This Privacy Policy applies when you use our Services. We offer our users choices about the data we collect, use and share as described in this Privacy Policy.

 

Table of Contents

1. Data We Collect
2. How We Use Your Data
3. How We Share Information
4. Your Choices and Obligations
5. Other Important Information

 

Introduction

We are a social network and mobile tool. People use our Services to find and be found for business opportunities, to connect with others (via a digital business card), create work contracts, build their USEFUZE Profile and transact with their clients. Our Privacy Policy applies to any Fuzer or Visitor to our Services.

 

Our registered users (“Fuzers”) share their work identities, build and post content to their digital business card and grow their USEFUZE Profile. Content and data is viewable to non-members (“Visitors”).

 

Services

This Privacy Policy applies to your use of our Services.

This Privacy Policy applies to USEFUZE.com and the USEFUZE app. 

 

Data Controllers and Contracting Parties

USEFUZE Inc. will be the controller of your personal data provided to, or collected by or for, or processed in connection with, our Services.

 

As a Visitor or Fuzer of our Services, the collection, use, and sharing of your personal data is subject to this Privacy Policy and other documents referenced in this Privacy Policy, as well as updates.

 

Change

Changes to the Privacy Policy apply to your use of our Services after the “effective date.”

USEFUZE (“we” or “us”) can modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account.

 

You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use, and sharing of your personal data is subject to the updated Privacy Policy, as of its effective date.

 

1. Data We Collect

 

1.1 Data You Provide To Us

 

You provide data to create an account with us.

 

Registration:

To create an account you need to provide data including your name, email address and/or mobile number, and a password. If you register for any paid Service(s) you will need to provide payment (e.g., credit card) and billing information.

 

Profile:

You have choices about the information on your profile, such as your education, work experience, skills, photo, city or area. You don’t have to provide additional information on your profile; however, profile information helps you to get more from our Services. It’s your choice whether to include sensitive information on your profile and to make that sensitive information public. Please do not post or add personal data to your profile that you would not want to be publicly available.

 

You give other data to us, such as by syncing your address book or calendar.

 

Posting and Uploading:

We collect personal data from you when you provide, post or upload it to our Services, such as when you fill out a form, respond to a survey, or fill out a job contract on our Services. If you opt to import your address book, we receive your contacts (including contact information your service provider(s) or app automatically added to your address book when you communicated with addresses or numbers not already in your list).

If you sync your contacts or calendars with our Services, we will collect your address book and calendar meeting information to keep growing your brand by suggesting future services and/or connections.

You don’t have to post or upload personal data; though if you don’t, it may limit your ability to grow and engage with your network over our Services.

 

1.2 Data From Others:

 

Others may post or write about you.

 

Content and News:

You and others may post content that includes information about you (as part of articles, posts, comments, videos) on our Services. We also may collect public information about you, such as work-related news and accomplishments, and make it available as part of our Services, including, as permitted by your settings.

 

Others may sync their contacts or calendar with our Services

 

Contact and Calendar Information:

We receive personal data (including contact information) about you when others import or sync their contacts or calendar with our Services, associate their contacts with Fuzer profiles, scan and upload business cards, or send messages using our Services. If you or others opt-in to sync email accounts with our Services, we will also collect “email header” information that we can associate with Fuzer profiles.

 

Customers and partners may provide data to us.

 

Partners:

We receive personal data about you when you use the services of our customers and partners, such as employers or prospective employers. 

 

Related Companies and Other Services:

We receive data about you when you use some of the other services provided by us or our affiliates. 

 

1.3 Service Use

 

We log your visits and use of our Services, including mobile apps.

 

We log usage data when you visit or otherwise use our Services, including our sites, app and platform technology, such as when you view or click on content or ads (on or off our sites and apps), perform a search, install or update one of our mobile apps, share articles or contract for jobs. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.

 

1.4 Cookies and Similar Technologies

 

We collect data through cookies and similar technologies.

 

We use cookies and similar technologies (e.g., pixels and ad tags) to collect data (e.g., device IDs) to recognize you and your device(s) on, off and across different services and devices where you have engaged with our Services. We also allow some others to use cookies as described in our Cookie Policy. If you are outside the Designated Countries, we also collect (or rely on others who collect) information about your device where you have not engaged with our Services (e.g., ad ID, IP address, operating system and browser information) so we can provide our Fuzers with relevant ads and better understand their effectiveness. 

 

1.5 Your Device and Location

 

We receive data through cookies and similar technologies

 

When you visit or leave our Services (including some plugins and our cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to, and the time of your visit. We also get information about your network and device (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or your mobile carrier). If you use our Services from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise location.

 

1.6 Messages

 

If you communicate through our Services, we learn about that.

 

We collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get a USEFUZE work estimate request, we track whether you have acted on it and may send you reminders. We also use automatic scanning technology on messages to support and protect our site. For example, we use this technology to suggest possible responses to messages and to manage or block content that violates our User Agreement or Professional Community Policies from our Services.

 

1.7 Sites and Services of Others

 

We get data when you visit sites that include our ads, cookies or some of our plugins or when you log-in to others’ services with your USEFUZE account.

 

We receive information about your visits and interaction with services provided by others when you log-in with USEFUZE or visit others’ services that include some of our plugins or our ads, cookies or similar technologies.

 

1.8 Other

 

We are improving our Services, which means we get new data and create new ways to use data.

 

Our Services are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we collect, use or share your data, we will notify you and may also modify this Privacy Policy.

 

2. How We Use Your Data

 

We use your data to provide, support, personalize and develop our Services.

 

How we use your personal data will depend on which Services you use, how you use those Services and the choices you make in your settings. We use the data that we have about you to provide and personalize our Services, including with the help of automated systems and inferences we make, so that our Services (including ads) can be more relevant and useful to you and others.

 

2.1 Services

 

Our Services help you connect with others, find and be found for work and business opportunities, stay informed, get training and be more productive.

 

We use your data to authorize access to our Services and honor your settings.

