Terms and Conditions
I. Introduction and eligibiity
Introduction. The FUSION CYBER LEARNING EXPERIENCE Service (FCLX) is provided by Fusion Cyber Inc., a Delaware Corporation. As a part of the FCLX, you will be using websites, software, instructors, and materials provided by Fusion Cyber Inc. or any of its partners, and your use of those websites, software, instructors, and materials 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 the 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. View our Privacy Policy for more info.
Please read these Terms and 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 that the 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 these Terms. Children. No part of The FCLX is directed to persons under the age of 13.
II. The FCLX
a. The “The FCLX” means the website located at https://www.fusioncyber.co/fclx and any associated software, applications, and Internet services under Fusion Cyber Inc. ’s control, whether partial or otherwise, used in connection with providing the services provided by Fusion Cyber Inc. The FCLX provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by institutional and organizational partners in collaboration with Fusion Cyber Inc. and (each a “Program” and, collectively, “Programs”). Together with our members, thought leaders, and seasoned practitioners (collectively, “Instructors”), participants have access to a robust curriculum focused on skills development in high demand areas. The FCLX will also permit the community of users of The FCLX to engage in discussions and communications with one another and with the Instructors.
b. Sign Up for program. You may sign up for a Program using the FCLX. We cannot promise the availability of the Program.
c. Cancellation and No-Show Policies. We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly, not Instructors, for any rescheduling or cancellation questions.
d. Chat Room Service. You may be able to engage in online chat sessions with other users of the FCLX, including Instructors. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the FCLX. Think – and read twice – before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are responsible for any comments or materials you post in a chat room, and assume all liability arising out of a post. Fusion Cyber Inc. makes no representations and warranties with respect to the confidentiality of any posts you make through the FCLX.
e. Information You Provide to Instructors. Your Instructors may ask for information, such as your email address, from you to help facilitate the provision of the Program. Instructors are required to use this information only to communicate about Program materials and career related assistance in a professional manner.
f. We use third-party software, applications, and services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.
g. Third-Party Services. The FCLX may link to third-party websites or applications to facilitate its provision of services to you. If you use these links, you will leave the FCLX. Some of these third-party websites or applications may use The FCLX Content (defined below) under license from the FCLX. The FCLX is not responsible for these third-party websites or applications, whether or not The FCLX is affiliated with such third-party websites or applications. Through our use, we do not endorse the organizations sponsoring such third-party websites, applications or their products or services. You agree that The FCLX is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website, application or as a result of the presence of any third-party advertising on the FCLX. You should check the privacy policy and terms of use of any third-party website or application that you use or visit as a result of the FCLX.
h. Social Sign-On. The FCLX may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook or LinkedIn. You agree to abide by the social networks’ terms and conditions applicable to you.
i. Featuring a Program or Instructor. We may recommend a Program as part of a collection of Programs. However, as stated more fully elsewhere in these Terms, Fusion Cyber Inc. makes no representations as to the quality or nature of Programs or Instructors shown on The FCLX or any outcome you may achieve as a result of taking a Program or Programs.
j. Featuring Your Work. We may promote our Programs using the work you completed as part of completing a Program (“Participant Work”) and you grant Fusion Cyber Inc. a nonexclusive license to use your name in combination with your Participant Work in any and all media in connection with Fusion Cyber Inc. ’s promotional efforts. Our use will be limited to promoting the Programs. Fusion Cyber Inc. will include your name and attribute your Participant Work to you.
III. Financial Matters
a. Programs. You must pay a fee to attend a Program. The amount of any fees may be revised from time to time and vary from region to region, and topic to topic.
b. You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the FCLX, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor or service provider can be used to purchase products, goods, or services through the FCLX.
c. Third-Party Payment Processors. Fusion Cyber Inc. currently uses third-party payment processors for electronic commerce. Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.
d. Availability of Certain Forms of Payment. Fusion Cyber Inc. makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the FCLX.
e. Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to the FCLX, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
f. Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.
g. Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to Fusion Cyber Inc. within thirty (30) days of receipt of notice of such charge, or your dispute is waived, and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to us at [email protected].
h. Refunds. We reserve the right, but are not obligated, to refund fees paid to us. Our policy for providing refunds, if ever, for any purchases made by you is as follows:
i. Refunds are available in the first calendar week of a Program.
ii. Thereafter, no refunds will be granted.
iii. We may modify our refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy. Please contact us at 1.888.292.8748 and speak to a finance representative to request a refund.
i. Taxes. The term “Taxes” includes sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for paying the appropriate taxes resulting from a transaction occurring through the FCLX. Fusion Cyber Inc. are not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.
j. Currency. The currency required for settling transactions with us will be U.S. dollars. Depending on where you are located, your transaction may be subject to applicable currency conversion-related transaction fees and exchange rate changes.
k. Fees Charged by Third-Party Payment Processors. The FCLX uses third parties to process payments. Use of such third-party payment services is subject to their terms and conditions of use. Those third parties may charge fees to process payments, is not responsible for any fees charged by them. Fusion Cyber Inc. disclaims all liability with regards to any fees or problems you have with third-party payment processors.
