Terms & Conditions
Legal Terms and Conditions
SCOPE
These Legal Terms and Conditions apply to the entire FUSION DIGITAL SOLUTIONS
Web site and all portions of the site contained therein (excluding links to other
Web sites as provided below). These Legal Terms and Conditions shall apply to
any future portions of the FUSION DIGITAL SOLUTIONS Web site (excluding links
to other Web sites as provided below) unless otherwise stated.
USE OF THIS WEB SITE
Use of this Web site and access to the material it contains is subject to the
following Legal Terms and Conditions as well as to applicable laws. Your access
to and browsing of this Web site constitutes your full acceptance of these
Legal Terms and Conditions. We reserve the right, at our sole discretion, to
update or revise these Legal Terms and Conditions. Please check the Legal Terms
and Conditions periodically for changes. Your continued use of this site
following the posting of any changes to the Legal Terms and Conditions constitutes
acceptance of those changes.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of this Web site, you will not use the Web site for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Web site in any manner that could damage, disable,
overburden, or impair any FUSION DIGITAL SOLUTIONS server, or the network(s)
connected to any FUSION DIGITAL SOLUTIONS server, or interfere with any other
party's use and enjoyment of the Web site. You may not attempt to gain
unauthorized access to any computer systems or networks connected to any FUSION
DIGITAL SOLUTIONS server or other systems, through hacking, password mining or
any other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the Web
site. FUSION DIGITAL SOLUTIONS makes no representation that the Web site is
appropriate or available for use in locations outside the United States, and
accessing the Web site from territories where such content is illegal is
prohibited. Those who choose to access this Web site from locations outside the
United States do so at their own initiative and are responsible for compliance
with all applicable laws.
SECURITY
You are responsible for maintaining the confidentiality of your logon information,
and are fully responsible for all activities that occur under your password or
user name. You agree (a) to immediately notify FUSION DIGITAL SOLUTIONS of any
unauthorized use of your password or user name or any other breach of security,
and (b) to ensure that you exit from your account at the end of each session.
LINKS TO OTHER WEB SITES
This Web site may contain links to other Web sites not owned or managed by FUSION
DIGITAL SOLUTIONS or its affiliates. FUSION DIGITAL SOLUTIONS provides such
links solely for the convenience of our visitors. FUSION DIGITAL SOLUTIONS is
not responsible for the accuracy, legal or regulatory compliance, decency, or
any other aspect of the content of such sites, and such sites are not
investigated, monitored, or checked for accuracy or completeness by FUSION
DIGITAL SOLUTIONS. The inclusion of links to such sites does not imply approval
or endorsement of the site by FUSION DIGITAL SOLUTIONS or any association with
its operators. We urge you to read the terms of use policies on linked Web
sites before utilizing their products or services as FUSION DIGITAL SOLUTIONS
is not responsible for these areas.
PROPRIETARY RIGHTS
Copyrights. FUSION DIGITAL SOLUTIONS is the owner or licensee of
all copyrights in and to the content on this Web site, including without
limitation, (i) all materials, documentation, text, data, graphics, graphs,
charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and
interfaces contained on this Web site; and (ii) the design, selection and
arrangement of this Web site. All rights reserved.
Unless otherwise specified, you are granted a
personal, non-exclusive, non-transferable, limited right to access, use, and
display this Web site and the materials provided hereon for the purpose of
obtaining and reviewing your account information. Specifically, you are granted
permission to view or download a single copy of the material on the Web site
solely to access our services, place orders, and review your account
information. When content is downloaded to your computer, you do not obtain any
ownership interest in such content, any modifications of the content, or any
use of the content for any other purpose than that expressly permitted herein.
Ownership of all such content shall at all times remain with FUSION DIGITAL
SOLUTIONS or its licensors. FUSION DIGITAL SOLUTIONS and its licensors reserve
all rights not expressly granted to you. Use of the copyrightable material on
this Web site for any purpose not expressly authorized herein without the prior
written permission of FUSION DIGITAL SOLUTIONS or its licensors is forbidden.
