Welcome to Pozfusion. (referred to as “Pozfusion”) where professional web design is the name of the game. This Pozfusion Services Member Agreement (the "Agreement") explains the terms and conditions governing your use of Pozfusion’s services, technology, and any other content available on the Pozfusion service. By checking the box and clicking on the ‘Continue’ button, you accept these terms and conditions and acknowledge that the Pozfusion service is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not purchase this service. By registering and purchasing any Pozfusion service, you agree to use the Pozfusion service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.
1. Services
(a) Purchasing Pozfusion's service entitles you (a "Member") to all the tools, content, and services available on the system regardless of your use of them.
If you would like to switch Pozfusion services, please contact Customer Care or apply the changes on your own (in your "Account Summary" in the Customer Login Area.
(b) Pozfusion Services and Technology: You will be able to use the proprietary and licensed technology inorated in the Pozfusion Service to build and maintain your web site ("Member Site") ("Technology"). Pozfusion may offer other tools and services that are not included in any Pozfusion Service, including premium or custom services for which an additional fee will apply. Separate terms and conditions apply for each Pozfusion Solution and will be outlined in a separate agreement.
2. Payment Terms
(a) For access to and use of any Pozfusion Service, you agree to pay all fees and charges specified in the Pozfusion Service fee schedule. All fees are due immediately and are non-refundable. Pozfusion asks that you provide us with your credit card information for payment, and all charges you incur for use of the Pozfusion Service will be charged to the credit card number you provide. If Pozfusion does not receive payment from the card issuer, you agree to pay Pozfusion all amounts due upon demand. Pozfusion may take commercially reasonable actions to validate your credit card and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you to the extent allowed by law. You understand that if Pozfusion does not receive timely payment of all amounts due for any Solution you purchase, your use of any Pozfusion Service or Solution may be severely restricted or terminated at Pozfusion's sole discretion. This includes any Information you provide to Pozfusion while using any Pozfusion Service or Solution.
THE FEE FOR ANY Pozfusion SERVICE IS NONREFUNDABLE. Pozfusion WILL NOT REFUND ANY FEES PAID BY YOU IF YOU TERMINATE YOUR AGREEMENT WITH US.
(b) Pozfusion reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with Section 4.
(c) You agree to notify Pozfusion immediately if you suspect unauthorized use of the Pozfusion Service, your credit card, or your password. Under the Fair Credit Billing Act, your credit card provider cannot hold you liable for more than $50 of fraudulent charges. Subject to the following, if your credit card provider holds you liable for any of this $50, Pozfusion will cover your entire liability up to the full $50. Pozfusion will cover this liability only if the unauthorized use of your credit card is solely a result of a negligent act or omission by Pozfusion, and only for purchases made at Pozfusion while using the secure server. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
(d) You agree to pay any taxes, including personal property taxes or sales taxes (GST for Canadian Customers), resulting from your use of the Pozfusion Services. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.
3. Restrictions and Description of Prohibited Acts
(a) You may not use the Pozfusion Service or Pozfusion Solution, the selection of a web address for your Member Site, the Technology, or the Member Site to, including, but not limited to:
(i) display material containing pornographic material or adult paraphernalia of any kind, whether viewable by the general public or hidden in password protected areas ?(ii) provide material that is grossly offensive to the Pozfusion online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity, or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content ?(iii) sell or promote any products or services that are unlawful in the location at which the content is posted or received ?(iv) access illegally or without authorization any computers, accounts, or networks of Pozfusion or any Pozfusion Member, or attempt to penetrate Pozfusion's security measures ("hacking"), or conduct a port scan, stealth scan, or other information-gathering activity the intent of which is to gather information to be used to attempt a system penetration; or upload to Pozfusion, send through Pozfusion, or have Pozfusion host or distribute any Internet viruses, worms, Trojan horses, other harmful code, pinging, flooding, mail bombing, or denial-of-service attacks; or disrupt the use of or interfere with the ability of others to effectively use an Pozfusion Service or any connected network, system, service, or equipment ?(v) display material that exploits, or otherwise exploit, children under 18 years of age ?(vi) post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party ?(vii) promote, solicit, or participate in pyramid schemes ?(viii) post any content that holds Pozfusion up to public scorn or ridicule ?(ix) engage in any libelous, defamatory, scandalous, threatening, or harassing activity ?(x) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents' consent, in case of a minor) ?(xi) post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence. ?(xii) post any information, images or content that Pozfusion (in its sole discretion) deems immoral or unfit for general public consumption.
(b) You agree that without the express consent of Pozfusion (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell, or offer to sell the following products or content (or services related to the same) on the Member Site you create: pharmaceutical or any other controlled substances; illegal drugs; illegal drug contraband; alcohol; firearms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; adult paraphernalia; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades, or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus.