IV. Academic Performance
a. Students in programs offered by the Fusion Cyber Inc. or Fusion Cyber are assessed on their knowledge, performance, and professional dispositions. The Involuntary Student Delay/Withdrawal Process shall apply to all students in any program showing deficiencies in the areas of knowledge, performance, or professional dispositions in any program coursework and/or related fieldwork. Fusion Cyber Inc. reserves the right to Involuntarily Withdraw a student due to non-performance.
V. Account Creation and Use
a. Your Account. To use some parts of the FCLX, you must create an account. You represent and warrant that the information you provide to Fusion Cyber Inc. upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept 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 are fully responsible for all activities that occur through the use of your credentials as a result of your failure to maintain their confidentiality. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
c. Electronic Notices. By using The FCLX or providing Personal Information (as defined in our Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the FCLX. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on The FCLX or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected].
VI. Content; License; Ownership and Use
a. The contents of The FCLX include designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, Program materials and other The FCLX content licensed or created by Fusion Cyber Inc. or its employees, agents, or contractors or obtained by Fusion Cyber Inc. (collectively, “The FCLX Content”). All the FCLX Content and the compilation (meaning the collection, arrangement, and assembly) of all The FCLX Content are the property of The FCLX or its licensors and are protected under copyright, trademark, and other laws.
b. License to You. We authorize you, subject to these Terms, to access and use The FCLX and The FCLX Content solely for your individual use in connection with the program. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of The FCLX Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original The FCLX Content on any copy you make of The FCLX Content.
c. No material made available on or through The FCLX may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from the FCLX, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Program materials may be made available as unprotected PDF files that can be downloaded by registered Program participants and/or other users of the FCLX. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the FCLX, including, but not limited to, User Content (defined below), for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Fusion Cyber Inc. or its licensors, unless you have obtained express written authorization to the contrary from the FCLX. No materials obtained from the FCLX, even if authorized for download from the FCLX, may be redistributed, nor may they be used for any commercial purpose, without Fusion Cyber Inc.’s prior written permission. Notwithstanding the prior sentence, the use of Program materials by a registered participant in a Program for the development of a business, venture, or idea of which the registered participant is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.
d. Additional Licenses. Certain materials made available for download from or through The FCLX may be subject to additional or different license terms and conditions. Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.
e. No Implied Rights. There are no implied licenses granted in these Terms.
f. Fusion Cyber Inc. Marks. The FCLX, The FCLX logo, and other The FCLX logos and product and service names are or may be trademarks of Fusion Cyber Inc. (the “The FCLX Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner Marks.
VII. Intellectual Property Rights and Our License to Use
a. Fusion Cyber Inc. Claim No Ownership. The FCLX may provide you with the ability to create, post, or share content, including messages in chat rooms and Participant Work (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
b. Fusion Cyber Inc. ’s Use of Your User Content. By creating, posting, or sharing Your User Content, except for Participant Work, on or through the FCLX, and subject to Fusion Cyber Inc.’s Privacy Policy, you grant Fusion Cyber Inc. a perpetual, transferrable, world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content without compensation to you only to the extent necessary and for the sole purpose of providing the FCLX. We reserve the right to refuse to accept, post, display, or transmit any of Your User Content or User Content in our sole discretion.
c. You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the FCLX, any right, title, or interest (including intellectual property rights) in content delivered by other students via the FCLX.
d. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through The FCLX or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through The FCLX does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on The FCLX does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the FCLX.
e. The FCLX contains content from users and other Fusion Cyber Inc. licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the FCLX.
VIII. Copyright Policy
a. Tell us if you think a user has violated your copyright using the FCLX, or if you think someone incorrectly reported that you violated his or her copyright.
b. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on The FCLX infringe your copyright, you (or your agent) may send Fusion Cyber Inc. a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed.
ii. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on The FCLX are covered by a single notification, a representative list of such works).
iii. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Fusion Cyber Inc. to locate the material on the FCLX.
iv. Your name, address, telephone number, and email address (if available).