Trademarks. All trademarks, service marks, trade names,
logos, and other designations (collectively the "Marks") are the sole
property of FUSION DIGITAL SOLUTIONS, or other third parties that have granted FUSION
DIGITAL SOLUTIONS the right and license to use such Marks. Nothing contained on
this Web site should be construed as granting any license or right to use any
such Marks without the written permission of FUSION DIGITAL SOLUTIONS or such
third party that may own the Marks displayed.
Your Information. We reserve the right, and you authorize us, to
use and freely assign all information regarding the use of this Web site by you
and all information provided by you in any manner consistent with our Privacy
Statement.
LATE PAYMENT PENALTY
Invoices outstanding past due date are subject to a 2.5% per month late payment penalty.
TYPOGRAPHICAL OR OTHER
ERRORS
While FUSION DIGITAL SOLUTIONS takes reasonable care and skill to provide
information which is accurate and up to date when first included on the Web
site, typographical and other errors may nevertheless occur. FUSION DIGITAL
SOLUTIONS does not undertake to update or correct such information and reserves
the right to modify, delete and rearrange any or all of the contents of this
Web site at any time without notice to you. While FUSION DIGITAL SOLUTIONS
makes reasonable efforts to prevent unauthorized tampering with the Web site, FUSION
DIGITAL SOLUTIONS does not guarantee that its efforts will always be
successful. Therefore, as set below, FUSION DIGITAL SOLUTIONS does not warranty
that the Web site materials will be error-free, and disclaims any liability for
such errors.
DISCLAIMER OF WARRANTIES
FUSION DIGITAL SOLUTIONS MAKES NO REPRESENTATION AS TO THE ACCURACY,
TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED
BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. FUSION DIGITAL SOLUTIONS
PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION,
INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS AND CONDITIONS, AT THE WEB SITE
WITHOUT NOTICE. FURTHER, FUSION DIGITAL SOLUTIONS ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR
ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. FUSION
DIGITAL SOLUTIONS SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON
THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS
SITE.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE
"CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, AND TITLE.
FUSION DIGITAL SOLUTIONS makes no representation
that the Web site or its contents are appropriate for use in every country of
the world. Your use of this Web site is at your own risk and you are
responsible for compliance with applicable local laws, keeping in mind that
access to the Web site may not be legal by certain persons or in certain
jurisdictions.
Some states or nations may not allow the
disclaimer of certain warranties, so the above limitations may not apply to you
in all cases.
LIMITATION OF LIABILITY
Use of the FUSION DIGITAL SOLUTIONS Web site or any software application
installed by you in connection with the use of this Web site, is at your sole
risk. While FUSION DIGITAL SOLUTIONS makes reasonable efforts to ensure the
safety and functionality of our Web site and any software applications
associated with its Web site, these efforts may fail and errors may occur. IN
NO EVENT SHALL FUSION DIGITAL SOLUTIONS OR ANY OTHER PARTY INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE
APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM
FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE
ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION
INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS' INABILITY TO
USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY
THEORY OF LIABILITY. FUSION DIGITAL SOLUTIONS WILL NOT BE LIABLE OR RESPONSIBLE
FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT
OF THIS SITE. THESE WAIVERS APPLY EVEN IF FUSION DIGITAL SOLUTIONS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FUSION DIGITAL
SOLUTIONS'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR
OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO FUSION DIGITAL SOLUTIONS
FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED
WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US
WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY
REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL
PURPOSE. Some states do not allow the exclusion of liability for consequential
damages, so the above limitations may not apply to you in all cases.
