability if your content:

Is false, misleading, or defamatory.
Violates third-party rights or laws.

e. Prohibited Uses of the FCLX

You agree to use the FCLX only for its intended purposes and comply with all applicable laws. Prohibited uses include:

Attempting to interfere with or gain unauthorized access to the FCLX.
Framing or linking to the FCLX without permission.
Using data mining or scraping tools on the FCLX.
Posting false or misleading information, impersonating others, or misrepresenting affiliations.
Harassing or posting objectionable material.
Disclosing personal information without consent.
Selling or transferring your FCLX usage rights.
Posting unauthorized advertising or marketing links.
Using the FCLX after account termination.
Engaging in illegal activities related to the FCLX.

f. Consequences of Violations

Fusion Cyber Inc. reserves the right to suspend or terminate your account for any violation of these Terms.
User Content may be reviewed and removed if it:
- Violates these Terms or applicable laws.
- Is abusive, offensive, or harmful.
You are responsible for any claims, fees, fines, or liabilities arising from your breach of these Terms.

IX. Liability

a. Changes to the FCLX

We reserve the right to change, suspend, or discontinue any aspect of The FCLX at any time, including:

Hours of operation.
Availability of The FCLX or its features.

These changes may occur without prior notice or liability to users.

b. User Disputes

We are not responsible for disputes or disagreements between you and any third party you interact with using The FCLX.
Your Responsibility:
- Assume all risks when dealing with third parties.
- Resolve disputes directly with the other party.
- Release The FCLX from all claims, demands, and damages in disputes among users.

Note: Use caution and common sense when interacting with others through The FCLX.

c. Content Accuracy

We do not guarantee the accuracy, reliability, completeness, or timeliness of the content on The FCLX.
Similarly, we do not guarantee the accuracy, reliability, or completeness of third-party data or the quality of third-party products/services accessed through The FCLX.

Disclaimer: Use The FCLX at your own risk.

d. Third-Party Websites

The FCLX may include links to third-party websites or applications.
Your Responsibility:
- Evaluate whether you wish to access or use these third-party platforms.
- Understand that we do not endorse their features, content, advertising, products, or materials.

Disclaimer: You assume all risks associated with third-party platforms, and we disclaim all liability for your use of them.

X. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) Your use of The FCLX is at your sole risk. The FCLX is provided on an “as is” and “as available” basis. The Released Parties (defined below) expressly disclaim all warranties of any kind, whether express or implied, including but not limited to:
- Warranties related to products or services offered by businesses listed on The FCLX.
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(B) The Released Parties make no warranty that:
1. The FCLX will meet your requirements.
2. The FCLX will be uninterrupted, timely, secure, or error-free.
3. Results obtained from The FCLX will be accurate or reliable.
4. The quality of goods or services available on The FCLX will meet your expectations.
5. Errors in The FCLX will be corrected.
(C) Any material downloaded or obtained through The FCLX is accessed at your own discretion and risk. You are solely responsible for any damage to your device or loss of data caused by such material.

Released Parties Defined

"Released Parties" include Fusion Cyber Inc., its affiliates, officers, directors, managers, owners, members, employees, agents, service providers, partners, instructors, and licensors.

XI. Limitation of Liability and Indemnification

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

The Released Parties are not liable for indirect, incidental, special, consequential, or exemplary damages, including but not limited to:
- Loss of profits, goodwill, use, data, or other intangible losses.
These limitations apply even if the Released Parties have been advised of the possibility of such damages.

Scenarios of Limitation

These limitations cover damages resulting from:

The inability to use The FCLX.
Costs related to procuring substitute goods or services.
Unauthorized access to or alteration of your transmissions or data.
Statements or conduct by any user or third party on The FCLX.
Your reliance on content provided by The FCLX.

Note: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some limitations may not apply to you.

Maximum Liability

To the fullest extent permitted by law, the Released Parties' maximum liability is limited to the cost of the course or program related to your claim.

Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties against claims, actions, or demands, including reasonable legal fees, arising from:

Your improper use of third-party content.
Your improper use of The FCLX Content.
Your breach of these Terms.

XII. General Terms

a. Entire Agreement

These Terms represent the entire agreement between you and Fusion Cyber Inc. regarding your use of The FCLX.

Failure to enforce any provision does not constitute a waiver.
If any provision is found invalid, the remainder of the Terms will still apply.

b. Arbitration, Class Waiver, and Waiver of Jury Trial

All disputes must be resolved in the District of Columbia.
Disputes will be resolved via arbitration (no class actions or jury trials).

c. Governing Law

These Terms are governed by the laws of the state of Virginia, without regard to conflict of law principles. Disputes will be arbitrated under the rules of the American Arbitration Association in Washington, DC.

d. Acknowledgements

By agreeing to these Terms, you acknowledge that:

You waive your right to a jury trial.
You waive your right to participate in class actions.
You must file any claims within one (1) year of completing or terminating your participation in The FCLX, or your claim will be barred.

XIII. Contact Information

The FCLX by Fusion Cyber Inc.

Dated: December 5th, 2024

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