INFUSE reserves the right to change or modify all or any part of this Agreement at any time, effective immediately. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by INFUSE as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
You must be 13 years of age or older to use the Service. INFUSE complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. By registering for the Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service ("Member"). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service and such accounts will be terminated by INFUSE.
By using the Service or downloading the Content, as defined herein, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Service (the "Member Profile") must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do so via the "my account" option on the site.
If you believe someone has accessed the Site using your user name and password without your authorization, you must contact INFUSE support using the information located under "Contact Us".
2. Use of Content
The Service provides general information only and does not constitute legal advice. You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material of INFUSE (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of INFUSE or third parties. All Content on the Service is copyrighted as a collective work of INFUSE pursuant to applicable copyright law(s). You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
Except as expressly permitted in Section 2.3 of this Agreement, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software or documentation may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or that enforce limitations on use. Downloadable content may downloaded on any single one (1) computer only. The use of the Content on any other web site or networked computer environment is strictly prohibited. You recognize violation of any of these provisions may subject you to civil or criminal liability.
3. Disclaimer of Warranties
THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. INFUSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INFUSE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INFUSE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEB SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
INFUSE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INFUSE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
4. Disclaimer of Consequential Damages
IN NO EVENT SHALL INFUSE, ITS CONTENT SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR THE CONTENT OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF INFUSE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. Third-Party Content on Site
You acknowledge and agree that this Web site may contain Content provided by other users, Content suppliers and other third parties. INFUSE makes no representations with respect to, nor does it guarantee, warrant or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party Content or any other Content that such third party Content may access. INFUSE expressly disclaims responsibility and liability for all third party provided Content contained or accessible through this Web site.
6. Links to Other Sites
This Web site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by INFUSE of the Content on such third party Web sites. INFUSE is not responsible for the Content of linked third party Web sites and does not make any representations regarding the Content or accuracy of any Content on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
7. Limitation of Liability
Unless otherwise expressly provided in ANY OTHER LEGAL NOTICE ON THE WEB SITE, the aggregate liability for INFUSE and its Content suppliers to you for all claims arising from the use of the Content (including Software) is limited to $100.
You agree to defend, indemnify, and hold harmless INFUSE, its officers, directors, employees, agents and Content suppliers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Web site and the Content (including without limitation, Software) or your breach of this Agreement. INFUSE shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
9. Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content (including Software to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.
10. User Information
INFUSE and its Content suppliers may collect, use and disclose the IP addresses and zip codes of all of our Web site's Users on an Aggregate Basis. For the purposes of this Agreement, "Aggregate Basis" means that we combine anonymous parts of your information with anonymous parts of the information from our other Users without including any of your personally identifiable information, such as but not limited to your name and email address, in the combination. An example of "Aggregate Basis" without limitation is our tracking the most popular parts of the INFUSE Web site among the Users.
11. General Terms
This Agreement is effective until terminated by INFUSE. You may terminate this Agreement at any time by destroying all Content obtained from any and all INFUSE Web sites and all related documentation and copies and installations thereof, whether made under the terms and conditions of this Agreement, or otherwise. This Agreement will terminate immediately without notice from INFUSE if, in INFUSE’s sole discretion, you fail to comply with any of the Terms and Conditions is Agreement. Upon termination, you must destroy all Content obtained from this Web site and any and all other INFUSE Web sites and all copies thereof, whether made under the terms and conditions of this Agreement, or otherwise.
INFUSE makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access this Web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, U.S.A, without respect to its conflict of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or Content on particular Web pages, this Agreement constitutes the entire Agreement between you and INFUSE with respect to the use of this Web site. INFUSE reserves the right to make changes to this Web site and to this Agreement at any time without notice.