TERMS OF USE

Welcome to the Terms of Use for the FuseLight Service and Site.

1. DESCRIPTION OF SERVICE.

Hahn FuseLight, LLC, a Texas limited liability company (“FuseLight”) services include our GenAI subscription-based tool for predicting the media potential of proposed co-marketing partnerships (the “Service”) and our Web site located at www.fuselight.com (the “Site”) provides information regarding the Service and access to the Service. The content and media on the Site include, but are not limited to, any and all documents, reports, links, presentations, data, information, and videos on the Site regarding the features and functions of the Service (the “Content”). Use of the Service and the Site, including any updates, enhancements, new features, and/or the addition of any new links, is subject to this Terms of Use Agreement (the “TOU Agreement”).

FuseLight may discontinue, modify or suspend any aspect of the Site without prior notice of any kind. FuseLight may impose limits on use of the Site, or suspend or discontinue access to all or part of the Site without prior notice of any kind. Please check this TOU Agreement every time you visit to view any changes.

2. ACCEPTANCE OF TERMS.

You agree that your use of the Service and the Site is subject to the terms in this TOU Agreement. The terms “User” and “you” refer to any person who accesses the Site and uses the Service. You are authorized to use the Service and the Site only if you agree to abide by all applicable laws and to the terms in this TOU Agreement. Please read this TOU Agreement carefully. If you do not agree to the terms of this TOU Agreement, please immediately cease using the Service and the Site.

FuseLight reserves the right to, at any time, add to, change, update or modify this TOU Agreement simply by posting such change, update or modification on the Site and updating the “Last Modified” date at the bottom of this page. Any such change, update or modification will be effective immediately upon availability on the Site. You agree that your continued use of the Service and the Site shall constitute your acceptance of such revised TOU Agreement. Since this TOU Agreement may change from time to time, it is important that you regularly review the TOU Agreement to ensure that you are updated as to any changes.

This TOU Agreement, and any posted revisions to its terms, shall remain in full force and effect while you use the Service and the Site.

3. LICENSE GRANT AND USE RESTRICTIONS.

Except as otherwise provided on the Site, all rights, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in this Site belong to FuseLight or another party that has licensed their material toFuseLight. Except as expressly provided below, nothing on the Site shall be construed as conferring any license or right under copyright, trademark, or other intellectual property rights. Subject to this TOU Agreement, FuseLight grants to you a limited, non-transferable, non-exclusive and revocable right to access and make personal use of the Site, any links produced by the Service, and the materials and information contained on the Site for internal business purposes only. You also have the right to download any reports and links that are created by the Service. Except as stated herein, none of the material or information on or produced by the Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission ofFuseLight or the copyright owner.

FuseLight owns and will own the Service and the Site and will have the sole and exclusive right, title and ownership in and to: (a) the Site and any and all Services (which includes, without limitation, all data and information that is produced, created or otherwise emanates from the Service, collectively referred to herein as the “Service Outputs”), (b) all intellectual property associated with and/or relating to the Site, the Service and the Service Outputs, (c) all intellectual property developed pursuant to this TOU Agreement, and (d) all intellectual property rights relating to any of the foregoing (other than your brands, trademarks and service marks). Notwithstanding the foregoing, the Company acknowledges and agrees that you own all of your data and other information that you input into the Site.

You may not “mirror” or scrape any material or data contained on the Site. You also may not disassemble, reverse engineer, decrypt, decompile, create derivative works from, modify, store, render, archive, retain, scrape or translate the Service, the Site or any the documentation relating thereto (the “Documentation”) or any portion or component thereof, or recreate or attempt to recreate the Service, the Service, the Site or the Documentation, in whole or in part by reference to the Service, the Site or the Documentation, or perform any process intended to determine the source code for the Site (or any component thereof), except to the extent that the foregoing restriction is prohibited by applicable laws.

