Welcome to the SleepCharge web site (the “site”). The site is provided by FusionHealth®, subject to your compliance with the terms and conditions set forth below (the “agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, WE ASK THAT YOU NOT ACCESS OR OTHERWISE USE THE SITE.
FUSIONHEALTH MAY MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A MODIFIED VERSION TO THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THE MODIFIED AGREEMENT, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SITE. CONTINUED USE OF THE SITE FOLLOWING POSTING OF THE MODIFIED AGREEMENT SHALL BE DEEMED YOUR ACCEPTANCE THEREOF.
1. Your Responsibilities. FusionHealth encourages you to exercise discretion in using the site. The site is for your informational, noncommercial purposes only. You, and not FusionHealth, shall have sole responsibility for the following: (1) ensuring that your use of the site complies with all legal obligations, including but not limited to, obligations imposed by copyright, trademark, trade secret, defamation, publicity, privacy, and export laws; and (2) using the site for lawful purposes only. In addition, you shall not use the site to (1) post or transmit any materials that infringe in any way upon the rights of others (including but not limited to intellectual property rights) or that is unlawful, threatening, abusive, defamatory or that violate any rights of privacy or publicity; or (2) advertise, solicit, or perform any commercial services.
2. Intellectual Property Ownership. The contents of this site, such as text, graphics, images, logos, button icons, software and other “material” are protected under United States and foreign copyright, trademark and other laws. All material is the property of FusionHealth or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of FusionHealth and protected by U.S. and international copyright laws. Unauthorized use of the material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original material on any copy you make of the material. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The use of the material on any other web site or in a networked computer environment for any purpose is prohibited.
Third party content (including but not limited to, third party content which you access or obtain through the site) will remain the property of the respective owner and may be protected by copyright, trademark, and other U.S. and international intellectual property laws. By using the site you do not acquire any right, title or interest in any content.
(a) You Are Responsible for Ensuring That You Do Not Infringe Upon Third Party Rights. You, and not FusionHealth, have sole responsibility for determining whether you have adequate legal rights to use the site in connection with any content, and/or to access, store, reproduce or otherwise make use of any content on or through the site. This responsibility includes the obligation to ensure that you comply with all agreements and instructions governing the use of any content (e.g., prohibitions on reproduction or distribution), as well as any applicable laws, regulations and ordinances (e.g., copyright and other intellectual property laws). You agree not to transmit, disseminate, sell, publish, broadcast or commercially exploit, in any manner, any content which you access or obtain on or through the Site, without the express written consent of FusionHealth or the applicable content owner.
(b) Do Not Change or Delete Proprietary Rights Notices. You agree not to change or delete any proprietary rights notices from any content which you access or obtain on or through the site. You further agree to comply with reasonable requests by FusionHealth to protect the content owner’s and FusionHealth’s respective rights in the content and the site.
(c) Acceptable Linking Practices. When using a URL address to create a link to the FusionHealth site, you must link to the FusionHealth homepage only, using the following URL: www.fusionhealth.com. Do not create a link to any interior web page of the FusionHealth site.
(d) Do Not “Frame” FusionHealth Web Pages or Content. You may not mirror any FusionHealth web page or content on your web site. Under no circumstances may you present content found anywhere on the FusionHealth site as your own or “frame” a FusionHealth web page or content with another web page.
(e) Violations and Legal Liability. You understand that violating any of these provisions could subject you to legal liability. FusionHealth reserves the right to remove any content from the site in the event that FusionHealth receives notice or otherwise becomes aware that the use of the content constitutes infringing activity. FusionHealth shall incur no liability whatsoever regarding the removal by FusionHealth of any content, and FusionHealth shall have no obligation to evaluate the merit, adequacy, or sufficiency of any such notice.
3. This Site Is Not Warranted or Guaranteed in Any Way. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. THE SITE AND ALL CONTENT, INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON, OR MADE AVAILABLE THROUGH, THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. FUSIONHEALTH EXPLICITLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS.
FUSIONHEALTH DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. FUSIONHEALTH DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE UPON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PARTY. BY USING THIS SITE YOU ASSUME ALL RESPONSIBILITY AND RISK RELATING THERETO.
FusionHealth does not warrant or guaranty the accuracy, completeness, timeliness, or correct sequencing of any content, services, functions, materials, or information. In addition, there may be delays and inaccuracies in content, and content may become unavailable. FusionHealth, and the respective content providers, shall have no liability whatsoever for the accuracy, completeness, timeliness, or correct sequencing of the foregoing, or for any decision or action taken by you in reliance thereof, or for interruption of any services and/or data.
FusionHealth makes no representation that any content accessed or obtained on or through the site are appropriate or available for use in any particular location. Accessing them from locales where their use is illegal is expressly prohibited. You hereby waive all claims against FusionHealth arising from or relating to this agreement, the site, and/or your use thereof.
4. Limitation of Liability. AS THE USER, YOU ASSUME ALL RISKS AND LIABILITIES ASSOCIATED WITH THE USE OF THE SITE. UNDER NO CIRCUMSTANCES SHALL FUSIONHEALTH BE LIABLE TO ANY PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING FROM OR RELATING TO ANY USE OF, OR INABILITY TO USE, THE SITE, EVEN IF FUSIONHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole and exclusive remedy under this agreement is to discontinue use of the site.
5. Indemnification. As the user, you agree to indemnify, defend, and hold harmless FusionHealth, its officers, directors, employees, agents, licensors, suppliers, and any third parties whose content is accessed or used on or through the site from and against all losses, expenses, damages, and costs (including reasonable attorneys fees) resulting from any violation of this agreement, or any activity arising from or related to the site by you (including negligent and wrongful conduct, and conduct which infringes upon the intellectual property or proprietary rights of any party).
6. No Responsibility for Third Party Content. FusionHealth is not a publisher of third party content. Rather, its services are in the nature of a distributor of content. Accordingly, FusionHealth has no more editorial control over such content than does a library or a newsstand. Any content, opinions, advice, statements, or services displayed on or through the site are those of the respective author and/or applicable distributor, and not of FusionHealth.
7. FusionHealth Assumes No Responsibility for Third Party Links. The site may contain links to third party web sites. The linked sites are not under the control of FusionHealth, and FusionHealth is not responsible for the contents of any linked site or any link contained in a linked site. The contents of linked sites may or may not constitute materials in the public domain. FusionHealth makes no representations concerning the copyright protection due the contents found on linked sites. Permission to reproduce materials and contents found on linked sites may be required and you are solely responsible for making such determination. FusionHealth provides such links only as a convenience, and the inclusion of a link does not constitute or imply any endorsement of the linked site by FusionHealth.
9. Applicable Laws. This site is controlled by FusionHealth from its office in Suwanee, GA, USA, although it is accessible worldwide over the Internet. By accessing the site and/or the service, you agree that the laws of the State of Georgia (without regard to the conflicts of laws principles thereof) will apply to all matters relating to your use of this site. In addition, you also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in the State of Georgia.
10. Severability. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
11. Entire Agreement. This agreement contains the full understanding of the parties and supersedes all prior agreements and understandings, written or oral, between the parties with respect to the subject matter hereof; and there are no representations, warranties, agreements or understandings other than those expressly contained herein. Notwithstanding the foregoing, FusionHealth reserves the right to change the terms and conditions of this agreement at any time and without prior notice. Such changes will be posted on this page.