1. Introduction and Eligibility
|This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Site means you accept any changes.|
Binding Agreement. These Terms constitute a binding agreement between you and FUSE Corps and its affiliates and subsidiaries (“FUSE Corps,” “we,” “us”). “You” and “users” shall mean all visitors to the Site. You accept these Terms each time you access the Site. If you do not accept these Terms, you must not use the Site. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Site after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Site.
2. The Site
The “Site” means any website, mobile application, or Internet service under FUSE Corps’ control, whether partial or otherwise, in connection with providing its services. The Site provides an online platform for individuals to learn more about FUSE Corps and for individuals (“Candidates”) to find and apply for fellowship opportunities (“Positions”) with organizations (“Host Organizations”).
|FUSE Corps and Host Organizations will offer Positions to Candidates solely at their discretion and in compliance with applicable law.|
Acceptance for a Position. FUSE Corps will work in conjunction with Host Organizations to review Candidate applications and offer Positions to Candidates. The decision to offer a Position to a Candidate is entirely within the discretion of FUSE Corps and Host Organizations as permitted by applicable law. Submitting application materials through the Site may be part of an extensive process that includes interviews and meeting other requirements. You agree to use reasonable efforts to provide FUSE Corps and Host Organizations any additional information reasonably requested as part of the application process.
|You are required to submit accurate information in your applications.|
Accurate Submissions. You represent and warrant that the information you provide to FUSE Corps when accessing the Site and at all other times will be true, accurate, current, and complete.
|FUSE Corps does not guarantee you will be suitable for any Positions or that you will want any Positions available through the Site.|
FUSE Corps Does Not Guarantee You Will Find a Position By Using the Site. You agree that FUSE Corps has no obligation to offer or provide a Position that you find acceptable, and FUSE Corps does not guarantee that you will find a Position through the Site.
We Do Not Verify Third-Party-Authored Information on the Site. We may permit third parties, such as Host Organizations, to post information on the Site. We do not verify the accuracy of information posted by them. You rely on any such information or content at your own risk.
|Host Organizations may receive information about you when you apply for a position. We are not responsible for their use of the information.|
We Are Not Responsible for Host Organizations’ Use of Information You Make Available. You agree that by submitting your application through the Site that your application materials may be provided to Host Organizations. We are not responsible for how Host Organizations may use the information they receive about you from your application materials. FUSE Corps and Host Organizations may not perform background checks on you without your consent.
|FUSE Corps is not a party to agreements between you and Host Organizations, and is not response responsible for disputes arising under such agreements.|
FUSE Corps Is Not a Party to any Agreements Between Candidates and Host Organizations. Fellows may be required to sign agreements with Host Organizations in order to participate in Positions. You agree that we are not a party to such agreements, and we are not responsible for any disputes arising out of such agreements. You agree that we may, but are not required to, participate in any disputes between Fellows and Host Organizations.
FUSE Corps Is Not a Fiduciary. Fuse Corp has no special relationship with or fiduciary duty to you.
3. Eligibility to Use the Site
Children. No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The SITE AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
|FUSE Corps may communicate with you by email or posting notice on the Site. You may request that we provide notice of security breaches in writing.We may also contact your references and any referrals you submit to us.|
We and Host Organizations May Contact You. By applying to Positions on the Site, you agree that we and Host Organizations may contact you using the contact information you post in your application, such as your postal address, email address, or telephone number. If you call us by telephone, we may record the telephone call for quality and training purposes.
We and Host Organizations May Contact Your References. You represent and warrant that when you provide the contact information for your references, you have permission to provide such information to us and that we have permission to contact them with respect to your application.
Referrals. You may submit information to us about others so that we can contact them about Positions and the Site. You represent and warrant that before you submit the information to us that you have permission to provide such information to us and that we have permission to contact them with respect to Positions and the Site.
Electronic Notices. By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected].
5. FUSE Corps’ Content Ownership and Use
|FUSE Corps owns or has rights to all of the content we make available through the Site, but you may use it as you use the Site. You may not use our logo without our written permission.|
The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other FUSE Corps content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future (collectively, “FUSE Corps Content”). All FUSE Corps Content and the compilation (meaning the collection, arrangement, and assembly) of all FUSE Corps Content are the property of FUSE Corps or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Site and the FUSE Corps Content solely for the personal use of the Site, at our discretion. Any other use is expressly prohibited. This license is non-transferable and revocable at any time without notice and with or without cause. Unauthorized use of the FUSE Corps Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original FUSE Corps Content on any copy you make of the FUSE Corps Content. FUSE Corps retains all right, title and interest in and to all FUSE Corps Content.
FUSE Corps Marks. “FUSE Corps,” the FUSE Corps logo, and other FUSE Corps logos and product and service names are or may be trademarks of FUSE Corps (the “FUSE Corps Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the FUSE Corps Marks in any manner.
6. Suggestions and Submissions
|We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.|
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
7. User Content Disclaimers, Limitations, and Prohibitions
|Do not do bad things with the Site, try to break it, or steal our hard work.|
You agree to use the Site only for its intended purpose and in an authorized manner. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site, unless specifically allowed by these Terms;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person without his/her consent, or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use or access the Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to FUSE Corps or others; or
- . access the Site from a jurisdiction where it is illegal or unauthorized.
8. Consequences of Violating These Terms
|If you do not act acceptably, we may prohibit your use of the Site.|
Without limiting any other remedies, we reserve the right to suspend or terminate your account and prevent access to the Site for any reason, at our discretion. We reserve the right to refuse to provide the Site to you in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.
9. FUSE Corps’ Liability
|We are not liable for the actions of users when they use the Site. We may also change the Site at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Site or other websites.|
Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes. You agree that we are not a party to agreements you may have with Host Organizations, and we are not responsible for any disputes arising out of such agreements. You agree to resolve such disputes directly with the Host Organization. You agree that we may, but are not required to, participate in any disputes between you and Host Organizations. You assume all risk associated with signing agreements with Host Organizations. You release FUSE Corps of all claims, demands, and damages in disputes between you and a Host Organization arising under any agreement between you and such organization.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site authored or posted by third parties, such as Host Organizations.
Third-Party Websites and Applications. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The Site may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include FUSE Corps and its affiliates, officers, employees, agents, partners, and licensors.
- DISCLAIMER OF WARRANTIES
You use the Site at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE AND ANY PRODUCTS, SERVICES, OR POSITIONS MADE AVAILABLE ON OR THROUGH THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND ANY PRODUCTS, SERVICES, OR POSITIONS MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS, SERVICES, OR POSITIONS OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE OR ANY PRODUCTS, SERVICES, OR POSITIONS MADE AVAILABLE ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you involving the Site. If you use the Site in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY PRODUCTS, SERVICES, OR POSITIONS MADE AVAILABLE ON OR THROUGH THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, SERVICES, OR POSITIONS RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO, CORRUPTION OF, interference WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF FUSE CORPS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any FUSE Corps Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
10. General Terms
11. Arbitration, Class Waiver, and Waiver of Jury Trial
|We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Site.|
These Terms and the relationship between you and FUSE Corps shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and FUSE Corps agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco in the state of California. You covenant not to sue FUSE Corps in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
1202 Ralston Avenue, Suite 1B
San Francisco, CA 94129
Effective Date: June 10, 2015
Last Updated Date: June 10, 2015