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OVERVIEW
This website is operated by Fuzion & Beyond Holdings Inc. or one of its affiliates (“Fuzion Flooring”, “we”, “us”, “our”). By visiting our website (“Website”) and/ or purchasing sample products from us (“Products”), you engage in our “Services” and agree to be bound by these terms and conditions (“Terms”). For purposes of these Terms, “you” and “your” means you as the user of the Services. These Terms apply to all users of the Services, including users who are browsers, vendors, customers, merchants, and/ or contributors of content.
THESE TERMS CONTAIN LEGAL OBLIGATIONS AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FUZION. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, WHICH FORMS AN ESSENTIAL PART OF THESE TERMS.
Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to provide Services to you.
SECTION 1 – GENERAL CONDITIONS
You shall not and shall not permit or assist any other person to, directly or indirectly: (i) download, reproduce, copy, compile for an internal database, distribute, transfer, sell, license, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, broadcast, or otherwise exploit any of the content, material or information on the Website in any form or medium (except that your computer and browser may temporarily store or cache copies of materials and information being accessed and viewed); or (ii) attempt to decompile, disassemble or reverse engineer, or otherwise determine the source code, algorithms, methods or techniques embodied by, any software or database contained in or accessed through the Website.
You are not permitted to modify copies of any materials available on the Website, nor delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available on the Website. You must not access or use any part of our Website for any purpose not expressly permitted by these Terms. You must not use the Website in any manner that could (i) disable, overburden, damage or impair the Website or any part of it, (ii) inhibit, restrict or interfere with any other person’s use and enjoyment of the Website or any part of it, or (iii) expose us or any other user to any harm or liability of any type.
You agree and understand that your continued use of our Services is at our sole and absolute discretion, and that you will not seek to hold us liable for any suspension, restriction or termination of your use of the Services.
SECTION 2 – AGE AND ACCEPTANCE OF TERMS
By accessing or using our Services, you represent that (a) you are at least the age of majority in your state or province of residence and can form a binding contract with Fuzion; (b) you accept these Terms; and (c) you agree to comply with these Terms. If you are under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms, as well as supervise your use of the Services. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify this Website’s contents at any time, but we have no obligation to update any information on our Website. You are responsible to monitor changes to our Website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The information and material on the Website, and the Website itself, may be changed, withdrawn or terminated at any time, in our sole discretion and without advance notice to you. Prices for our Products are subject to change without notice. You agree that we will not be liable if, for any reason, all or any part of our Services are changed, withdrawn, terminated, restricted to registered users, or unavailable at any time or for any period, or if such restriction or unavailability impacts the use, functionality or value of the Services.
SECTION 5 – PERSONAL INFORMATION
You also acknowledge that you have read the terms of our Privacy Policy , and hereby consent to the collection, use and disclosure by us and our service providers of your personal information in accordance with the Privacy Policy.
SECTION 6 – PRODUCTS
You may be able to order sample Products through the Website. If we make that functionality available to you, then you may order Products as set out below.
Your placement of an order is an offer to us to buy a Product, and is subject to our acceptance. If we accept your order, we will confirm our acceptance and the contract between you and us regarding the purchase of the Product(s) you order will only be formed when we send you that confirmation and will only relate to those Products to which the confirmation relates. We will not be obliged to supply any other Products that may have been part of your order until we confirm the dispatch of those Products in a separate order confirmation. You should check all emails regarding your purchases carefully to ensure that their details are correct.
Under no circumstances will the terms, conditions or provisions of any purchase order, invoice or other administrative document issued by you in connection to any purchase of Products be deemed to modify, alter or expand the rights, duties or obligations of you or us under, or otherwise modify, these Terms, regardless of our failure to object to those terms, provisions, or conditions.
We will ship Products using common carriers as we select in our sole discretion. Delivery times may vary. You are responsible for giving us your correct delivery details are provided. We are not responsible for reshipping orders if you provide incorrect details. Title to and risk of loss of Products pass to you upon our delivery to the common carrier, and risk in relation to Products being returned to us passes from you to us upon our receipt of the returned Products.
Payments must be made in advance. We may change our prices from time to time, but any such change will not affect orders in respect of which we have already sent a confirmation.
You may pay us through the third-party payment processors made available on the Website. You must comply with the terms of all agreements between you and them, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. We may need to share your payment details with third party service providers. This will be done in accordance with our Privacy Policy. By providing us with this information, you specifically authorise us to share that information as described.
All Product descriptions available on our Website are as accurate as possible (errors and omissions excepted). We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Website. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
All descriptions of Products and Product pricing are subject to change at any time and from time to time without notice, in our sole and absolute discretion.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. We reserve the right to change what Products are available for purchase through our Website, or to discontinue any Product, at any time and from time to time, without notice, at our sole and absolute discretion. We reserve the right to discontinue any Product at any time.