(c) You also agree that you will never promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals. You may not use the Pozfusion Service, Technology, or Member Site in any high-risk activities where damage or injury to persons, property, environment, or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(d) Unless Pozfusion offers a service to conduct any of the following, you agree that you will never conduct the following types of activities on the Member Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial Email (spam).
(e) You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Pozfusion Service, Pozfusion Solution, or any Technology; individual passwording of Member Sites (or pages contained therein); deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using an Pozfusion Service, Pozfusion Solution, or Technology to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws.
(f) You agree and acknowledge that at all times, Pozfusion retains all rights to the graphical design of the website or template used by you as a paying customer. Images are licensed royalty-free images that Pozfusion does not sell, sublicense or offer for lease to any customers before, during or after their time with Pozfusion as a customer.
4. Changes to the Terms and Conditions
Pozfusion may at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Except for the addition of new tools and services, Pozfusion will also give reasonable notice before any modification of the then-current Pozfusion Service that could change your Member Site. Pozfusion will announce changes to our fees and charges by posting them in the Home section of our service (first page once a customer logs into to Client Area). Pozfusion may, at its discretion, supplement such notice by sending you an email or by putting a popup notice on your screen when you access the Pozfusion Service, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this greement by following the steps described in Section 8.
5. Pozfusion Signature
Pozfusion relies on the ongoing support of its customers to help fund the services it offers its Members. Accordingly, Pozfusion reserves the right to include its signature in text ("online website builder: Pozfusion ") at the bottom of each web page Pozfusion hosts. This will be unobtrusive so as not to detract or in any way distract our customers’ web site visitors.
6. Information About You and Your Business
(a) Pozfusion is committed to protecting your privacy. Pozfusion will never sell personally identifiable information about you or your business to any third party without first receiving your permission, and all uses of any personally identifiable information about you or your business will be subject to our Privacy Policy.
(b) In order to protect you, Pozfusion uses state-of-the-art technology to protect your data from unauthorized third parties. Currently Pozfusion uses Secure Sockets Layer (SSL) software to protect your data and secure your transactions. SSL encrypts or "scrambles" all your personal information, including your credit card number, name, and address, as it is transmitted over the Internet. For more details, please visit Security.
7. Pozfusion Rights
(a) Member Site Content Changes. Pozfusion reserves the right to make changes to Member Site upon written request by you to Customer Care to do so, such as through email, or upon breach of any of the provisions of this Agreement by providing you notice of such breach and reasonable time, determined by Pozfusion at its sole discretion, to rectify the infringing content. If after such time has expired the Member Site does not conform to Pozfusion's satisfaction, Pozfusion may make changes to the content of Member Site to bring it to compliance with this Agreement. Member agrees not to hold Pozfusion liable for any foreseeable, unforeseeable, direct, or indirect consequences that may result from changes made by Customer Support to Member Site in response to Member request to do so or in response to a Member Site that breaches this Agreement. Pozfusion's decisions are final and binding. Notwithstanding the above, Pozfusion also reserves the right to discontinue the provision of any or all aspects of the Pozfusion Service or any Pozfusion Solution to any Member for any breach of this Agreement.
(b) Communications. You will receive a confirmation email from us at the time of registration. Once registered, you can set your email subscription preferences by clicking on the My Account link in the upper right corner of the Service, then choosing the Email Subscriptions link. If you choose to receive Member communications, you may choose to change your email preferences at any time by following the instructions above. Pozfusion reserves the right to communicate with all Members regardless of their email subscriptions in the event that important messages need to be communicated to Members, including, but not limited to, service outages, material changes or modifications to the service, and notice of changes to this Agreement.
8. Term/Termination
(a) Term.?This agreement shall be effective upon when you click on the Continue button until terminated in accordance with the provisions below.
(b) Termination by Pozfusion.
