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FusedHR Terms of Service

Effective day March 20, 2023

TERMS OF SERVICE

Welcome to FusedHR, a tool for tracking time and expenses for clients ('Service') provided by Eager Fox Studios Inc. ('Company'). These Terms of Service ('Terms') govern your access to and use of the Service, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as 'Content'). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and the Privacy Policy at fusedhr.com/privacy. By accessing or using the Service, you agree to be bound by these Terms.

Access to the Service

You must be at least 18 years of age to access and use the Service. The Service is provided on an 'as is' and 'as available' basis. The Company reserves the right to modify, suspend or discontinue the Service at any time without notice or liability to you.

Account Registration

In order to use the Service, you must create an account and provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account.

Use of the Service

The Service is for your personal and non-commercial use only. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws and regulations in connection with your use of the Service.

User Content

You are solely responsible for any Content that you upload, post or otherwise make available on the Service. By uploading, posting or otherwise making available any Content, you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and the Company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

Intellectual Property

The Service 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, Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.

Disclaimers

The Service is provided on an 'as is' and 'as available' basis, without any warranties of any kind, either express or implied. The Company does not guarantee that the Service will be uninterrupted or error-free, and it is not responsible for any delays, inaccuracies, errors or omissions arising from your use of the Service.

Limitation of Liability

In no event shall the Company be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits, lost data, or any other damages arising from or relating to your use of the Service, even if the Company has been advised of the possibility of such damages. In no event shall the Company's total liability to you for all damages, losses, and causes of action arising from or relating to the Service exceed the amount paid by you for the Service.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising from or relating to your use of the Service or your violation of these Terms.

Termination

The Company may terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms, you may discontinue using the Service.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of British Columbia, without giving effect to any principles of conflicts of law.

Dispute Resolution

In any dispute between you and Unbounce relating to this Agreement, the Site, or the Services, you agree that the dispute shall be governed exclusively by the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with this Agreement will be referred to and resolved by arbitration. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada, and the language of arbitration will be English. Any claim, proceeding, or action that arises under this Agreement involving the ownership of intellectual property shall submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia. However, Unbounce may seek and obtain injunctive relief in any jurisdiction. You agree that Unbounce may enforce this Agreement through injunctive relief and other equitable remedies, without proof of monetary damages. You agree that you will not bring a claim under or relating to this Agreement more than twelve (12) months from when your claim first arose.

Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the use of the Service, and supersede all prior agreements and understandings, whether written or oral, relating to the Service.

Changes to the Terms

The Company reserves the right to modify these Terms at any time, without notice or liability to you. Your continued use of the Service following the posting of changes to these Terms will constitute your acceptance of such changes.

Contact Us

If you have any questions about these Terms, please contact us at support@eagerfox.com.


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