All Products are backed by their manufacturer’s warranties, if any. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website.
SECTION 8 – LINKS
Any third-party websites, applications, or resources that are linked to from our Website are not under our control, and you access, use, and rely on them at your own risk. We do not assume any responsibility or liability for these linked sites, applications, or resources or their contents. We provide all such links for your convenience only; they are not an endorsement, approval, or referral by us.
If you wish to provide a link to the Website from your own web site, you may only link to our home page at <?>. You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site, products, services, or business.
SECTION 9 – INTELLECTUAL PROPERTY RIGHTS
In these Terms, “Content” means all materials, information and content, including designs, editorial, text, images, graphics, illustrations, photographs, pictures, audiovisual materials, multimedia elements, videos, audio, music, sound effects, sound recordings, reports, documents, software, formulae, patterns, data and any other works.
Our Content
All rights, title and interest in and to our Website and all Content, source code, computer code, scripts, tools, patches, updates, processes, technologies, URLs, domain names, marks and logos forming any part of or made available through the Website, and the features, functionality, arrangement, presentation and “look and feel” of the Website, and all intellectual property rights related to the foregoing (collectively, “Our Content”), are protected by copyright and other proprietary rights, all of which Fuzion owns or has the right to use.
Subject to all of the Terms, you have a non-exclusive, personal, non-transferable, non-sublicensable, revocable, limited licence to access and use the Services and to access Our Content for your personal, non-commercial purposes. Nothing in your access to or use of the Services, or in these Terms, grants you any right, title or interest in or to Our Content, except the limited rights set out above. We reserve all rights not expressly granted by these Terms in the Services and Our Content.
Trademarks
Fuzion’s names and logos and all related names, logos, product and service names, designs, images, slogans and marks mentioned or that appear on the Website (collectively, “Our Marks”) are trademarks of Fuzion or our licensors. You must not use Our Marks for any purpose without our prior written permission. Other names, logos, product and service names, designs, images, slogans and marks mentioned or that appear on the Website belong their respective owners. Except as expressly indicated on our Website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third-party trademarks.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All right, title and interest in and to any comments, content, ideas, reviews, suggestions, impressions and other feedback regarding the Services that you submit to or through our Website or otherwise provide to us (collectively, “Feedback”) is and shall be deemed to be our property. By submitting or providing Feedback to us, you thereby assign all right, title and interest in and to that Feedback to us and waive any moral rights or other rights of authorship you may have in or to that Feedback in favour of Fuzion.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, use or otherwise exploit, in any medium and for any purpose, commercial or otherwise, any Feedback that you submit or provide to us. We are and shall be under no obligation to: (a) maintain any Feedback in confidence; (b) pay compensation for any Feedback; (c) acknowledge the source of any Feedback; or (d) respond to any Feedback.
Responsibility for Content
You are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any Feedback and any other content, information or material received from, or transmitted or sent by, you using our Services. By submitting or providing Feedback, you represent and warrant that: (a) you have or own all necessary legal rights to submit the Feedback (including all rights required to grant the foregoing license to us or to assign such Feedback to us) and that the Feedback does not and will not violate any law or rights of any third party (including intellectual property, privacy, personality or other personal or proprietary rights); and (b) your Feedback does not and will not contain libelous, defamatory or otherwise unlawful, offensive, abusive, threatening, pornographic, obscene or objectionable material, or any computer virus or other malware that could in any way affect the operation of our Services. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback.
We have no obligation to review any Feedback, either before or after it is provided. We are not responsible or legally liable to any third party for the content, accuracy, or infringing nature of any Feedback submitted or provided by you, and you agree to indemnify, defend and hold harmless Fuzion against any claims, lawsuits, or disputes brought by third parties based on your Feedback.
Third Party Content
Content accessed or available through the Website or the Internet may be owned by parties other than you or us (collectively, “Third-Party Content”) and may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of our Services, or these Terms, grants you any right, title or interest in or to this Third-Party Content, except the limited right to use our Website as set out above.