 

Our Services allow you to stay in touch and up to date with colleagues, partners, clients, and other work contacts. To do so, you can “connect” with the Fuzers who you choose, and who also wish to “connect” with you. Subject to your and their settings, when you connect with other Fuzers, you will be able to search each others’ connections in order to exchange work opportunities.

 

We use data about you (such as your profile, profiles you have viewed or data provided through address book uploads or partner integrations) to help others find your profile, suggest connections for you and others (e.g. Fuzers who share your contacts or job experiences) and enable you to invite others to become a Fuzer and work with you. You can also opt-in to allow us to use your precise location or proximity to others for certain tasks (e.g. to suggest other nearby Fuzers for you to connect with or calculate the commute to jobsite.)

 

It is your choice whether to invite someone to our Services, send a connection request, or allow another Fuzer to become your connection. When you invite someone to connect with you, your invitation will include your network and basic profile information (e.g., name, profile photo, job title, region). We will send invitation reminders to the person you invited. 

 

Visitors have choices about how we use their data.

 

Our Services allow you to stay informed about news, events, and ideas regarding work topics/services you care about, and from Fuzers you respect. Our Services also allow you to improve your work skills, or learn new ones. We use the data we have about you (e.g., data you provide, data we collect from your engagement with our Services and inferences we make from the data we have about you), to personalize our Services for you, such as by recommending or ranking relevant content and conversations on our Services. We use your content, activity and other data, including your name and photo, to provide notices to your network and others. 

 

Career

 

Our Services allow you to explore careers, evaluate educational opportunities, and seek out, and be found for, career opportunities. Your profile can be found by those looking to hire (for a job or a specific task) or be hired by you. We will use your data to recommend jobs or mentees, show you and others relevant professional contacts (e.g., who work at a company, in an industry, function or location or have certain skills and connections). We will use your data to recommend jobs to you and you to other Users. We may use automated systems to provide content and recommendations to help make our Services more relevant to our Fuzers, Visitors and customers. Keeping your profile accurate and up-to-date may help you better connect to others and to opportunities through our Services.

 

Productivity

 

Our Services allow you to collaborate with Fuzers, search for potential clients, customers, partners, and others to do business with. Our Services allow you to communicate with other Fuzers and schedule and prepare meetings with them. If your settings allow, we scan messages to provide “bots” or similar tools that facilitate tasks such as scheduling meetings, drafting responses, summarizing messages or recommending next steps.

 

2.2 Communications

 

We contact you and enable communications between Fuzers. We offer settings to control what messages you receive and how often you receive some types of messages.

 

We will contact you through email, mobile phone, notices posted on our websites or apps, messages to your USEFUZE inbox, and other ways through our Services, including text messages and push notifications. We will send you messages about the availability of our Services, security, or other service-related issues. We also send messages about how to use our Services, network updates, reminders, job suggestions and promotional messages from us and our partners. You may change your communication preferences at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.

 

2.3 Advertising

 

We serve you tailored ads both on and off our Services. We offer you choices regarding personalized ads, but you cannot opt-out of seeing other ads.

 

We target (and measure the performance of) ads to Fuzers, Visitors, and others both on and off our Services directly or through a variety of partners, using the following data, whether separately or combined:

• Data from advertising technologies on and off our Services, pixels, ad tags, cookies, and device identifiers;
• Fuzer-provided information (e.g., profile, contact information, and industry);
• Data from your use of our Services (e.g., search history, feed, content you read, who you follow or is following you, connections, groups participation, page visits, videos you watch, clicking on an ad, etc.), including as described in Section 1.3;
• Information from advertising partners, vendors, and publishers; and
• Information inferred from data described above (e.g., using job titles from a profile to infer industry, seniority, and compensation bracket; using graduation dates to infer age or using first names or pronoun usage to infer gender; using your feed activity to infer your interests, or using device data to recognize you as a Fuzer).

 

We will show you ads called sponsored content which look similar to non-sponsored content, except that they are labeled as advertising (e.g., as “ad” or “sponsored”). If you take a social action (such as like, comment or share) on these ads, your action is associated with your name and viewable by others, including the advertiser. Subject to your settings, if you take a social action on the USEFUZE Services, that action may be mentioned with related ads. For example, when you like a company we may include your name and photo when their sponsored content is shown.

 

Ad Choices:

We adhere to self-regulatory principles for interest-based advertising and participate in industry opt-outs from such ads. This does not opt you out of receiving advertising; you will continue to get other ads by advertisers not listed with these self-regulatory tools. You can also opt-out specifically from our uses of certain categories of data to show you more relevant ads.

 

Info to Ad Providers:

We do not share your personal data with any third-party advertisers or ad networks except for: (i) hashed IDs or device identifiers (to the extent they are personal data in some countries); (ii) with your separate permission (e.g., in a lead generation form) or (iii) data already visible to any users of the Services (e.g., profile). However, if you view or click on an ad on or off our Services, the ad provider will get a signal that someone visited the page that displayed the ad, and they may, through the use of mechanisms such as cookies, determine it is you. Advertising partners can associate personal data collected by the advertiser directly from you with hashed IDs or device identifiers received from us. In such instances, we seek to contractually require such advertising partners to obtain your explicit, opt-in consent before doing so.

 

2.4 Marketing

 

We promote our Services to you and others.

 

In addition to advertising our Services, we use Fuzers’ data and content for invitations and communications promoting membership and network growth, engagement, and our Services, such as by showing your connections that you have used a feature on our Services.

 

2.5 Developing Services and Research

 

We develop our Services and conduct research

 

Service Development:

We use data, including public feedback, to conduct research and development for our Services in order to provide you and others with a better, more intuitive, and personalized experience, drive membership growth and engagement on our Services, and help connect Fuzers to each other and to economic opportunity.

 

Other Research:

We seek to create economic opportunity for Fuzers of the global workforce and to help them be more productive and successful. We use the personal data available to us to research social, economic, and workplace trends, such as jobs availability and skills needed for these jobs and policies that help bridge the gap in various industries and geographic areas. In some cases, we work with trusted third parties to perform this research, under controls that are designed to protect your privacy. We publish or allow others to publish economic insights, presented as aggregated data rather than personal data.

