We reserve the right to change, amend, or supplement these Terms and/or to impose new conditions on access and/or use of the Ads or Sites, from time to time, without advance notice, by posting the revised Terms on Sites; by any further access and/or use of the Ads and/or Sites, you are deemed to have accepted the Terms, as revised and posted.
Availability of the Sites
There may be interruptions in service that are beyond our control. While we use reasonable efforts to keep the Sites accessible, the Sites may be unavailable from time to time, for any reason, including but not limited to routine maintenance. You understand and acknowledge that access and/or use of the Sites may be interrupted, suspended, or terminated. Fusion92 retains the right and sole discretion to deny service and/or access to the Sites to anyone or any account, at any time and for any reason.
Your Conduct on the Sites
As a condition of your access and/or use any of the Sites, you acknowledge, warrant, and agree that: (i) you are an individual person more than 13 years of age; (ii) your use of the Sites will at all times comply with these Terms and all applicable laws and regulations.
BY ACCESSING AND/OR USING ANY OF THE SITES, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES (each of which constitute express violations of these Terms):
- attempting to access, or actually accessing data that is not intended for you, such as logging into a server or an account which you are not authorized to access;
- attempting to scan or test the security or configuration of a Site or to breach associated security or authentication measures;
- tampering or interfering with the proper functioning of any part, page, or area of a Site or any of the functions and services provided through a Site;
- attempting to interfere with service to any user of a Site in any manner, including, without limitation, by means of submitting a virus to a Site, or any attempts of hacking, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing” a Site;
- using a Site or any of a Site’s contents to advertise or solicit, for any commercial, political, religious, or other inappropriate purpose, or any attempts to compete, directly or indirectly with Fusion92;
- using a Site or any of a Site’s resources to solicit users or advertisers to become users or partners of other online or offline services which might be directly or indirectly competitive with Fusion92;
- using any information from a Site for any commercial purpose, including, but not limited to, marketing;
- accessing, monitoring, or copying any content or information from a Site using any robot, spider, scraper, or other automated or manual means/process for any purpose without our express, advance, written permission;
- violating the restrictions in any robot-exclusion headers on a Site or bypassing or circumventing other measures employed to prevent or limit access to a Site;
- taking any action that places excessive demand on our services, or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
The content/information on the Sites related to Clients is supplied by Clients, which Clients bear sole responsibility for the accuracy and completeness of their content/information. You acknowledge, understand, and agree that you have the obligation to, and must, personally evaluate and bear all risks associated with the use of any content/information on the Sites, including any reliance on the accuracy, completeness, or usefulness of that content/information.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES OR ANY OF FUNCTIONS OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THE SITES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FROM THE USE OF THE SITES OR MATERIALS ON THE SITES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Sites. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Sites are provided for informational purposes only, and are not intended for your commercial use. The Sites should not be used in any risky activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs; you expressly assume any and all risk for such use.
Your interactions with companies, organizations, and/or individuals found on or through the Sites, including any purchases, transactions, or other dealings, and any terms, conditions, warranties, and/or representations associated with such purchases, transactions or dealings, are solely between you and such companies, organizations, and/or individuals. You acknowledge, understand, and agree that we will not be responsible or liable for any loss or damage, in any manner whatsoever, incurred/suffered by you as the result of any such purchases, transactions or dealings. You also acknowledge, understand, and agree that, if there is a dispute between users of a Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, INCLUDING THE SITES’ INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES, OR THIRD-PARTY INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES MADE AVAILABLE THROUGH THE SITES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES, AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITEs, OR ANY INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES ON THE SITEs, OR WITH ANY OF THE SITES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, and licensors, from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of your use of the Sites, violation of these Terms by you or any other person using your account, and your violation of any rights of another person/party. We reserve the right, at our option and in our discretion, to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
These Terms constitute the entire agreement between us and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Sites. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern the subject. These Terns will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.
The obligations under these Terms are personal to you and may not be assigned by you to anyone. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred. All claims or disputes arising out of or related to these Terms or use of the Sites shall be resolved exclusively by a state or federal court in Chicago, Illinois, where Fusion92, LLC has its principal place of business, and you consent to the personal jurisdiction of and venue in such courts, and waive any objection to such courts being an inconvenient forum.
does not apply to the practices of companies that Fusion92 does not own or control or to people that Fusion92 does not employ.
Personally Identifiable Information
Personally Identifiable Information (“PII”) is data about you that is personally identifiable. Examples of personally identifiable information include name,
address, email address, credit card number, and/or any other information that is not otherwise publicly available. We use this information to provide you with
advertisements, respond to your questions and requests, to provide you with services you requested, and to improve the Sites, services, and offerings.