Compliance and Complaints
If you believe that any content on our Website infringes upon any copyright or other intellectual property right that you own or control, of if you otherwise object to any content that you find on our Website, you may send a written notification to us by email at service@fuzionflooring.com. If we receive a notification of any alleged infringement or objectionable content, we will investigate such complaint and, if we determine that it is justified, we may remove or disable access to the allegedly infringing or objectionable content.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (i) if you are not fully able and legally competent to agree to these Terms; (ii) for any unlawful purpose or in violation of these Terms or any applicable laws and regulations; (iii) to solicit others to perform or participate in any unlawful acts; (iv) to infringe upon or violate, or promote the infringement or violation of, our intellectual property rights or the intellectual property or legal rights of others (including rights of publicity and privacy); (v) to violate the terms of use of any third-party website or service that is linked to the Website; (vi) to harass, abuse, threaten, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (vii) to submit false, inaccurate or misleading information, or impersonate any person, or falsely state or otherwise misrepresent you or your affiliation with any person; (viii) to upload or transmit any viruses or any other type of malicious code or technologically harmful material; (ix) to collect or track the personal information of others; (x) to transmit any unsolicited or unauthorized advertising, solicitations, junk mail or spam; (xi) to phish, pharm, pretext, spider, crawl or scrape for any purpose, including training or otherwise developing artificial intelligence systems, purchasing products or monitoring or copying any of the material or information on the Website; (xii) to interfere with or circumvent the security features of, or to attempt to gain unauthorized access to, the Website or any part thereof; or (xiii) to build a competitive product or service, to copy any features, functions or graphics, or the design or layout of the Website, or to incorporate the Website or any part thereof into any other program or product. We reserve the right to terminate your access to or use of the Services or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
CERTAIN JURISDICTIONS 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 FOLLOWING DISCLAIMERS, EXLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES, INCLUDING, ANY CONTENT YOU MAY ACCESS WHILE USING OUR WEBSITE, IS AT YOUR OWN RISK; (B) YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH OUR WEBSITE OR SERVICES BEFORE RELYING ON IT; (C) THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND (D) WE MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, USABILITY, QUALITY, CAPACITY, PERFORMANCE, ACCURACY, CURRENCY, AVAILABILITY, SAFETY, HEALTH RISKS, OR SPECIFIC RESULTS OF THE PRODUCTS OR THE SERVICES, OR ANY CONTENT ON THE WEBSITE. WE EXPRESSLY DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES , CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT.
Your use of our Website may depend on the public Internet, including networks, cabling, facilities and equipment that is not in our control. Accordingly: (i) we cannot guarantee any minimum level regarding the performance, speed, reliability, availability, use or consistency, or that the Website will be secure or free of bugs, viruses or other harmful or destructive code; and (ii) data, messages, information or materials sent over the Internet may not be completely private and your anonymity is not guaranteed. You are solely responsible for configuring your computer, device and information technology to access or use the Website, and the security thereof. You should use your own virus protection software. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Website.
Limitation of Liability
EXCEPT TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL FUZION, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, DISTRIBUTORS, SERVICE PROVIDERS, LICENSORS, LICENSEES, REPRESENTATIVES OR SUCCESSORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF PROFITS, SAVINGS, REVENUES, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS, THE WEBSITE, PRODUCTS OR THE SERVICES, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER THEORY OF LIABILITY, (COLLECTIVELY, “EXCLUDED DAMAGES“) EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE REASONABLY FORESEEN ANY SUCH DAMAGES OR LOSSES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL EXCLUDED DAMAGES.
SECTION 14 – INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree, at your sole cost, to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, proceedings, causes of action, demands, debts, liabilities, damages, judgments, awards, losses, fines, penalties, charges, costs and expenses (including reasonable legal fees and expenses) of any kind and character whatsoever incurred by us, including any amount paid to settle any such action or to satisfy a judgment, arising out of or relating to: (a) access to or use of, or activities in connection with, our Website or Services, whether by you or permitted by you; (b) your Feedback; or (c) any of your acts or omissions, including your breach or non-performance of these Terms or your illegal or otherwise wrongful conduct (including violation of any third party’s rights).
SECTION 15 – TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part of them).
SECTION 16 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules.
Any action or proceeding arising out of the Services, or under these Terms will be instituted in the courts of the Province of Ontario sitting in the City of Toronto, and you irrevocably consent to the exclusive jurisdiction of those courts in any such action or proceeding, and you waive any objections to the exercise of jurisdiction over you by those courts and to the venue of those courts.
You and we agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms, the Services, the Products, or to any dispute or transaction arising out of these Terms or the use of the Services or the Products.
SECTION 17 – ENGLISH LANGUAGE
The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
In the event of any conflict or inconsistency between the Terms in the English and any translation thereof in any other language, the English version will prevail, except for in Quebec, in which the French version will prevail. Please click here for an official French translation of these Terms[YC3] .
SECTION 18 – CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page. We may change the Terms on occasion without notice, and you should revisit the Website periodically to review the then-current Terms. Revised Terms are effective once posted on or accessible from the Website, and apply to your continued access to and use of the Services. Your use of the Services now, or your continued use of the Services following the implementation of updated Terms, will indicate your acceptance of the Terms or modifications
SECTION 19 – GENERAL
If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by Fuzion will impair any of Fuzion’s rights or remedies that are not expressly waived in writing. These Terms and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your access to and use of the Website and Services, and supersedes all prior agreements, understandings, negotiations and discussions between you and us regarding. Fuzion will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms or the Services should be sent to us at service@fuzionflooring.com.
This is the only authorized way to contact us, and we are not responsible or liable for any third-party advertisement, publication, or communication that provides alternative ways to contact us or uses other measures to pose as us.