(i) Pozfusion may at any time without notice to you discontinue any or all aspects of the Pozfusion Service or restrict your use of the Pozfusion Service in whole or in part for any breach of this Agreement by you; or if Pozfusion determines in its sole and exclusive judgment that terminating your use of the Pozfusion Service is necessary for security reasons or for proper continued operation of the Pozfusion Service; or your use of the Pozfusion Service, Pozfusion Solution, or Technology is not for legitimate business purposes, or your use of the Pozfusion Service violates any laws or regulation; or if Pozfusion receives information that the Pozfusion Service or your use of the Pozfusion Service (or any part thereof) may violate any third-party right. ?(ii) Pozfusion may at any time, with thirty (30) days notice to you, modify or discontinue any or all aspects of the Pozfusion Service. ?(iii) Pozfusion may at any time, with ten (10) days notice to you, modify or discontinue any or all aspects of the Pozfusion Service or any Pozfusion Solution, if the credit card number you provide Pozfusion expires, or if Pozfusion is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to Pozfusion hereunder. ?(iv) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If Pozfusion terminates this Agreement or suspends your access to the Pozfusion Service, you will remain liable for the full charge for the period during which we terminate or suspend your Pozfusion Service. Following such termination or suspension, you agree not to reregister for or otherwise access the Pozfusion Services without Pozfusion's prior written approval. Pozfusion reserves the right to delete any data files associated with your use of the Pozfusion Service upon termination of this Agreement. ?(v) In the event that a charge back occurs on your credit card which is your responsibility (for example, insufficient funds) then you agree to cover the $25 US charge. If the error is as a result of Pozfusion’s mistake, no charge back fee will apply.
(c) Termination by You.?You may cancel your Pozfusion Service at any time. To cancel, you must submit a written request to Customer Care at least five (5) business days before the beginning of your next billing period. If your notice to Pozfusion is within this five (5) business-day period before the beginning of your next billing period, you will be charged for the subsequent billing period, and the cancellation will take effect for the following billing period. Any cancellations that occur after the monthly payment is withdrawn from your credit card are non-refundable and are not pro-rated.
Effects of Cancellation?If you cancel your Pozfusion Service, then as of the end of the applicable billing period, you will no longer have access to any of the tools and services included in the service, therefore:
(i) Pozfusion will no longer host your web site, and all of your Information will be deleted ?(ii) you will no longer have access to any site building services, communication tools, or reports ?(iii) you will no longer have access to your Web Mail, and any files, emails, attachments, email addresses, and any other information or content included in your Web Mail account will be deleted ?(iv) you will have no rights to the graphics or design Pozfusion has provided once cancellation is in effect (i.e.: design and graphics are the sole property of Pozfusion).
Pozfusion IS NOT RESPONSIBLE FOR THE DELETION OF ANY FILE, ATTACHMENT, INFORMATION, CONTENT, OR ANY OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL THIS SERVICE.
9. Indemnification
You agree to indemnify Pozfusion and hold Pozfusion harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from:
(i) Your use of the Pozfusion Service in a way that is prohibited or restricted under this agreement ?(ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Member Site ?(iii) any breach by you of this Agreement; and/or ?(iv) any indecent, obscene, or libellous material posted on your Member Site.
10. Reporting Violations
Pozfusion does not routinely monitor the content of Member Sites but will investigate complaints of a violation of third-party rights. Violations or infringement of a third-party copyright, other intellectual property right, or other right will be dealt with in accordance with the Pozfusion policy.
11. Proprietary Rights
As between the parties, Pozfusion acknowledges that it claims no proprietary rights in your Information or any intellectual property right contained therein. As between the parties, you acknowledge and agree that Pozfusion and its licensors own all right, title, and interest in:
(a) The Pozfusion Service or any Pozfusion Solution
(b) The Technology available on the Pozfusion Service or Pozfusion Solution
(c) And all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained or maintained on the Pozfusion Service or Pozfusion Solution (collectively "Pozfusion Content"), excluding all Member Information.
In addition, you agree that the Pozfusion Content and Technology available on the Pozfusion Service or any Pozfusion Solution is protected by Canadian, U.S. and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws; therefore, you are permitted to use this Pozfusion Content and Technology only as expressly authorized by Pozfusion. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all Pozfusion Content available on the Pozfusion Service or Pozfusion Solution is the exclusive property of Pozfusion and its licensors and protected by U.S. and international copyright laws. You agree that, except as expressly authorized by Pozfusion, all the Pozfusion Content and Technology available on the Pozfusion Service or Pozfusion Solution may be used by you only for your internal business and data-gathering purposes. You may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this Pozfusion Content or Technology without expressly being authorized to do so by Pozfusion.
12. Trademarks
Pozfusion (TM), what the web can be (TM), Pozfusion solutions (TM) and other pending and/or registered trademarks and service marks, and other graphics, logos, and service names used by Pozfusion on the Pozfusion Service or Pozfusion Solutions to identify the products or services of Pozfusion (collectively the "Pozfusion Trademarks") are the trademarks of Pozfusion. You agree not to use the Pozfusion Trademarks in connection with your products or services or any third-party products or services or in any manner that disparages or discredits Pozfusion. All other brands and names (including third-party product names) used on the Pozfusion Service are the property of their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL Pozfusion, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Pozfusion SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE ON THE Pozfusion SERVICE ("Pozfusion AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE Pozfusion SERVICE ?(II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY ?(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF Pozfusion HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF Pozfusion AND THE Pozfusion AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO Pozfusion DURING THE TERM OF THIS AGREEMENT FOR ANY Pozfusion SERVICE, Pozfusion SOLUTION, OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS Pozfusion OR ANY Pozfusion AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND Pozfusion'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
14. Warranties/Disclaimers
Once you publish your site, you can expect 99 percent availability in any calendar month, excluding scheduled maintenance or outages beyond our control or other third-party service provider outages. Your published site is available when end users are able to download your homepage from Pozfusion.