FORWARD LOOKING
STATEMENTS
THE CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY FUSION DIGITAL SOLUTIONS OR
ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR BUSINESS PARTNERS AND AVAILABLE
THROUGH FUSION DIGITAL SOLUTIONS'S WEBSITES MAY CONTAIN FORWARD-LOOKING
STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM
ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THE SITE AND
CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS
"MAY," "COULD," "EXPECT," "ANTICIPATE,"
"INTEND," "BELIEVE," "PLAN,"
"ESTIMATE," "FORECAST," "PROJECT," OR OTHER
COMPARABLE TERMS OR THE NEGATIVE THEREOF. THE COMPANY PROVIDES THE FOLLOWING
CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE
FUTURE RESULTS TO DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS
AND ASSUMPTIONS EXPRESSED OR IMPLIED HEREIN. THE FORWARD-LOOKING STATEMENTS
INCLUDED HEREIN ARE BASED ON THEN-CURRENT EXPECTATIONS OF MANAGEMENT. ALL
FORWARD-LOOKING STATEMENTS MADE BY US ARE SUBJECT TO RISKS AND UNCERTAINTIES
AND ARE NOT GUARANTIES OF FUTURE PERFORMANCE. FORWARD-LOOKING STATEMENTS
INVOLVE KNOWN AND UNKNOWN FACTORS, RISKS AND UNCERTAINTIES THAT MAY CAUSE OUR
ACTUAL RESULTS, PERFORMANCE AND ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE
MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS
EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS
AND UNCERTAINTIES INCLUDE, BUT ARE NOT LIMITED TO, THE FACTORS DESCRIBED UNDER
"RISK FACTORS" DISCUSSED IN OUR PERIODIC FILINGS MADE WITH THE
SECURITIES AND EXCHANGE COMMISSION. THE COMPANY CAUTIONS THAT THESE FACTORS MAY
NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE BEYOND THE COMPANY'S
ABILITY TO CONTROL OR PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD
NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO
DUTY AND HAS NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless FUSION DIGITAL SOLUTIONS and
its affiliates, parents, subsidiaries, and their respective employees, agents,
contractors, officers, directors, successors and assigns from all liabilities,
claims, damages and expenses, including without limitation attorneys' fees and
costs, that arise from your use, misuse of this site or use of any software
application associated with the use of this Web site.
TERMINATION
FUSION DIGITAL SOLUTIONS shall have the right immediately to terminate this
agreement with you and your use of the Web site if it determines in its sole
discretion that you have breached any of these Legal Terms and Conditions or
otherwise been engaged in conduct which FUSION DIGITAL SOLUTIONS determines in
its sole discretion to be unacceptable.
CHOICE OF LAW AND FORUM
These Legal Terms and Conditions shall be governed by and construed in
accordance with the laws of the state of Michigan, without regard to such
state's rules regarding conflicts of laws. By accessing this Web site, you
agree that courts located in the Southfield, Michigan or in Oakland County
within those federal judicial districts shall have exclusive jurisdiction over
all claims and actions arising out of or relating to these Legal Terms and
Conditions and/or your use of this site, and you further agree and submit to
the exercise of personal jurisdiction of such courts and consent to
extra-territorial service of process for the purpose of litigating any such
claim or action.
RECORDS
A printed version of these Legal Terms and Conditions and of any notice given
in electronic form will be admissible in judicial or administrative proceedings
relating to these Legal Terms and Conditions to the same extent and subject to
the same conditions as other business documents originally generated and
maintained in printed form. For purposes of any dispute, FUSION DIGITAL SOLUTIONS's
records shall be conclusive in all respects.
INTEGRATION AND
SEVERABILITY
These Legal Terms and Conditions constitute the entire agreement between you
and FUSION DIGITAL SOLUTIONS with respect to this Web site and supersede all
prior or contemporaneous communications and proposals (whether oral, written,
or electronic) between you and FUSION DIGITAL SOLUTIONS with respect to this
site. If any part of these Legal Terms and Conditions is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
International Terms & Conditions
We proudly serve Dental professionals and
governments throughout the world.
At your instructions, orders can be shipped by
Air Cargo, Ocean Cargo, FedEx, UPS International.
All prices in our catalog are quoted in U.S.
dollars, f.o.b., Dexter, Michigan. We request payment in U.S. dollars by any of
the following means:
- American Express, Visa, or
Mastercard.
- Bank wire transfer.
Last Updated: Feb 3, 2018