INVESTORFUSE

GENERAL TERMS OF USE

Effective Date:  February 13, 2020

InvestorFuse, LLC (“InvestorFuse”) is happy to welcome you to our services. These Terms of Use (the “Agreement”) constitute a legal agreement between you (“You” or “User”) and InvestorFuse and it governs your use of the InvestorFuse website, any associated applications, software, and other InvestorFuse services (the “Services”).  By using the Services, you consent to the terms of this Agreement and to the InvestorFuse Privacy Policy posted on our website. If you do not consent to all the terms of this Agreement and Privacy Policy, you may not use the Services.

We ask that you carefully review these Terms of Service because they contain important information about your legal rights and your relationship with us. 

  1. InvestorFuse May Amend These TOU and Will Update the Effective Date Shown Above to Notify Users

 InvestorFuse reserves the right to amend, replace, suspend, or terminate this Agreement or any portion of its TOU at any time as required by changes in the law, circumstances, its business, or any other reason as determined by InvestorFuse in its sole discretion. Even if You have used InvestorFuse’s services in the past, we encourage You to review these TOU before each use of the Services.

While InvestorFuse may amend these TOU in its sole discretion, it will not hide any changes from You. Please note the Effective Date shown at the top of these TOU. If these TOU are modified, suspended, or otherwise changed, the Effective Date will change to reflect the date on which the change took place. Your use of the Services after a change in the Effective Date constitutes Your acceptance of any modification, amendment, or replacement to these TOU and will form a new, superseding and binding contract between InvestorFuse and You based on the updated TOU.

  1. Users

InvestorFuse offers its Services for use by many different types of Users. These Users include Sellers and Consumers. No matter how You utilize or participate with the Services, You are bound by these Terms. Other terms may also apply to You depending on Your participation with the Services.

 

  1. Warranties

 You warrant that You are of sound mind and competent to agree to the provisions of these TOU thereby entering into this Agreement with InvestorFuse by Your use of our Services. You also warrant that Your use of the Services does not violate any law, regulation, ordinance, statute, or treaty applicable to individuals or other entities located in the jurisdiction in which You live, conduct business, or make use of the Services. You further warrant that You are not prohibited from entering into this Agreement by the terms of any pre-existing agreement or obligation. If You are accessing or using the Services on behalf of a governmental organization, non-governmental organization, business, or other legal entity, You warrant that You are an authorized agent of that organization and that You have the authority to bind that organization to the terms of this Agreement. You warrant that any information and data, including personal data and personally identifiable information that you provide to InvestorFuse is shared with InvestorFuse in accordance with all applicable laws and regulations.

 

  1. Privacy Policy

InvestorFuse respects Your privacy and has set out how information provided by You to InvestorFuse may be used in a separate Privacy Policy. InvestorFuse hereby incorporates its Privacy Policy by reference as if fully restated herein.

 

  1. ADA Website Accessibility Policy

 We are happy to accommodate users with special needs or requirements. Company is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and services. In designing the website, Company makes reasonable efforts to comply with the WCAG 2.0 Level AA web accessibility standards. The Website has been designed to reach the widest audience possible, but, if you have difficulty viewing the Website, using the Website, or performing any transaction through the Website, you are encouraged to contact InvestorFuse at 407-502-2168.

 

  1. Intellectual Property Rights

InvestorFuse is the owner of all rights in, and to, the Services and, unless otherwise noted, its associated content, including, but not limited to, copyrights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. InvestorFuse has expended a lot of time and effort developing the Services. We are proud of it, and we hope You appreciate how important it is for InvestorFuse to protect its intellectual property. The Services and Website are subject to copyright and other intellectual property rights under the laws of the United States, foreign states, as well as international treaties, and InvestorFuse provides You with the right to use the Services on a limited basis without forfeiting any of its rights in and to the Services and associated content. You are expressly prohibited from using the Services for any purposes not stated in these TOU.

Anyone who contributes Content to the Services grants InvestorFuse a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, and transferable license to use the Content for any purpose.

InvestorFuse Users may contribute or upload content. You warrant that You own all rights in and to all aspects of all Content You upload. In the event that You are a licensee of the Content or aspects thereof, You warrant that You have sufficient license to upload and grant the licenses pursuant to this Agreement. If You become aware that You do not have sufficient rights as described herein, You must notify us as soon as possible. InvestorFuse is not responsible for any infringement or related claims arising out of non-InvestorFuse uploaded Content.

  1. Copyright Takedown Policy

If You believe that a user of the Services has infringed Your copyrights, You may provide InvestorFuse with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Copyright takedown Upon receipt of a notice that complies with this section, InvestorFuse will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification. 

This notice of copyright infringement must contain the following: 

  • The physical or electronic signature of a person authorized to act on behalf of the copyright owner; 
  • Identification of the copyrighted work(s) alleged to have been infringed; 
  • The location of the copyrighted work(s) on the Services; 
  • Your contact information, such as an address, telephone, fax number, or email address; 
  • A statement that You have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and 
  • A statement, under penalty of perjury, that the information in the notification is accurate and that You are authorized to act on behalf of the copyright owner. 