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send The FCLX a counter-notice.
viii. Notices and counter-notices. must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to The FCLX should be sent to ([email protected]). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
c. Suggestions and Submissions. We appreciate hearing from our users and welcome your comments regarding the FCLX. Please be advised, however, that if you send us creative ideas, suggestions, improvements, inventions, or other materials (“creative ideas”), we shall:
i. own, exclusively, all now known or later discovered rights to the creative ideas.
ii. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
iii. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
d. User Content Disclaimers, Limitations, and Prohibitions. You are responsible for your actions when using and relying on The FCLX or content available on the FCLX.
e. We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users (“User Content”). You accept that any reliance on User Content will be at your own risk. By using the FCLX, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
f. You are solely responsible for Your User Content on the FCLX. Fusion Cyber Inc. does not endorse any, nor is it responsible for, User Content on the FCLX. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
g. You agree to use The FCLX only for its intended purpose. You must use The FCLX in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of The FCLX are prohibited. You may not:
i. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the FCLX, user accounts, or the technology and equipment supporting the FCLX.
ii. frame or link to The FCLX without permission.
iii. use data mining, robots, or other data gathering devices on or through the FCLX.
iv. post false or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity.
v. disclose personal information about another person or harass, abuse, or post objectionable material.
vi. sell, transfer, or assign any of your rights to use The FCLX to a third party without our express written consent.
vii. post advertising or marketing links or content, except as specifically allowed by these Terms.
viii. use The FCLX without our consent after your account has been terminated.
ix. use The FCLX in an illegal way or to commit an illegal act in relation to The FCLX or that otherwise results in fines, penalties, and other liability to Fusion Cyber Inc. or others; or
x. access The FCLX from a jurisdiction where it is illegal or unauthorized.
h. Consequences of Violating These Terms
i. We reserve the right to suspend or terminate your account and prevent access to The FCLX for any reason, at our discretion. We reserve the right to refuse to provide The FCLX to you in the future.
j. Cyber Inc. and/ may review and remove any User Content at any time for any reason, including activity which, in its sole judgment violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the FCLX.
k. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your improper use of the FCLX.
IX. Liability
a. Changes to the FCLX. We may change, suspend, or discontinue any aspect of The FCLX at any time, including hours of operation or availability of The FCLX or any feature, without notice or liability.
b. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the FCLX. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release The FCLX of all claims, demands, and damages in disputes among users of the FCLX. Use caution and common sense when using the FCLX.
c. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the FCLX. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the FCLX. Use the FCLX at your own risk.
d. Third-Party Websites. The FCLX may include links to third-party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from 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, AND The FCLX IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS 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 (i) The FCLX WILL MEET YOUR REQUIREMENTS, (ii) The FCLX WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF The FCLX WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON The FCLX WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN The FCLX WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF The FCLX IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. Released Parties Defined. “Released Parties” include The FCLX and its affiliates, officers, directors, managers, owners, members, employees, agents, service providers, partners, Instructors, and licensors.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE The FCLX; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF The FCLX; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON The FCLX; OR (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH the FCLX OR YOUR USE OF the FCLX CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE COST OF THE COURSE OR PROGRAM.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, to the extent they allege or result from (i) your improper use of or reliance on any third-party content, (ii) your improper use of or reliance on any The FCLX Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
I. General Terms
a. These Terms constitute the entire agreement between you Fusion Cyber Inc. concerning your use of the FCLX. Either party’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
b. Arbitration, Class Waiver, and Waiver of Jury Trial. All disputes must be resolved in the District of Columbia. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the FCLX.
c. These Terms and the relationship between you Fusion Cyber Inc. shall be governed by the laws of the state of Virginia without regard to its conflict of law provisions. You agree to exclusively submit to arbitration under the rules of the American Arbitration Association any disputes relating to your use of the FCLX. Any such arbitration, to the extent necessary, shall be conducted in Washington, DC. You covenant not to sue The FCLX in any other forum.
d. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of The FCLX or these Terms:
i. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
ii. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
iii. YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER COMPLETION OR TERMINATION OF YOUR PARTICIPATION IN The FCLX OR ONE (1) YEAR AFTER SUCH CLAIM AROSE, WHICHEVER IS LATER, OR IT IS FOREVER BARRED.
II. Contact Information
The FCLX by
Fusion Cyber Inc.
Dated: November 21st, 2022
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