Terms of Use - Fuse Autotech

These terms of use are entered into by and between Fuse Autotech, Inc. (“Company,” “we,” or “us”) and any person or entity authorized by the Company or any of its licensors or providers to use or access the Site ("you", "your"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of fuseautotech.com, including any content, functionality, and services offered on or through fuseautotech.com (the “Site”), whether as a guest or a registered user. These Terms of Use do not apply to any agreement you may enter into with a dealership, bank, or other lending institution. Please read the Terms of Use carefully before you start to use the Site or entering any information into our forms. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://fuseautotech.com/privacy-policy/ which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site or provide any information to us through the online forms.This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice.To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your authorized use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site that is not made available to you for printing or downloading.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation, or to commit fraud.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

Geographic Restrictions

We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimers

The Company is neither a lender nor a financial institution, and does not broker loans of any kind to any consumers. We do not make any decisions as to whether a user of this Site is approved for financing.We do not warrant the accuracy, adequacy or completeness of the information provided on the Site and we expressly disclaim liability for any errors or omissions in such information. We do not guarantee continuous, uninterrupted or secure access to the Site, and the operation of the Site may be interfered with by numerous factors outside of our control. We do not guarantee or promise any specific results from use of the Site. The Company provides YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and the Additional Terms and Conditions for Credit Applications (https://fuseautotech.com/additional-and-conditions-for-credit-app), together with any and all additional terms, conditions, disclosures and consents that we may provide to you, constitute the sole and entire agreement between you and Fuse Autotech, Inc. with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: orion@fuseautotech.com

Other Fuse In-App Key Consents/Notices

When submitting info for Pre-qualification:

By clicking “I agree:”

I acknowledge that I have reviewed, and I agree to, the Fuse Terms of Use https://fuseautotech.com/terms-conditions, Fuse Application Terms https://fuseautotech.com/prequalify-credit and Fuse Privacy Policy https://fuseautotech.com/privacy-policy.
I certify that all information provided is true and correct and made for the purpose of requesting Pre-qualification for financing. I acknowledge that this is not an application for credit.
I am providing written instructions to Fuse under the Fair Credit Reporting Act authorizing Fuse to obtain information from my personal credit profile from credit reporting agencies. I authorize Fuse to check my credit history and to verify my income, residence, and employment history. I authorize Fuse to obtain such information (1) to evaluate my eligibility to be considered for financing Pre-qualification from participating Lenders and/or Dealers; and/or (2) to determine if I am still eligible for any Pre-qualified financing offers previously sent through Fuse.
I authorize Fuse to (1) share my Pre-qualified terms and preferences with any Dealer and/or Lender; and (2) show my information about applications or Pre-qualification requests submitted to Fuse by me or any Dealer or Lender on my behalf.
I acknowledge that I have reviewed, and I agree to, the Fuse Electronic Disclosure and Consent Agreement https://fuseautotech.com/esign-disclosure, and I agree to receive all communications regarding my request for Pre-qualification through electronic means only.

When submitting full Application:

By clicking “I agree:”

I acknowledge that I have reviewed, and I agree to, the Fuse Terms of Use https://fuseautotech.com/terms-conditions, Fuse Application Terms https://fuseautotech.com/privacy-policy and Fuse Privacy Policy https://fuseautotech.com/privacy-policy.
I acknowledge that I have received and reviewed the State-Specific Disclosures in the Fuse Application Terms https://fuseautotech.com/prequalify-credit
I certify that all information provided is true and correct and made for the purpose of submitting an application for credit.
I am providing written instructions to Fuse and any applicable Dealer and Lender under the Fair Credit Reporting Act authorizing such parties to obtain information from my personal credit profile from credit reporting agencies. I authorize Fuse and any Dealer and/or Lender to check my credit history and verify my income, residence, and employment history. I authorize Fuse and any Dealer and/or Lender to obtain such information to evaluate my eligibility for credit and financing offers provided by Dealers and/or Lenders.
I acknowledge that I have reviewed, and I agree to, the Fuse Electronic Disclosure and Consent Agreement https://fuseautotech.com/esign-disclosure, and I agree to receive all communications regarding my Application through electronic means only.

In the event you start using auto-dialed/recorded calls or texts to customers, you’ll need to get their affirmative written consent when they give you their phone number (not just in the Application Terms):

Where you have provided a cell phone number directly to us, you consent and agree to accept servicing calls and text messages to your cell phone from us, any of the Lenders and Dealers to whom your Application is submitted, and the service providers we engage to manage your Account. For example, we or our service providers may place calls to you about fraud alerts or the status of your Application. For any telephone or cell phone calls/communications we or our service providers place to you, you consent and agree that those calls may be automatically dialed, including artificial or prerecorded messages or texts. You revoke this consent at any time by contacting Fuse at unsubscribe@fuseautotech.com.