Last Updated: November 10, 2010

NEOFUSION WEBSITE TERMS OF USE

This website, www.neofusion.com (the “NeoFusion Website”), is owned and operated by NeoFusion, LLC (referred to as "NeoFusion,” “we," "us" or "our"), a limited liability company organized under the laws of Florida.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE  NEOFUSION WEBSITE. By using this NeoFusion Website you agree to these terms of use (the “Terms”). If you do not agree to the Terms, please do not use the NeoFusion Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the NeoFusion Website following the posting of changes to the Terms will mean you accept those changes.

THE NEOFUSION WEBSITE

The NeoFusion Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the NeoFusion Website is the property of NeoFusion or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. NeoFusion hereby grants you a limited, nonexclusive, non-transferable, personal license to use the NeoFusion Website for persona or, informational purposes only. You may print and/or download and store portions of NeoFusion Website for personal use only, provided that you retain all copyright and other proprietary notices contained on the NeoFusion Website. Except as expressly authorized by NeoFusion in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the NeoFusion Website for any purpose or“frame" or "mirror" the NeoFusion Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to NeoFusion and/or its licensors.

To use certain features of the NeoFusion Website, purchase services from NeoFusion or participate in certain activities sponsored by NeoFusion, we might ask you to register as a customer, user or participant.  If so requested, each NeoFusion Website user must: (1) personally provide true, accurate, current and complete information on the NeoFusion Website's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, NeoFusion has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, NeoFusion may suspend or terminate any and all current or future use of the NeoFusion Website by that user.  A user may receive passwords and account designations upon completing certain NeoFusion Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations. 

CONTENT SUBMISSIONS

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to NeoFusion or the NeoFusion Website, shall be collectively referred to as the “Content.”   The submitting user retains ownership of Content.  Notwithstanding the user’s ownership, the submitting user grants NeoFusion the royalty-free, world-wide perpetual, non-exclusive, transferable license to NeoFusion to use, reproduce,  publish, distribute and display such Content solely on or through the NeoFusion Website.  NeoFusion has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. NeoFusion shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. NeoFusion, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of NeoFusion Website users and the public.

RULES FOR CONTENT SUBMISSION

We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the NeoFusion Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the NeoFusion Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this NeoFusion Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from NeoFusion; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights.  NeoFusion shall not be liable in any way for any Content. 

CHILDREN

The NeoFusion Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the NeoFusion Website or otherwise provide such information to NeoFusion, including but not limited to personally identifiable information.

TERMINATION

NeoFusion may terminate your use of the NeoFusion Website for: (1) breach of these Terms; (2) your abuse of NeoFusion Website resources or attempt to gain unauthorized entry to the NeoFusion Website; or (3) as required by law, regulation, court or governing agency order.  NeoFusion's termination of any user's access to the NeoFusion Website may be effected without notice and, on such termination, NeoFusion may immediately bar any further access to the NeoFusion Website. NeoFusion shall not be liable to any user or other third party for any termination of that user's access to the NeoFusion Website.  In the event of termination, NeoFusion reserves the right to delete or save a user’s Content at NeoFusion’s sole discretion.

LINKS

The NeoFusion Website may provide links to other websites. NeoFusion exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk. 

LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY

EACH USER'S USE OF THE NEOFUSION WEBSITE IS AT HIS OR HER SOLE RISK. THE NeoFusion WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  NeoFusion EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEOFUSION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE NeoFusion WEBSITE.  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 MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION

"NEOFUSION” is a trademark of NeoFusion. All other marks, names, and logos mentioned on the NeoFusion Website are the property of NeoFusion or their respective owners. Your use of the NeoFusion trademarks and other marks, names and logos set forth on the NeoFusion Website without prior written consent is strictly prohibited. 

COPYRIGHTS

NeoFusion respects the intellectual property rights of others, and requires that the people who use the NeoFusion Website do the same. It is our policy to respond promptly to claims of intellectual property misuse.  If you believe that your work has been copied and is accessible on this NeoFusion Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:  (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit NeoFusion to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:

John Roberts

New Counsel, PLC

233 Park Avenue, Suite 203

Minneapolis, Minnesota  55415
612-659-8443

jroberts@newcounsel.com

PRIVACY

NeoFusion agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://www.neofusion.com/privacy/ or by sending an e-mail request to:  privacy@neofusion.com.

GENERAL INFORMATION

The Terms constitute the entire agreement between each user and NeoFusion and govern each user's use of NeoFusion Website, superseding any prior agreements. The Terms and the relationship between each user and NeoFusion shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota.  This NeoFusion Website is controlled and operated by NeoFusion from its offices within the State of Minnesota, United States of America. NeoFusion makes no representation that materials in the NeoFusion Website are appropriate or available for use in other locations. Those who choose to access this NeoFusion Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.   If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between NeoFusion and any user.