Terms of Use

Last modified: December 4, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between you ("you" or "your") and Fusion Trade, Inc. d/b/a Fusion Worldwide ("Company , "we ," "us" or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.fusionww.com, including any content, functionality, and services offered on or through www.fusionww.com (the "Website"), whether as a guest or a registered user. The Website is intended solely for use by companies, institutions or other business entities (each, a "Business User") and each person authorized by a Business User to access and use the Website (each, an "Authorized User"). The terms "you" and "your" in these Terms of Use includes both a Business User, as well as all of its Authorized Users. Each Authorized User hereby represents and warrants that it has been authorized by the Business User with which such Authorized User is associated to (i) accept these Terms of Use on the Business User's behalf, and (ii) to bid or purchase goods (“Goods”) on the Business User's behalf via the e-commerce function of the Website.

Please read the Terms of Use carefully before you start to use the Website. By ordering Goods through the Website or by mail, e-mail, phone, fax, or any other method, you agree on your behalf personally and on behalf of any entity for which you are an agent or you appear to represent to the Terms of Use and Terms of Sale <include hyperlink>. By accessing, visiting, interacting, attempting to interact, registering or using any part of the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at PRIVACY POLICY, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

The Website is not for use by consumers or by Authorized Users for personal use —it is for businesses and organizations only. This Website is offered and available to Authorized Users who 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Fusion Worldwide and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

To access and use the full e-commerce functionality of the Website or some of the resources it offers, you will be required to register for an account. As part of the registration process, you will be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You may not provide false information to Fusion Worldwide or impersonate another individual or entity. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

To access and use the e-commerce functions of the Website, you will need to establish a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree that you are solely responsible for all activities on the Website using your user name, password, or other security information and agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access by Authorized Users to some parts of the Website, or the entire Website.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You are responsible for both making all arrangements necessary for you to have access to the Website. Each Business User is responsible for ensuring that all of its Authorized Users are aware of these Term of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Fusion Worldwide, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website solely for the internal business use of the Business User. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

You must not:

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Fusion Worldwide. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Fusion Worldwide name and all related names, logos, product and service names, designs, and slogans are trademarks of Fusion Worldwide or its affiliates or licensors. You must not use such marks without the prior written permission of Fusion Worldwide. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

Additionally, you agree not to:

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any Business User or Authorized User. YOU WAIVE AND HOLD HARMLESS FUSION WORLDWIDE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from your reliance on such materials, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by third-party suppliers, manufacturers, and other third party sources. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fusion Worldwide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fusion Worldwide. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Any use made of Fusion Worldwide classification data, whether it be ECCNs or Harmonized Tariff or Taric codes, is without recourse to Fusion Worldwide and at your own risk. Export classification is subject to change. If you export or re-export, your company, as the exporter of record, is responsible for the correct classification of any Good at the time of export. Any export classification by Fusion Worldwide is for Fusion Worldwide’s use only and shall not be construed as a representation, or warranty, regarding the proper export classification nor relied upon to make licensing determinations.

Procedures for Making Claim of Copyright Infringement

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Purchases and Other Terms and Conditions

All purchases through the Website, resulting from visits made by you to the Website, or by mail, e-mail, phone, fax, or any other method are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Linking to the Website

You are prohibited from linking to our Website.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Communications with You

By registering and using the Website, you agree to receive communications from us by e-mail, text, phone or other communications channels regarding product information, purchases, requests for quotes, uploads, customer service requests, promotions, and any other information related to the electronics market.

Use of the Website Outside of the United States

The principal business address of owner of the Website is in the Commonwealth of Massachusetts in the United States. Access to the Website, or the purchase of certain Goods via the Website, may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We may decline access to the Website or the purchase of Goods via the Website if we determine that your use of the Website, including its e-commerce features, would violate any laws of the United States or any other jurisdiction.

Export Control

Fusion Worldwide is committed to compliance with export, re-export, in-country transfer, customs and economic sanctions laws, regulations, rules and orders pursuant to U.S., EU, EU Member State, or other applicable export controls or sanctions (“Trade Controls”) to which Goods purchased from Fusion Worldwide apply. You understand and acknowledge that all Goods purchased from Fusion Worldwide are subject to Trade Controls. You shall not, directly or indirectly, sell, export, transfer, use, or disposition in in any other way which may result in non-compliance with applicable Trade Controls.

Fusion Worldwide will not sell or ship to embargoed countries or any party designated under Trade Controls, including, but not limited to, persons or entities named on the Entity List, Unverified List, Denied Persons List, or Military End User List under the U.S. Export Administration Regulations (“EAR”), the U.S. Office of Foreign Assets Control’s Specially Designated National list, Foreign Sanctions Evaders list, or Non-SDN Menu-Based Sanctions list, the Consolidated list of persons, groups and entities subject to EU financial sanctions, the EU’s country specific lists such as those included in Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilizing the situation in Ukraine, or any other list of restricted parties under Trade Controls. This also includes any party that is owned or controlled by, or acting or purporting to act at the direction of, for, or on behalf of, any of the foregoing in this paragraph, directly or indirectly.

You acknowledge that, before exporting or reexporting, any Good, You are responsible for determining if the Good is controlled, prohibited or restricted for export or import and to obtain any license to export, re-export, or import as may be required by Trade Controls.

To the extent that you purchase any Goods identified as “subject to dual-use controls” by Fusion Worldwide, such Goods are included in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. Such Goods are therefore subject to EU controls on the export of dual-use items when exported from the customs territory of the European Union. When a transaction between You and Fusion Worldwide concerns sales within the customs territory of the EU, You are solely responsible for obtaining the requisite authorizations and/or making the requisite notifications when exporting such Goods subject to EU dual-use controls outside the customs territory of the European Union.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FUSION WORLDWIDE NOR ANY PERSON ASSOCIATED WITH FUSION WORLDWIDE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FUSION WORLDWIDE NOR ANYONE ASSOCIATED WITH FUSION WORLDWIDE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FUSION WORLDWIDE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FUSION WORLDWIDE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless FUSION WORLDWIDE, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the City of Boston and County of Suffolk although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law. Any such arbitration shall be held in Boston, Massachusetts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Fusion Worldwide of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fusion Worldwide to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Fusion Worldwide regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Fusion Trade, Inc. d/b/a Fusion Worldwide, 10 Fan Pier Boulevard, Boston, Massachusetts 02210.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: help@fusionww.com.