If You believe that Content subject to a notice of copyright infringement is not infringing, You may submit a counter-notification. This counter-notification must contain the following: 

  • Identification of the specific materials that have been removed from the Services; 
  • Your contact information, such as an address, telephone, fax number, or email address; 
  • A statement, under penalty of perjury, that You have a good faith belief that the content was removed as a result of mistake or misidentification; 
  • A statement that You consent to the jurisdiction of the federal district court in which Your address is located or in which InvestorFuse is located; 
  • A statement that You will accept service of process from the notifying party; and 
  • Your physical or electronic signature. 

All Copyright and Intellectual Property notices must be sent via email to accounting@investorfuse.com.

  1. Repeat Infringer Policy

Where InvestorFuse determines that a User has repeatedly uploaded infringing content, that User will be considered a Repeat Infringer. It is InvestorFuse’s policy to terminate any Repeat Infringer’s User Account or Professional Account.

  1. How You May Use Our Services

 InvestorFuse hereby provides You with a limited, non-exclusive, non-assignable, non-sub-licensable, revocable license to use the Services for its customary and intended purposes. Use of the Services for a purpose outside of its customary and intended purposes or in violation of the express provisions of these TOU may result in the immediate termination of any limited license granted to You by InvestorFuse through these TOU or otherwise as determined by InvestorFuse in its sole discretion. This license may be revoked InvestorFuse at any time, and any rights not expressly granted herein are reserved by InvestorFuse.

You are expressly prohibited from reproducing, preparing derivative works based upon, distributing, publicly performing, publicly displaying, scraping, framing, hacking, or reverse engineering the Services, whether in whole or in part, without the prior written consent of InvestorFuse.

 

  1. Registering an Account with InvestorFuse

 In order to obtain access to additional features or areas of the Services, You may be required to register an account (“Account”). You may only use the Account that You register and You are expressly prohibited from providing third parties with access to Your Account. You agree that, in registering an Account, You will provide InvestorFuse with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of Your username and password. We take Your privacy and our security seriously, and You are solely responsible for any access to Your Account, whether authorized or unauthorized. In the event Your Account is accessed without Your authorization, You agree to immediately provide written notice to InvestorFuse. By creating an Account, You agree to allow InvestorFuse to contact You as needed and determined in its sole discretion by any available means, including, but not limited to, the email address You provide when registering Your Account. InvestorFuse reserves the right to accept, reject, modify, suspend, or delete any Account at any time and for any reason in its sole discretion. You may opt out of receiving such emails at any time.

 

  1. Non-Discrimination

In provision of the Services, InvestorFuse does not discriminate on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disability and genetic information, or age.

 

  1. No Professional Advice

Any information available through the Services, social media, or provided by any InvestorFuse employee or agent, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute professional advice. The receipt of any questions or feedback You submit to us does not create a professional relationship and does not create any privacy interest other than those described in our Privacy Policy.

 

  1. Indemnification

 You agree to hold harmless, defend, and indemnify InvestorFuse from and against any and all claims, demands, judgments, liabilities, costs, and fees, including costs and attorneys’ fees, arising out of or related to:  (1) the creation or use of an Account; (2) a violation of any provision of these TOU; (3) the violation of any right of any third party, including rights of privacy, publicity, and/or intellectual property rights in connection with Your use of the Services; and/or (4) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international in connection with Your use of the Services. Your obligation to indemnify InvestorFuse will not provide You with the ability or right to control InvestorFuse’s defense or legal strategy, and InvestorFuse reserves the right to control its defense in its sole discretion, including, but not limited to, the choice to litigate or settle and the choice of counsel.

 

  1. Modification of the Services or InvestorFuse’s Services

InvestorFuse reserves the right to accept, reject, modify, suspend, or delete any Account or user-generated content at any time for any reason as determined in its sole discretion. InvestorFuse reserves the right to modify or cease providing access to the Services or any of its associated services at any time without notice in its sole discretion.

 

  1. Interactions Between Users of the Services

You understand and agree that InvestorFuse makes the Services available to Users and takes no responsibility and cannot be held liable or responsible for any communication or conduct entered into by or between users of the Services whether through Accounts or otherwise. InvestorFuse makes no representations or warranties with respect to any User’s communications received by You through the Services.

 

Certain functionality of the Services, including any reviews or comments, may allow You to add Your perspective to important discussions. We respect everyone’s opinions however we do not tolerate inappropriate or harassing behavior. InvestorFuse reserves the right to delete comments, and accounts and eliminate user’s access to the Services at any time, in their sole discretion. 

 

  1. Specifically Prohibited Use of the Services

 You agree that You will not:  (1) send unsolicited commercial messages through the Services or to users of the Services; (2) impose a disproportionate load on the Services or its server infrastructure or otherwise attempt to interfere with the operation of the Services; (3) circumvent any technological or security protection mechanisms used by InvestorFuse; (4) use a robot, spider, scraper, or other automated technology to access the Services; (5) attempt to gain access to the private data or personal information of a user of the Services or a third party through the Services; (6) post or otherwise transmit content intended to collect personal or personally identifiable information from users of the Services or third parties by using the Services in any way; (7) harass any user of the Services; (8) harass any third party through Your use of the Services; (9) post or transmit content that threatens or encourages bodily harm or the destruction of property; (10) post or transmit content that infringes upon the intellectual property rights of other users of the Services or third parties; (11) post or transmit content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, a chain letter, or any similar nuisance; or (12) post or transmit any content of a graphic sexual nature or content in violation of 18 U.S.C. § 2257.