Non-Personally Identifiable Information
Non-Personally Identifiable Information (“NPII”) data is collected by Fusion92 and used for retargeting. We, and/or one or more of our technology partners,
may collect NPII from people who visit the Sites. This NPII data is anonymous, and can include information such as webpages viewed, date and time of webpage
views, domain type, location information associated with the viewer IP address, and interactions with an Ad. Fusion92 use different methods to collect this
NPII data, including cookies and web beacons, and is stored indefinitely.
Cookies are small text files that can store information. There are two types of cookies: session cookies and persistent cookies. Session cookies expire when
you close your browser, and persistent cookies stay on your computer until you delete them. Fusion92 may use both session and persistent cookies to customize
your web experience and to analyze web traffic.
cookies help us deliver advertisements, identify how many unique users visit us, save user preferences, and track user trends and patterns. We may
use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Sites or open our
HTML-formatted email messages. This information helps us to improve your experience of the Sites, including by improving
service. You may ‘opt out’ of the use of our cookies by clearing the web browser cache on any active web browsers. Additionally, you may opt out of retargeting
by disabling cookies on your browser. Please note that
disabling cookies may diminish the experience of many of the websites you visit.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us
once a year, free of charge, information
about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year.
If applicable, this information would include a list of the categories
of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year.
If you are a California resident and
would like to make such a request, please submit your request in writing to Fusion92 Legal, 440 West Ontario Street, Chicago, IL 60654.
Fusion92 uses location information in order to provide you with advertisements and promotions that are relevant to your geographic area. We may collect location information
(e.g., city and state and/or zip code) that is voluntarily provided by users who wish to view promotions and advertisements near them. In addition, we also use software that
allows us to infer general location (e.g., city and state) automatically from a user’s IP address. Also, we may obtain geographical location information from a user’s mobile
device or browser. If you want to limit the location information that is collected from a mobile device or browser, many devices and browsers provide functionality to disallow
the use of location information. If we are unable to infer your location, and you do not provide it to us, you may see content related to Chicago, Illinois, or other default locations.
Uses of Information
We may use any information collected from you via the Sites for any purpose related to the Sites, including to contact you for customer-service purposes,
to inform you of important changes/additions to
the Sites or the services offered over the Sites, and to send you administrative notices and/or any other communications that we believe may be of interest to you.
How Information Is Shared
We may share information that you voluntarily provide to us while on the Sites with the Clients or with third-party vendors if you provide us information in
a context about your use of the Sites.
For example, we may share your email address, coupon-clipping activity, and loyalty identification for that purpose. If you do not want us to share information
that you voluntarily provide to us,
you should not provide this information to us.
We may use third-party service providers to target and serve some of the advertisements you see on the Sites. We may share technical information, such as type
of webpages viewed and categories of
interest, from the Sites with these third-party service providers for their use in displaying Ads on the Sites. These providers may use their own browser or
flash cookies, web beacons, and similar
technologies to collect technical information (such as IP address, browser type, or webpages visited) from users of the Sites. These third-party
service providers may use that information, sometimes
in conjunction with similar information gathered through other websites, to deliver advertisements on the Sites and to other websites that participate
in the advertising networks of
those third-party service providers.
The data/information collected in connection with the Ad serving and targeting on the Sites does not identify you personally and does not include your name, address, email
address or telephone number, but it may include
the IP address of your computer. The use and collection of information by third-party service providers is governed by the relevant third party’s
We may also use aggregate and technical information collected from the Sites to report to our Clients on the efficacy of their advertising in generating
user interest. For example, we may provide information about how many
users clicked on each portion of a Client’s advertisement, how much time the users spent viewing an advertisement, the users’ IP addresses, browser types,
and other information that may help the Clients improve the
websites, services, and/or offerings of the Clients.
Sharing with Third Parties for Other Purposes
Fusion92 may occasionally release information about viewers of the Sites if required to do so by law or if, in our business judgment, such disclosure is
reasonably necessary: (a) to comply with legal process;
(b) to enforce our Terms; or (c) to protect the rights, property, or personal safety of the Sites, us, our affiliates, our officers, directors, employees,
representatives, Clients, other users, and/or the general public.
We may buy or sell various assets of Fusion92 as the business operations continue to develop. In the unlikely event that we sell some or all of our assets,
which might include the Sites, information about users of
the Sites may be among the transferred assets.
The security of your information is very important to us. All information we gather on the Sites is stored on secure servers and our internal systems.
However, as effective as the security measures may be,
no physical or electronic security system is impenetrable. We cannot and do not guarantee the security of information of the servers or databases of
the Sites or that information you supply will not be
intercepted while being transmitted to us over the Internet.
Children’s Privacy Statement
Fusion92 does not knowingly collect any personal information from a child under the age of 13 years.