 

Surveys:

Polls and surveys are conducted by us and others through our Services. You are not obligated to respond to polls or surveys, and you have choices about the information you provide. You may opt out of survey invitations.

 

2.6 Customer Support

 

We use data to help you and fix problems.

 

We use data (which can include your communications) to investigate, respond to and resolve complaints and for Service issues (e.g., bugs).

 

2.7 Insights That Do Not Identify You

 

We use data to generate insights that do not identify you.

 

We use your data to produce and share insights that do not identify you. For example, we may use your data to generate statistics about our Fuzers, their profession, or industry, to calculate ad impressions served or clicked on, or to publish visitor demographics for a Service or create demographic workforce insights.

 

2.8 Security and Investigations

 

We use data for security, fraud prevention, and investigations.

 

We use your data (including your communications) for security purposes or to prevent or investigate possible fraud or other violations of our Terms of Service and/or attempts to harm our Fuzers, Visitors, or others.

 

3. How We Share Information

 

3.1 Our Services

 

Any data that you include on your profile and any content you post or social action (e.g., likes, follows, comments, shares) you take on our Services will be seen by others, consistent with your settings.

 

Profile:

Your profile is fully visible to all Fuzers and customers of our Services. Subject to your settings, it can also be visible to others on or off of our Services (e.g., Visitors to our Services or users of third-party search engines). 

 

Posts, Likes, Follows, Comments, Messages:

 

Our Services allow viewing and sharing information including through posts, likes, follows and comments.

• When you share an article or a post (e.g., an update, image, video or article) publicly it can be viewed by everyone and re-shared anywhere (subject to your settings). Fuzers, Visitors, and others will be able to find and see your publicly-shared content, including your name (and photo if you have provided one).
• Any information you share through companies’ or other organizations’ pages on our Services will be viewable by it and others who visit those pages.
• When you follow a person or organization, you are visible to others and that “page owner” as a follower.
• We let senders know when you act on their message, subject to your settings where applicable.
• Subject to your settings, we may let a Fuzer know when you view their profile.
• When you like or re-share or comment on another’s content (including ads), others will be able to view these “social actions” and associate it with you (e.g., your name, profile and photo if you provided it).

 

3.2 Communication Archival

 

Fuzers may need to store communications outside of our Service.

Some Fuzers need, for legal or professional compliance, to archive their communications and social media activity, and will use services of others to provide these archival services. We enable archiving of messages by and to those Fuzers outside of our Services. For example, a financial advisor needs to archive communications with her clients through our Services in order to maintain their professional financial advisor license.

 

3.3 Others’ Services

 

You may link your account with others’ services so that they can look up your contacts’ profiles, post your shares on such platforms, or enable you to start conversations with your connections on such platforms. Excerpts from your profile will also appear on the services of others.

 

Subject to your settings, other services may look up your profile. When you opt to link your account with other services, personal data will become available to them. The sharing and use of that personal data will be described in, or linked to, a consent screen when you opt to link the accounts. For example, you may link your Twitter or WeChat account to share content from our Services into these other services, or your email provider may give you the option to upload your USEFUZE contacts into its own service. 

Third-party services have their own privacy policies, and you may be giving them permission to use your data in ways we would not. You may revoke the link with such accounts.

 

Subject to your settings, excerpts from your profile will appear on the services of others (e.g., search engine results, mail and calendar applications that show a user limited profile data of the person they are meeting or messaging, social media aggregators, talent, and lead managers). “Old” profile information remains on these services until they update their data cache with changes you made to your profile

.

3.4 Related Services

 

We share your data across our different Services and USEFUZE affiliated entities.

 

We will share your personal data with our affiliates to provide and develop our Services. We may combine information internally across the different Services covered by this Privacy Policy to help our Services be more relevant and useful to you and others. For example, we may personalize your feed or job recommendations based on your learning history.

 

3.5 Service Providers

 

We may use others to help us with our Services.

 

We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing, and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

 

3.6 Legal Disclosures

 

We may need to share your data when we believe it’s required by law or to help protect the rights and safety of you, us, or others.

 

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of our Services (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of USEFUZE, our Fuzers, personnel or others. We attempt to notify Fuzers about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, at our discretion, that the requests are overbroad, vague, or lack proper authority, but we do not promise to challenge every demand. To learn more see our Data Request Guidelines and Transparency Report.

 

3.7 Change in Control or Sale

 

We may share your data when our business is sold to others, but it must continue to be used in accordance with this Privacy Policy.

 

We can also share your personal data as part of a sale, merger, or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

 

4. Your Choices & Obligations

 

4.1 Data Retention

 

We keep most of your personal data for as long as your account is open.

 

We generally retain your personal data as long as you keep your account open or as needed to provide you Services. This includes data you or others provided to us and data generated or inferred from your use of our Services. Even if you only use our Services when looking for a new job every few years, we will retain your information and keep your profile open, unless you close your account. In some cases, we choose to retain certain information (e.g., insights about Services use) in a depersonalized or aggregated form.

 

4.2 Rights to Access and Control Your Personal Data

 

You can access or delete your personal data. You have many choices about how your data is collected, used, and shared.

 

We provide many choices about the collection, use, and sharing of your data, from deleting or correcting data you include in your profile and controlling the visibility of your posts to advertising opt-outs and communication controls. We offer you settings to control and manage the personal data we have about you.