 

  1. Payment and Refunds

Users can sign up for a subscription for access to InvestorFuse’s full Services. All payments for monthly or annual subscriptions must be paid with a major credit card. InvestorFuse does not accept checks, PayPal, or other payment methods.

InvestorFuse offers a 30-day money back guarantee covers the following: 1. Customers who purchase a new monthly or yearly subscription of InvestorFuse without paying additional setup fees have 30 days from signup to cancel the subscription and receive a full refund. 2. Customers who purchase a monthly or yearly subscription of InvestorFuse and pay additional setup fees have 30 days from signup to cancel the subscription and receive a partial refund. If a refund is given it will not include setup fees. Setup fees are not refundable.

No refunds for existing subscription renewal payments.

 

  1. Third Party Links

 You acknowledge and agree that the Website and emails from InvestorFuse may contain links to third-party content that is not owned or controlled by InvestorFuse. InvestorFuse will not be held liable or responsible for the content of any third-party, and You are advised to review the terms of use agreements and privacy policies of those third-parties.

 

  1. Termination

This Agreement will remain in full force and effect until Your Account is closed and InvestorFuse has delivered all goods or services contracted for. You may terminate Your Account by notifying InvestorFuse at billing@investorfuse.com in a written statement describing Your intent to terminate the Agreement created by these TOU and Your use of the Services. InvestorFuse may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to a violation of a term or condition of these TOU as determined by InvestorFuse in its sole discretion.

 

  1. InvestorFuse Disclaimer of Warranties

 INVESTORFUSE PROVIDES THE SERVICES ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.

 

  1. Limitation on Liability

 THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. INVESTORFUSE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, AND/OR USE THE SOFTWARE AND SERVICE (AND ALL THIRD-PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

UNDER NO CIRCUMSTANCES SHALL INVESTORFUSE, OR ITS SUPPLIERS, INVESTORFUSE PARTNERS, CONTRACTORS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF INVESTORFUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF INVESTORFUSE, AND ITS SUPPLIERS, REINVESTORFUSES, PARTNERS AND THEIR RESPECTIVE AFFILIATES, ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO INVESTORFUSE FOR THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN INVESTORFUSE AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. Assignment

 You acknowledge and agree that You are prohibited from assigning Your rights and obligations under this Agreement. InvestorFuse may assign its rights and obligations under this Agreement at any time.

 

  1. ARBITRATION AND CLASS ACTION WAIVER.  

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES OR USE THEREOF MUST BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES). ANY DISAGREEMENT AS TO WHETHER THIS CLAUSE APPLIES TO THE DISPUTE WILL BE DECIDED BY THE ARBITRATOR. 

The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration will be administered under the American Arbitration Association’s (“AAA”) most recent commercial arbitration rules then in effect except where as modified herein. The arbitration will be conducted in Grand Rapids, Michigan and will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the American Arbitration Association. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing party. This arbitration will be held in Grand Rapids, Michigan and both parties agree that they will be required to be present in Kent County, Michigan for arbitration under the terms of this agreement and hereby submit to exclusive personal jurisdiction in Grand Rapids, Michigan. The Arbitrator will apply the laws of the state of Michigan and the Federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause.

The User and InvestorFuse hereby waive the right to a trial by jury as to all arbitrable disputes.

Arbitration Exceptions. Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or (ii) bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights (“Intellectual Property Rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

CLASS ACTION WAIVER. THE USER AND INVESTORFUSE ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, EACH WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR PRIVATE ATTORNEY GENERAL ACTION. IF THIS CLASS ACTION WAIVER IS HELD UNENFORCEABLE WITH RESPECT TO A DISPUTE BETWEEN THE PARTIES, THE PARTIES AGREE THAT THE ENTIRETY OF THE ARBITRATION CLAUSE WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE AND THE DISPUTE MUST PROCEED IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. 

Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator will award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. 

  1. Severability

 If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

 

  1. Integration

 This Agreement, created by Your use of the Services and these TOU, incorporating the Privacy Policy, constitute the entire agreement between the parties with respect to the use of the Services and the associated services provided by InvestorFuse. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from You will not bind InvestorFuse.

 

  1. Waiver

 You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

 

  1. Limitation on Actions

 INVESTORFUSE AND YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE WESBITE OR INVESTORFUSE’S RELATED SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

 

  1. Reservation of Rights

 All rights not expressly granted herein are reserved to InvestorFuse.

 

  1. Contact

Users with questions about this Agreement may contact InvestorFuse as follows:

 InvestorFuse, LLC

10045 Baltimore National Pike

Unit A7 #497

Ellicott City, MD 21042

Email: accounting(at)InvestorFuse.com