If, for some reason beyond our control, the Pozfusion service in unavailable to you and your customers for less than 80% of the time (calendar month), Pozfusion will provide a refund for the affected month. You acknowledge that in no way will Pozfusion be held financially responsible for any loss of business / service as a result of downtime of your web site or the improper functioning of it. Please report any technical problems to Customer Care.
Once an Pozfusion refund is given (for affected calendar month), it will be applied to your next billing cycle. If a credit is necessary, you will receive the appropriate credit within 6 to 8 weeks of the end of the month in which the Performance Guarantee was breached. In no event will Pozfusion refund any portion of the package service fee. Availability shall be calculated solely by Pozfusion. This Performance Guarantee does not apply to any technology offered to you in a "preview" or "beta" mode.
The remedy stated above is your sole remedy for any breach of the Performance Guarantee.
(a) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER SITE DO NOT REFLECT THOSE OF Pozfusion, AND Pozfusion DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR THE CONTENT OR LEGITIMACY OF ANY MEMBER SITES. Pozfusion IS NOT RESPONSIBLE FOR THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR MEMBER SITE AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
(b) Pozfusion IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE Pozfusion NETWORK OR THROUGH ANY Pozfusion AFFILIATE PROGRAM OR THROUGH THE MEMBER SITES.
(c) EXCEPT FOR 14(a), ALL Pozfusion SERVICE, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE Pozfusion SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER Pozfusion NOR Pozfusion'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE Pozfusion SERVICE, CONTENT, TECHNOLOGY, OR PRODUCTS THAT Pozfusion OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES, AND Pozfusion AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE Pozfusion SERVICE OR TECHNOLOGY IS ERROR-FREE. Pozfusion AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
(d) Pozfusion DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. Pozfusion AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS APPEARING ON THE Pozfusion SERVICE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE Pozfusion SERVICE, Pozfusion SOLUTION, OR TECHNOLOGY.
(f) Pozfusion MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT Pozfusion IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT Pozfusion SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD-PARTY SITES.
(g) Pozfusion makes no warranty, pledge or guarantee as to the effect of Search Engine Marketing or Positioning on your business results.
15. Miscellaneous
(a) This Agreement shall be governed by and construed in accordance with U.S. federal laws, excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the federal and provincial courts of the province of Ontario, which are located in Toronto, ON. If local laws prohibit your participation in any part of the Pozfusion Service, or use of them, then you are responsible for complying with such laws and the terms of this Agreement.
(b) Any and all disputes between you and Pozfusion will be settled by arbitration in Toronto, ON, in accordance with the provincial regulations then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(d) All notices to you shall be in writing and shall be made either via email or conventional mail, or by posting such notices on the Pozfusion Service. Pozfusion may broadcast notices or messages through the Pozfusion Service to inform you of changes to this Agreement, the Pozfusion Service, or other matters of importance; such broadcasts shall constitute notice to you. All notices to Pozfusion from you must be made in writing via our Customer Care form.
(e) Pozfusion's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pozfusion in writing.
(f) Except in the event that you purchase any Pozfusion Solution, this Agreement comprises the entire agreement between you and Pozfusion and supersedes all prior agreements between the parties regarding the subject matter contained herein. Should you choose to purchase any Pozfusion Solution, you will be bound by all terms and conditions relating to the provision of such Pozfusion Solution.
(g) Your membership in the Pozfusion Service and any of your rights hereunder may not be assigned or transferred to any third party. Pozfusion reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.
(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.
17. OUR BACKUP POLICY.
We provide FTP access for all of our clients. By having FTP access to your PozFusion web site you will have the ability to backup, edit and change any graphics on your site. Also you will have direct access to the style sheet (.css) used for your Pozfusion.com website, where you will have the ability to change colors for even greater customization of your Pozfusion.com web site.

Please note: Being a template driven system, our policy is we keep backups of all of our client’s websites for ONLY 24 hours as a courtesy due to server capacity and maintenance protocols. For your protection we advise clients to keep text backups of their site content.

Please contact us at support@pozfusion.com and request FTP access, and we will send you the login information within 48 hours request.