 

For personal data that we have about you, you can:

• Personally Delete Data:
  1. Go to profile and click “Delete Account” option
  2. Enter your account password and click “Delete Account” button
  3. Upon deleting your USEFUZE account you are automatically requesting to have your data deleted. 
  4. Your personal data will generally stop being visible to others on our Services within 24 hours. Your account data is deleted immediately. 
• Users’ Request For Data Deletion: 
  1. To make a formal request to delete your personal data please email info@usefuze.com ATTN: Data Services. 
  2. Upon receiving your request: User data collection will stop when requested and any stored user data collected before the request will be deleted.
  3. Your personal data will generally stop being visible to others on our Services within 24 hours. 
• Other ways to have your data deleted:
  1. Anytime that a Fuzer/User clicks or writes out any of the following in response to any USEFUZE communication attempts:
     1.  “Withdrawal/Revocation/Cancellation/Opt-out/Right to object/Stop/Rejection/Termination of consent to Personal Data”
  2. Upon receiving your request: User data collection will stop when requested and any stored user data collected before the request will be deleted.
  3. Your personal data will generally stop being visible to others on our Services within 24 hours. 
• Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.
• Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).
• Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine-readable form.

Residents in the Designated Countries and other regions may have additional rights under their laws.

 

4.3 Account Closure

 

If you choose to delete your USEFUZE account, your personal data will generally stop being visible to others on our Services within 24 hours. We generally delete closed account information within 30 days of account closure, except as noted below.

 

We retain your personal data even after you have closed your account if only reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse (e.g., if we have restricted your account for breach of our Professional Community Policies), enforce our Terms of Service, or fulfill your request to “unsubscribe” from further messages from us. We may retain de-personalized information after your account has been closed.

 

Information you have shared with others (e.g., through messages, updates, or group posts) will remain visible after you close your account or delete the information from your own profile or mailbox, and we do not control data that other Fuzers have copied out of our Services. Groups content and ratings or review content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.

 

5. Other Important Information

 

5.1. Security

 

We monitor for and try to prevent security breaches. Please use the security features available through our Services.

 

We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

 

5.2. Cross-Border Data Transfers

 

We may store and use your data outside your country.

 

We may process data both inside and outside of the United States and rely on legally-provided mechanisms to lawfully transfer data across borders. Countries where we process data may have laws that are different from, and potentially not as protective as, the laws of your own country.

 

5.3 Lawful Bases for Processing

 

We have lawful bases to collect, use and share data about you. You have choices about our use of your data. At any time, you can withdraw the consent you have provided by going to settings.

 

We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent(where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g., to deliver the USEFUZE Services you have requested), and “legitimate interests.” 

Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Data Protection Officer, info@usefuze.com, ATTN: Data Services.

 

5.4. Direct Marketing and Do Not Track Signals

 

We currently do not share personal data with third parties for their direct marketing purposes without your permission.

 

5.5. Contact Information

 

You can contact us or use other options to resolve any complaints.

 

If you have questions or complaints regarding this Policy, please first contact USEFUZE online. You can also reach us by physical mail, USEFUZE Inc. P.O.Box 848 Waverly, NY 14892. 

PLEASE READ THIS USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE “TERMS OF SERVICE” CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

Fuzers or Visitors voluntarily submit to USEFUZE and does not constitute and will not be construed as an introduction, endorsement, or recommendation by USEFUZE; USEFUZE provides such information solely for the convenience of Users.

 

1. CONTRACT

 

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share and store your personal information.

 

You agree that by clicking “Create Account”, “Join USEFUZE”, “Sign Up” or similar, registering, accessing, or using our services (described below), you are agreeing to enter into a legally binding contract with USEFUZE (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Create Account” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

 

2. SERVICES

 

This Contract applies to USEFUZE.com, USEFUZE-branded apps, communications, and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Share with USEFUZE” plugins. Registered users of our Services are “Fuzers” and unregistered users are “Visitors”.

 

3. USEFUZE

 

You are entering into this Contract with USEFUZE (also referred to as “we” and “us”)

 

You are entering into this Contract with USEFUZE INCORPORATED (“USEFUZE Inc.”) and USEFUZE Inc. will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. This Contract applies to Fuzer and Visitors.

 

As a Visitor or Fuzer of our Services, the collection, use, and sharing of your personal data are subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

 

4. FUZERS AND VISITORS

 

When you register and join USEFUZE Inc., you become a Fuzer. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

 

5. CHANGE

 

We may make changes to the Contract.

 

We may modify this Contract, our Privacy Policy, and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

 

6. SERVICE ELIGIBILITY

 

Here are some promises that you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

 

The Services are not for use by anyone under the age of 16. To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one USEFUZE account, which must be in your real name; and (3) you are not already restricted by USEFUZE from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

 

“Minimum Age” means 16 years old. However, if the law requires that you must be older in order for USEFUZE to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

 

7. YOUR ACCOUNT

 

You will keep your password a secret

 

You will not share an account with anyone else and will follow our rules and the law.

 

Fuzers are account holders. You agree to; (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.

 

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

 

8. PAYMENT

 

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.

 

Refunds are subject to our policy.

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

 

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

 

We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.

 

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

 

9. NOTICES AND MESSAGES

 

You’re okay with us providing notices and messages to you through our website, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

 

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

 

Please review your settings to control and limit messages you receive from us.

 

10. SHARING

 

When you share information on our Services, others can see, copy and use that information.

 

Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, and messages. Information and content that you share or post may be seen by other Fuzers, Visitors, or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to USEFUZE “Fuzer Friends”, restricting your profile visibility from search engines, or opting not to notify others of your USEFUZE profile update). For job searching activities, we default to not notifying your network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.

 

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

 

11. RELATIONSHIP WITH USEFUZE

USEFUZE merely makes the Services available to enable Fuzers and Visitors to find and transact directly with each other. USEFUZE does not introduce Fuzers to Visitors, find Projects for Fuzers, or find Fuzers for Visitors. Through the Services, Fuzers may be notified of Visitors that may be seeking the services they offer, and Visitors may be notified of Fuzers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project. If Users decide to enter into a Contract, the Contract is directly between the Fuzer and Visitor and USEFUZE is not a party to that Contract.

