EFFECTIVE DATE: April 8, 2017
We provide various services through this platform (the “Services”). These Product Purchase Terms describe the terms and conditions which apply to the purchase of any products or services via the FusionSells platform and/or through any of the Services. By purchasing any products or services through the platform or the Services, you are agreeing to the terms contained herein. Please review them carefully and make sure that you understand them.
1. Generally
The Services provide the ability for those who interact with the FusionSells platform to purchase products and services. These products and services are typically associated with Content (as such term is defined in our Content Hosting Agreement) available through the FusionSells Services and in connection with the Content contained on our platform as well as comments and other interactive components associated with this Content.
2. No Endorsement or Recommendation by FusionSells or FusionSells Users
As a general matter, when products and services are associated with Content on our platform and available for purchase, such association does not and should not be considered an endorsement or recommendation of the good or service by FusionSells or any of its affiliates. As such, FusionSells can not and does not warrant the performance, functionality, fitness for a particular purpose or any other aspect of any good or service available for purchase on the platform or through the Services. In most cases, those who interact with the Services and Content available on the platform are responsible for associating Content with products and services available for purchase. These individuals and entities may or may not be endorsing the product or services in connection with making the association. In addition, these individuals and entities may be compensated by FusionSells and/or third parties in connection with any purchases made based on the associations that they make. However, in no case do these individuals or entities warrant any products or services by making such an association.
3. Purchasing and Fulfillment
Products and services purchased via the FusionSells platform and/or the Services are fulfilled by third party vendor affiliates of FusionSells (these parties may also be referred to, in some cases, as “merchants”). As such, you should view such third party vendors as the seller in a purchase transaction with you as the buyer. Because of this, all issues with orders, shipment and condition of products and services should be addressed directly with the vendor. During the process through which you make a purchase, you will be provided with the name and maybe other information for the applicable vendor(s) associated with your purchase. FusionSells can not and does not take responsibility for any lost or damaged products, deficient services, or other issues with products or services that are typically associated with warranties. Any such warranties, if available, are available through the vendor, manufacturer or service provider, as applicable. As applicable and as available, you will also be shown a link to the vendor’s website based terms to which you will be bound in connection with your purchase should you choose to purchase products or services from the applicable vendor. You are encouraged to read these terms prior to making a purchase as they will govern your purchase from the applicable vendor.
4. Pricing and Availability and Vendor Issues
Vendors which make products and services available for purchase via referral through the FusionSells Services will periodically provide data regarding items available for purchase, quantity in stock, pricing, and other related data. This data will generally be made available to you through the Services such that you can make purchase decisions as between one or more vendors that may stock the item you wish to purchase. While vendors are encouraged to frequently update pricing and quantity in stock, FusionSells cannot and does not guarantee any of pricing, availability, shipping times or any other aspect of the purchase and sale transaction. Instead, you should address any concerns you may have directly with the applicable vendor. As a general matter, vendors will be bound to honor pricing stated via the FusionSells Services.
With respect to returns, you will be bound by the applicable vendor’s return policy. While FusionSells cannot guarantee vendor performance or directly address vendor issues, FusionSells will, in most cases endeavor to assist you in resolving any issues with vendors. Should you have an issue with a vendor referred through the FusionSells Services, please log in your account and provide the requested information.
To be very clear, FusionSells will attempt to assist but cannot guarantee that it will be successful in resolving the issue.
5. Payments; Risk of Loss; Taxes
When you make a purchase on the FusionSells platform and/or through the FusionSells Services, you are entering into a binding transaction with a third party vendor and not with FusionSells . FusionSells will collect all personal data required to process the transaction including your name, email address, shipping address and credit card information (“Transaction Data”). GyroPage will then, collectively with vendor, use the Transaction Data to process the transaction. Your credit card will be charged by the applicable vendor and not by FusionSells . FusionSells may have a relationship with such third party vendors wherein FusionSells is compensated by the vendors for purchase and sale transactions facilitated by FusionSells and/or the FusionSells Services.
Paying By Credit Card
When you place your first order, we will collect the Transaction Data from you. We will also ask for your permission to store some or all of your Transaction Data on FusionSells operated servers to enable you to make future purchases without having to again supply all of your Transaction Data. FusionSells is committed to the security of your personal information including the credit card information included within the Transaction Data that you entrust to FusionSells . You expressly grant FusionSells permission to share necessary Transaction Data with applicable vendor(s) as well as to use the Transaction Data to process the transaction when you make a purchase though the FusionSells Services.FusionSells can not be and is not liable to you for any losses or damages associated with the inadvertent or intentional loss of or breach of security with respect to your Transaction Data to the extent such loss or breach is occasioned solely by such third party vendor(s) or by any entity other than FusionSells which is involved in the financial transaction and settlement process.
FusionSells , on behalf of its third party vendors, accepts the following credit cards at this time: VISA and MasterCard.
Taxes
You may be charged state and local sales tax, if applicable.
6. Third Parties
Parties other than FusionSells sell products and services on this site. In addition, FusionSells may in some cases provide links to the sites of affiliated companies and certain other businesses. FusionSells is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. FusionSells does not assume any responsibility or liability for the actions, products, or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use and purchases.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WHILE THIRD PARTIES MAY PROVIDE YOU WITH VARIOUS WARRANTIES AND REMEDIES AS APPLICABLE, THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES AND FUSIONSELLS PLATFORM ARE PROVIDED BY FUSIONSELLS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FUSIONSELLS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FUSIONSELLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUSIONSELLS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUSIONSELLS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
8. Miscellaneous
These terms shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against FusionSells must be resolved exclusively by a state or federal court located in Fairfax County, Virginia, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Fairfax County, Virginia for the purpose of litigating all such claims or disputes.
These terms, as modified from time to time, constitute the entire agreement between you and FusionSells with respect to the subject matter hereof. These terms replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.
FusionSells may assign these terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these terms or your use of the Services and you do not have any authority of any kind to bind FusionSells in any respect whatsoever.
Any notice to GyroPage that is required or permitted by these terms shall be in writing and shall be delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to FusionSells, 1875 campus Commons Dr., Suite 210, Reston, VA 20191, Attn: Legal Department.
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