INVESTORFUSE User Agreement – as of October 11, 2016
Welcome to the INVESTORFUSE, LLC (“InvestorFuse”) User Agreement.
Accessing the Service
The Service is made available to you only for your private use, or if you are signing up on behalf of your company, for the use of your company. You must be a registered user on the Podio.com platform to access the Service. Please keep your Podio password secure. If you lose your password for your account, you will not be able to access your data and will need to contact Podio directly to recover. You and your company are solely responsible for any activity that occurs under your user name, including, without limitation, all SPAM and other legal compliance.
When you visit InvestorFuse.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, through your InvestorFuse Podio workspaces, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In using the Service, you acknowledge that we and/or our third party partners are authorized to copy and store such data for backup purposes and to access same to extent necessary for support purposes. You agree to comply with all data privacy and other laws with regard to the data we store for you. You shall defend and indemnify us for any claim, costs or damages that may arise from your breach of your obligations set forth in this Agreement. In the event we are served with legal process to turn over your data, unless prohibited by law, we shall endeavor to provide you advance notice before turning over said data.
The Software that runs the Service (the “InvestorFuse SaaS”), may collect certain non-personally identifiable information on your computer, including, but not limited to, performance metrics, and configuration settings. This information collected will be sent to InvestorFuse and may be used by InvestorFuse to improve our Service.
Credit Card Charges and Credit Card Fraud Penalties
User warrants that he or she is over 18 years of age and is of legal age to enter into contractual agreements in the state in which User is present when User makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. User’s violation of any of these requirements may result in civil or criminal prosecution. Any fraudulent usage of User’s own credit card, against InvestorFuse, authorizes InvestorFuse’s contact with User’s credit card companies in order to ascertain information related to such fraud. User agrees that if he or she uses fraudulent means to receive more than one refund or if causes a fraudulent dispute claim that results in a chargeback against the InvestorFuse’s account, that the InvestorFuse is authorized to re-charge the User’s credit card that was used for the original purchase to the extent that will make the InvestorFuse whole. User may also be liable for additional damages.
Modification of Service/Agreement
There are times when InvestorFuse may modify, suspend or discontinue providing the Service. Unless prohibited by judicial or other similar order, InvestorFuse will notify you of any modification, suspension, or discontinuance of the Service, either by sending an email to the email address you provide with your registration, notifying you in your Podio workspaces, or by a posting on the InvestorFuse.com website. InvestorFuse may modify this Agreement and the amendments will be effective upon acceptance of registration for new users and will be effective for you 30 days after we post any amended terms on the InvestorFuse.com website. If you do not agree to the changes, you will have to terminate your account at that time.
Rights to Software and Service
The InvestorFuse SaaS is owned exclusively by InvestorFuse or is licensed to InvestorFuse by our third party partners. You may not sell or distribute the InvestorFuse SaaS or Service to anyone else. Your registration for the Service grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute one (1) copy of the InvestorFuse software (in executable code form only), only on a single computer and only for the purpose of accessing and using the Service. Except for the limited license granted in this Agreement, all rights in and to the software and Service are expressly reserved, and no implied licenses are granted by InvestorFuse.
The software offered as part of the Service and its structure, organization, source code, and documentation contains valuable trade secrets of InvestorFuse and its licensors, and, accordingly, you agree not to (and agree not to allow third parties to): (1) sublicense, lease, rent, loan, transfer or distribute the software and/or Service, or any derivative thereof, to any third party; (2) modify, adapt, translate, or prepare derivative works from the software or Service; (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the software or Service; (4) extract portions of the software’s files for use in other applications; or (5) remove, obscure or alter InvestorFuse’s, or any third party’s, trademarks, copyright or other proprietary rights notices affixed to, contained within or accessed in conjunction with, or through, the software or Service.
Termination of Agreement
You may terminate your Service at any time by extracting your data and contacting InvestorFuse support at email@example.com
Your rights to use the Service shall automatically terminate upon your breach of the terms and conditions of this Agreement. InvestorFuse may refuse, or discontinue participation of, any user at any time at its sole discretion.
When the Service is terminated, you will no longer have access to your data; however, if the termination of service is for any reason other than due to your breach, we shall endeavor to make your data available for you to download for a period of thirty (30) days before removing your workspace from the system. Thereafter, InvestorFuse has no obligation to provide you with a copy of your data and may remove and discard any data.
Limitation of 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, REINVESTORFUSES, PARTNERS 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.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of InvestorFuse. InvestorFuse may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.
This Agreement, and the rights and obligations of the parties hereunder, are to be governed by, construed and interpreted in accordance with the laws of the State of Maryland applicable to contracts made and to be performed wholly within Maryland, without regard to choice or conflict of laws rules. All disputes shall be adjudicated solely in the courts located in Anne Arundel County, Maryland and you agree to the personal and exclusive jurisdiction and venue of these courts. Any judgment shall be given full faith and credit in any other jurisdiction in the world.
The failure of InvestorFuse to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by InvestorFuse.
Users with questions about this Agreement may contact InvestorFuse as follows:
69 Brandywine Ave.
Severna Park, MD 21146