You acknowledge, agree, and understand that USEFUZE is not a party to the relationship or any dealings between Visitor and Fuzer. Without limitation, Visitors are solely responsible for: (a) ensuring the accuracy and legality of any Fuzer Content; (b) determining the suitability of other Fuzers for a Contract (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Contracts; (d) performing Fuzer Services; and/or (e) paying for Fuzer Services. The duty of a Visitor to pay for Fuzer Services includes a duty to pay all additional fees associated with the payment of Fuzer Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Contract with another Fuzer and for verifying any information about another Fuzer. USEFUZE does not make any representations about or guarantee the truth or accuracy of any Fuzer’s listings or other content on the Site; does not verify any feedback or information provided by Visitors about Fuzers. We do not perform background checks on or guarantee the work of Fuzers.

You acknowledge, agree, and understand that USEFUZE does not, in any way, supervise, direct, control, or evaluate Fuzers or their work and is not responsible for any Project, Project terms or Work Product. USEFUZE makes no representations about and does not guarantee, and you agree not to hold USEFUZE responsible for, the quality, safety, or legality of Fuzer Services; the qualifications, background, or identities of Visitors; the ability of Fuzers to deliver Fuzer Services; the ability of Visitors to pay for Fuzer Services; statements or posts made by Visitors; or the ability or willingness of a Visitor or Fuzer to actually complete a transaction. While USEFUZE may provide certain badges on Fuzer profiles, such badges are not a guarantee or warranty of quality or ability or willingness of the badged Fuzer to complete a Contract and is not a guarantee of any kind, including, the quality of Fuzer Services.

You also acknowledge, agree, and understand that Fuzers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Fuzer Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of USEFUZE, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) USEFUZE will not have any liability or obligations, including under or related to Contracts and/or Fuzer Services for any acts or omissions by you or Visitors; (iii) USEFUZE does not, in any way, supervise, direct, or control any Fuzer or Fuzer Services; does not impose quality standards or a deadline for completion of any Fuzer Services; and does not dictate the performance, methods or process Fuzer uses to perform services; (iv) Fuzer is free to determine when and if to perform Fuzer Services, including the days worked and time periods of work, and USEFUZE does not set or have any control over Fuzer’s pricing, work hours, work schedules, or work location, nor is USEFUZE involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Fuzer for a Project; (v) Fuzer will be paid at such times and amounts as agreed with a Visitor in a given Contract, and USEFUZE does not, in any way, provide or guarantee Fuzer a regular salary or any minimum, regular payment; (vi) USEFUZE does not provide Fuzers with training or any equipment, labor, tools, or materials related to any Contract; (vii) USEFUZE does not provide the premises at which Fuzers will perform the work. Fuzers are free to use subcontractors or employees to perform Fuzer Services and may delegate work on Contracts or by agreeing with their Client(s) on additional Contracts for Fuzer’s subcontractor(s) or employee(s), and (viii) USEFUZE does not provide shipping services for any physical Work Product. If a Fuzer uses subcontractors or employees, Fuzer further agrees and acknowledges that this Section applies to USEFUZE’s relationship, if any, with Fuzer’s subcontractors and employees as well and Fuzer is solely responsible for Fuzer’s subcontractors and employees.

Without limiting the foregoing paragraph, if you are a Business you expressly acknowledge, agree, and understand that: (1) the Business is solely responsible for paying its employees for work performed on behalf of the Business and that such payments will not be made through the Site; (2) USEFUZE is not a party to any agreement between the Business and its employees and does not have any liability or obligations under or related to any such agreement, even if the Business or it’s employees defaults; (3) neither Businesses nor [Business] employees are employees or agents of USEFUZE; (4) USEFUZE does not, in any way, supervise, direct, or control the Business or it’s employees; (5) USEFUZE does not set Businesses’ or it’s employees contract terms amongst themselves or with Visitors (including determining whether the Contract will be hourly or fixed price), fees, pricing, work hours, work schedules, or location of work; (6) USEFUZE does not provide Businesses or it’s employees with training or any equipment, labor, tools, or materials needed for any Contract; (7) USEFUZE does not provide the premises at which the Business or it’s employees will perform the work; and (8) USEFUZE makes no representations as to the reliability, capability, or qualifications of any Business or it’s employees or the ability or willingness of any Business to make payments to or fulfill any other obligations to its employees, and USEFUZE disclaims any and all liability relating thereto.

Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services and are encouraged to do so

12. TAXES AND BENEFITS

Fuzer acknowledges and agrees that Fuzer is solely responsible (a) for all tax liability associated with payments received from Fuzer’s Clients and through USEFUZE, and that USEFUZE will not withhold any taxes from payments to Fuzer; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Fuzer is not covered by or eligible for any insurance from USEFUZE; (c) for determining whether Fuzer is required by applicable law to issue any particular invoices for the Fuzer Fees and for issuing any invoices so required; (d) for determining whether Fuzer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Fuzer Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if USEFUZE is required by applicable law to withhold any amount of the Fuzer Fees and for notifying USEFUZE of any such requirement and indemnifying USEFUZE for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of USEFUZE, Fuzer agrees to promptly cooperate with USEFUZE and provide copies of Fuzer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Fuzer is engaging in an independent business as represented to USEFUZE.

13. CONTRACTS

If a Visitor and Fuzer decide to enter into a Contract, the Contract is a contractual relationship directly between the Visitor and Fuzer. Visitor and Fuzer have complete discretion both with regard to whether to enter into a Contract with each other and with regard to the terms of any Contract. You acknowledge, agree, and understand that USEFUZE is not a party to any Contract, that the formation of a Contract between Users will not, under any circumstance, create an employment or other service relationship between USEFUZE and any Fuzer/Visitor or a partnership or joint venture between USEFUZE and any Fuzer/Visitor.

With respect to any Contract, Visitors and Fuzers may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand USEFUZE’s rights and obligations under this Agreement.

14. DISPUTES AMONG USERS

For disputes arising between Visitors and Fuzers, you agree to abide by the dispute process that is explained in Section 30 of this Agreement as your sole means of dispute resolution.

15. CONFIDENTIAL INFORMATION

Users may agree to any terms they deem appropriate with respect to confidentiality. If and to the extent that the Users do not articulate any different agreement with regard to confidentiality, then they agree that this Section 15 (Confidential Information) applies.

To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

16. PAYMENTS ON CONTRACTS

As a condition of receiving payment processing services through PayPal, you agree to provide USEFUZE with accurate and complete information about you and your business, and you authorize USEFUZE to share this information and transaction information related to your use of the payment processing services provided by PayPal or such other payment processing provider as is unilaterally implemented by USEFUZE.

USEFUZE shall facilitate all payments between Visitors and Fuzers (“Marketplace Payments”) through our payment processing partner PayPal, but USEFUZE is not a party to any such Marketplace Payments and does not handle funds on behalf of its Users. Fuzers who receive Marketplace Payments from Visitors on USEFUZE must agree to the PayPal Services Agreement. As a Fuzer, by agreeing to these terms or continuing to operate as a Fuzer on USEFUZE, you agree to be bound by the PayPal Services Agreement as those agreements may be modified by PayPal from time to time. As a condition of receiving payment processing services through PayPal you agree to provide USEFUZE with accurate and complete information about you and your business, and you authorize USEFUZE to share this information and transaction information related to your use of the payment processing services provided by PayPal.

As a Visitor making a Marketplace Payment through PayPal, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize PayPal to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide up-to-date, accurate and complete. Do not share your payment card, bank account or other financial information with any other User. We take steps to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.

USEFUZE may enable you to make Marketplace Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.

Where a Visitor and Fuzer chooses to enter into a Contract, they may, at their discretion, agree upon a fixed price or an hourly fee. Visitor becomes obligated to pay applicable amounts to Fuzer immediately upon completion by Fuzer of the Contract Project.  Where the Contract agreed upon is based on the payment of hourly wages to the Fuzer, Fuzer will invoice Visitor for Fuzer Fees through USEFUZE (“Invoice”) upon completion of the Project, and Visitor will immediately pay such Invoice. When a Visitor approves an Invoice or approves the payment of the Fuzer Fees for a Contract, the Visitor automatically and irrevocably authorizes and instructs USEFUZE’s Payment Provider to charge the Visitor’s Payment Method for the Fuzer Fees. Such authorization further authorizes USEFUZE to facilitate such charges through their payment processing provider PayPal or such other payment processing provider as is unilaterally implemented by USEFUZE.

Visitor acknowledges and agrees that failure by Visitor to decline or dispute an Invoice or payment request for a Contract, is an authorization and instruction to release payment.

17. DISBURSEMENTS TO FUZERS ON CONTRACTS

Once a Contract has been fully performed or once an Invoice for hourly services has been received, the amount becomes immediately due and payable to a Fuzer upon Fuzer’s request. The disbursement of funds schedule is set at the sole discretion of the Fuzer and is set at the time of creation of the job offer.

18. NON-PAYMENT

If Visitor is in “default”, meaning the Visitor fails to pay the Fuzer Fees or any other amounts when due under the Terms of Service or a Contract, or a written agreement for payment terms incorporating the Terms of Service (signed by an authorized representative of USEFUZE), or where the Fuzer fails to perform under the  Terms of Service or the Terms of a Contract, the Visitor in default will be subject to the arbitration provisions in Section 30 of this Agreement. For the avoidance of doubt, Visitor will be deemed to be in default on the earliest occurrence of any of the following: (a) Visitor fails to pay the Fuzer Fees when due; (b) Visitor fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 30 days after accrual of the charge, an account current after a credit or debit card is declined or expires; (c) Visitorr fails to pay an Invoice issued to the Visitor by the Fuzer within the time period agreed or, if no period is agreed, within 30 days; (d) Visitor initiates a chargeback with a bank or other financial institution resulting in a charge made to the Fuzer or such other amount due being reversed to the Visitor; (e) Visitor takes other actions or fails to take any action that results in a negative or past-due balance on the Visitor’s account; (f) Fuzer fails to perform under the Terms of Service or the terms of a Contract; or (g) Fuzer fails to adequately perform under the Terms of Service or the terms of a Contract

USEFUZE does not guarantee that Visitor is able to pay or will pay Fuzer Fees and USEFUZE is not liable for Fuzer Fees if Visitor is in default

All requests for Marketplace Payment chargebacks, errors, claims, refunds and disputes (“Payment Disputes”) may be subject to review by USEFUZE in accordance with the rules applicable to the payment method you used to make the Marketplace Payment and will be at USEFUZE’s absolute discretion 

By providing Payment Method information through the Site and authorizing payments with the Payment Method, Visitor represents, warrants, and covenants that: (a) Visitor is legally authorized to provide such information; (b) Visitor is legally authorized to make payments using the Payment Method(s); (c) if Visitor is an employee or agent of a company or person that owns the Payment Method, that Visitor is authorized by the company or person to use the Payment Method to make payments on USEFUZE; and (d) such actions do not violate the terms and conditions applicable to Visitor’s use of such Payment Method(s) or applicable law.

When Visitor authorizes a payment using a Payment Method via the Site, Visitor represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Visitor’s Payment Method(s), Visitor is solely responsible for paying such amounts, and added fees, by other means.

USEFUZE is not liable to any User if USEFUZE’s Payment Processor does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. USEFUZE will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement.

Visitors pay PayPal or such other payment processing provider as is unilaterally implemented by USEFUZE, a fee for payment processing and administration related to PayPal. Fees are distributed at the direction of the Fuzer at the time a Contract is created.

19. YOUR LICENSE TO USEFUZE

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.

We will honor the choices you make about who gets to see your information and content, including how it can be used for ads. As between you and USEFUZE, you own the content and information that you submit or post to the Services, and you are only granting USEFUZE and our affiliates the following non-exclusive license:

A worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice, and/or compensation to you or others. These rights are limited in the following ways:

You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.

We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as “public”, we will enable a feature that allows other Fuzers to embed that public post onto third-party services, and we enable search engines to make that public content findable through their services.

While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout, or file type, or removing metadata), we will not modify the meaning of your expression.

Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You and USEFUZE agree that if the content includes personal data, it is subject to our Privacy Policy.

You and USEFUZE agree that we may access, store, process, and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to USEFUZE, you agree that USEFUZE can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise to only provide information and content that you have the right to share, and that your USEFUZE profile will be truthful.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. USEFUZE may be required by law to remove certain information or content.

20. SERVICE AVAILABILITY

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

 

We don’t promise to store or keep showing any information and content that you’ve posted. USEFUZE is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

21. OTHER CONTENT, SITES AND APPS

Your use of others’ content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. USEFUZE generally does not review content provided by our Fuzers or others. You agree that we are not responsible for others’ (including other Fuzers’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Fuzers have choices about this feature.

USEFUZE may help connect Fuzers offering their services with Fuzers seeking services. USEFUZE does not perform nor employs individuals to perform these services. You must be at least the minimum age to offer, perform or procure these services. You acknowledge that USEFUZE does not supervise, direct, control, or monitor Fuzers in the performance of these services and agree that (1) USEFUZE is not responsible for the offering, performance, or procurement of these services, (2) USEFUZE does not endorse any particular Fuzer’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between USEFUZE and any Fuzer offering services. If you are a Fuzer offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.

Similarly, USEFUZE may help you register for and/or attend events organized by Fuzers and connect with other Fuzers who are attendees at such events. You agree that (1) USEFUZE is not responsible for the conduct of any of the Fuzers or other attendees at such events, (2) USEFUZE does not endorse any particular event listed on our Services, (3) USEFUZE does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

22. LIMITS

We have the right to limit how you connect and interact with our Services.

USEFUZE reserves the right to limit your use of the Services. USEFUZE reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).

23. INTELLECTUAL PROPERTY RIGHTS

We’re providing you with notice about our intellectual property rights.

USEFUZE reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. USEFUZE and other USEFUZE trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of USEFUZE.

24. AUTOMATED PROCESSING

We use data and information about you to make relevant suggestions to you and others.

We use the information and data that you provide and that we have about Fuzers to make recommendations for connections, content, and features that may be useful to you. For example, we  may use data and information about you to recommend jobs to you and you to hirers. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

25. NO WARRANTY

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

USEFUZE AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, USEFUZE AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

26. EXCLUSIONS OF LIABILITY

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS USEFUZE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), USEFUZE, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

USEFUZE AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO USEFUZE FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.

27. BASIS OF THE BARGAIN; EXCLUSIONS

The limitations of liability in this Section are part of the basis of the bargain between you and USEFUZE and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if USEFUZE or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

28. TERMINATION

We can each end this Contract, but some rights and obligations survive.

Both you and USEFUZE may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

Our rights to use and disclose your feedback;

Fuzers and/or Visitors’ rights to further re-share content and information you shared through the Services;

Any amounts owed by either party prior to termination remain owed after termination.

You can visit your Settings to close your account.

29. GOVERNING LAW AND DISPUTE RESOLUTION 

In the unlikely event we end up in a legal dispute, you and USEFUZE agree to resolve it in New York courts using New York law.

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. 

For those who live outside of the United States: You and USEFUZE agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and USEFUZE both agree that all claims and disputes can be litigated only in the New York State Supreme Court, Broome County, and the United States District Court, Northern District of New York, and you and USEFUZE each agree to personal jurisdiction in those courts

30. DISPUTES BETWEEN YOU AND USEFUZE

This section discusses your agreement with USEFUZE and our agreement with you about how we will resolve any disputes, including that we will both first try to resolve any dispute informally and, if you are in the United States, that we both agree to use arbitration instead of going to court or using a jury if we can’t resolve the dispute informally, as detailed below.

31. DISPUTE PROCESS, ARBITRATION, AND SCOPE

If a dispute arises between you and USEFUZE, or between Visitor and Fuzer, our goal is to resolve the dispute quickly and cost-effectively. USEFUZE, and each Visitor and Fuzer, agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, the Visitor and Fuzer relationship, your relationship with USEFUZE (including without limitation any claimed employment with USEFUZE or our successors), the termination of your relationship with USEFUZE, or the Site Services 

Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Site, Site Services, the Terms of Service, any Contract, any and all Visitor and Fuzer relationships, escrow payments or agreements, any payments or monies you claim are due to you from USEFUZE or our successors or from a Visitor and Fuzer relationship, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, Civil Rights Act of 1964, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, Civil Rights Act of 1991, the Pregnancy Discrimination Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with USEFUZE or the termination of that relationship.

Unless not waivable as a matter of law, it is the intent of the parties there are no claims, disputes or issues excluded from the coverage of this Agreement.

32. INFORMAL DISPUTE RESOLUTION

Before serving a demand for arbitration of a Claim, you and USEFUZE, and any Visitor and Fuzer, agree to first notify in writing each other of the Claim. You must assert and notify USEFUZE and all applicable parties, within seven (7) days of the incident giving rise to the Claim, and if you do not then you waive any and all aspects of the Claim, including all alleged damages. You agree to notify USEFUZE of the Claim at Attn: Legal, USEFUZE INC., P.O. Box 848, Waverly, New York 14892 or by email to info@usefuze.com. If your Claim is timely, You and USEFUZE, and the applicable Visitor and Fuzer, then will seek informal voluntary resolution of the Claim. Any Claim must include pertinent account information, a brief but detailed description of the Claim, and contact information, so that you or USEFUZE, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and USEFUZE will have 60 days from the date of the receipt of the timely Claim to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.

33. BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER

This Arbitration Provision applies to all Users.

In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable timely Claim, you, and USEFUZE agree to resolve the Claim by final and binding arbitration which shall be self-administered using an arbitrator selected by USEFUZE. USEFUZE shall appoint an arbitrator within fifteen (15) days of receipt of a Claim and demand for arbitration with the appropriate fee.

34. SCOPE OF ARBITRATION AGREEMENT AND CONDUCT OF ARBITRATION

This Arbitration Provision applies to any timely Claim (defined above) the parties may have and survives after your relationship with USEFUZE ends. Issues regarding the timeliness and arbitrability of Claims are also subject to this Arbitration agreement. Timely Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes or controversies arising out of or relating to this Agreement and the Terms of Service. This Arbitration Provision will be self-administered and is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before or in a forum other than arbitration. If for any reason a party will not participate or timely participate in the arbitration, either party may apply to New York State Supreme Court Broome County or to the United States District Court of the Northern District of New York to compel arbitration in accordance with New York’s CPLR Article 75.

Except as otherwise provided herein, arbitration will be conducted in Broome County, New York in accordance with the New York CPLR Article 75 rules and using for reference only the American Arbitration Association Commercial rules then in effect, it being agreed that the arbitration shall be self-administered by the parties and that the American Arbitration Association shall have no jurisdiction or role in the arbitration. The arbitrator shall be selected by USEFUZE  and shall set all applicable rules regarding procedure and scheduling. Any dispute regarding the applicability of the  rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by virtual format such as Microsoft Teams or Zoom rather than in person. The arbitrator shall determine the virtual format.

You and USEFUZE will follow the applicable rules, including such rules as may be established by the arbitrator for procedure and scheduling.  Unless otherwise agreed by the parties, or unless otherwise awarded by the arbitrator, the arbitration fees shall be initially paid by the claimant. The claimant shall pay or deposit with USEFUZE an initial arbitration fee of $250.00 for each Claim asserted.  Once an arbitrator is selected by USEFUZE, the parties shall each deposit with the arbitrator one-half of the estimated fee of the arbitrator assigned or appointed by USEFUZE.  The arbitrator’s fee will not be greater than $300.00 per hour.  Unless otherwise agreed by the parties, the arbitrator shall limit his/her hours to 4 hours for preparation and 8 hours for the arbitration.

35. INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION

This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise provided in this Arbitration Provision, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, arbitrability, timeliness, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim or timeliness of a claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or voidable.

In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver, below, of this Arbitration Provision is deemed to be unenforceable, you and USEFUZE agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.

36. CLASS AND COLLECTIVE WAIVER

 This Arbitration Provision affects your ability to participate in class or collective actions. Both you and USEFUZE agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of this Agreement or the above referenced rules, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by an arbitrator in accordance with the terms herein. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. USEFUZE may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver and seek dismissal of such class or collective actions or claims. You agree to pay all of USEFUZE’s expenses, including reasonable attorney’s fees in enforcing or defending this provision.

37. NO RIGHT TO OPT OUT OF THE ARBITRATION PROVISION

Notwithstanding any law or rule otherwise, You have no right to opt out of the Arbitration Provision contained herein. 

Your continuing relationship with USEFUZE constitutes mutual acceptance of the terms of this Arbitration Provision by you and USEFUZE. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.

38. ENFORCEMENT OF THIS ARBITRATION PROVISION 

This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver in the Section above, is deemed to be unenforceable, you and USEFUZE agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.

39. ATTORNEY FEE PROVISION

In the event of a dispute, except as provided otherwise in this Agreement, User shall pay to USEFUZE all damages, costs, and expenses, including all court costs, mediation costs, arbitration costs, and reasonable attorney’s fees, and all other expenses incurred by USEFUZE in enforcing any obligation or in defending against any claim, demand, action, or proceeding related to this Agreement.

40. FORCE MAJEURE

The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, pandemics, widespread disease, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

41. PREVAILING LANGUAGE AND LOCATION

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United States.

42. GENERAL TERMS

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that USEFUZE has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that USEFUZE may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us with legal notice is at the address: USEFUZE Inc. P.O Box 848 Waverly, NY 14892.

43. RECORDS OF COMPLIANCE

Users will each (a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to USEFUZE upon request. Nothing in this subsection requires or will be construed as requiring USEFUZE to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Contract. You are solely responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on USEFUZE’s part to store, backup, retain, or grant access to any information or data for any period.

44. RELEASE

In addition to the recognition that USEFUZE is not a party to any contract between Users, you hereby release USEFUZE, and our respective officers, directors, agents, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Fuzer Services provided to Visitor by a Fuzer and requests for refunds based upon disputes. 

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF ANY LAW IN ANY OTHER APPLICABLE JURISDICTION WHICH LIMITS OR OTHERWISE PRECLUDES THE RELEASE AS IDENTIFIED ABOVE.

This release will not apply to a claim that USEFUZE failed to meet our obligations under the Terms of Service.

 

 

45. USEFUZE “DOs AND DON’Ts”

USEFUZE is a community based on work. This list of “Dos and Don’ts” along with our Professional Community Policies limit what you can and cannot do on our Services.

45.1. DOs

You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

Provide accurate information to us and keep it updated;

Use your real name on your profile; and

Use the Services in a professional manner.

45.2. DON’Ts

You agree that you will not:

Create a false identity on USEFUZE, misrepresent your identity, create a Fuzer profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;

Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of USEFUZE;

Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));

Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

Violate the intellectual property or other rights of USEFUZE, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using the word “USEFUZE” or our logos in any business name, email, or URL except as provided in the Brand Guidelines (available upon request, info@usefuze.com) ;

Post anything that contains software viruses, worms, or any other harmful code;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open-source;

Imply or state that you are affiliated with or endorsed by USEFUZE without our express consent (e.g., representing yourself as an accredited USEFUZE partner);

Rent, lease, loan, trade, sell/resell or otherwise monetize the Services or related data or access to the same, without USEFUZE’s consent;

Deep-link to our Services for any purpose other than to promote your profile or a Company on our Services, without USEFUZE’s consent;

Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

Monitor the Services’ availability, performance, or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

46. COMPLAINTS REGARDING CONTENT 

Contact information for complaints about the content provided by our Fuzers.

We respect the intellectual property rights of others. We require that information posted by Fuzers be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a Copyright Policy for complaints concerning content posted by our Fuzers.

47. HOW TO CONTACT US

For general inquiries, you may contact us at info@usefuze.com. For legal notices or service of process, you may write to us at this address: USEFUZE Inc. P.O.Box 848 Waverly, NY 14892.