Any unauthorized use of any material contained on the Site or reports produced by the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to this TOU Agreement, you may copy, distribute and download the links and reports produced by the Service for your personal, non-commercial internal business use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

4. PRIVACY AND PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

See our Privacy Policy [insert hyperlink] relating to the collection and use of your personally identifiable information. For purposes of the Privacy Policy, the term “Personally Identifiable Information” refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains.

5. CONTENT ON THE SITE.

5.1. Content on the Site. You are not permitted to use any Content or to reproduce the Content in any manner except as expressly set forth in this TOU Agreement.

5.2. Monitoring of Content. FuseLight and its agents and designees reserve the right to monitor, restrict access to, edit, modify or remove any Content on the Site. FuseLight reserves the right at all times to disclose any information FuseLight deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, modify, refuse to post or to remove any information or materials, in whole or in part, in FuseLight’s sole discretion. THESE RIGHTS WILL NOT BE CONSTRUED TO CREATE ANY LIABILITY TO FUSELIGHT IN CONNECTION WITH ANY CONTENT.

5.3. Limitations. Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
ALL INFORMATION, MATERIALS, CONTENT, REPORTS, SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND BY FUSELIGHT. FUSELIGHT MAKES NO GUARANTEE WHATSOEVER THAT THE USE OF THE SERVICE NOR THE REPORTS GENERATED BY THE SERVICE WILL RESULT IN SUCCESSFUL MARKETING CAMPAIGNS OR INCREASED SALES. IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE SERVICE, OR FOR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE MAY ALSO CONTAIN LINKS TO THIRD PARTY WEBSITES. WHEN YOU ACCESS THIRD PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK. THIRD PARTY LINKS PUBLISHED OR POSTED BY USERS OR SPONSORS DO NOT CONSTITUTE OR IMPLY AN APPROVAL OR ENDORSEMENT BY FUSELIGHT OF ANY INFORMATION, MATERIALS, DOCUMENTS, SERVICES OR PRODUCTS AVAILABLE ON THIRD PARTY WEBSITES. FUSELIGHT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR ACCURACY OF INFORMATION, DOCUMENTS, MATERIALS, SERVICES OR PRODUCTS PUBLISHED, POSTED OR MADE AVAILABLE AS PART OF THE CONTENT, SERVICES OR PRODUCTS OFFERED BY USERS FOR ANY PURPOSE.

FUSELIGHT DISCLAIMS ALL WARRANTIES, GUARANTEES AND CONDITIONS WITH REGARD TO INFORMATION, MATERIALS, CONTENT, REPORTS, SERVICES AND PRODUCTS, WHETHER PROVIDED BY FUSELIGHT, ITS AFFILIATED ENTITIES OR THIRD PARTIES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL FUSELIGHT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON THE SITE OR BY THIRD PARTIES, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY FUSELIGHT OR THIRD PARTIES, WHETHER OR NOT FUSELIGHT KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.

FUSELIGHT DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. FUSELIGHT ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S CONTENT OR ELECTRONIC DEVICE. FUSELIGHT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE EQUIPMENT OR SOFTWARE. UNDER NO CIRCUMSTANCES SHALL FUSELIGHT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SITE, OR FROM THE CONDUCT OF ANY USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

IN ANY CASE, FUSELIGHT’S TOTAL, CUMULATIVE LIABILITY UNDER THIS TOU AGREEMENT SHALL NOT EXCEED THE GREATER OF $100.00 OR ANY FEES RECEIVED BY FUSELIGHT FROM YOU FOR USING THE SITE. THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.

PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE FUSELIGHT, ITS AFFILIATES AND AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT FUSELIGHT WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THE TERMS ARE REASONABLE.

7. NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Site and the Service, you will not use the Site or Service for any purpose that is unlawful or prohibited by this TOU Agreement. You acknowledge that the Service is intended for your own internal business use. You represent and warrant that you are providing true and accurate information in connection your registration on the Site. FuseLight reserves the right to investigate and take appropriate legal or other action against any Users who violate this provision (as determined in FuseLight’s sole discretion), including, without limitation, removing, editing or modifying any offending Content, or denying, restricting, or suspending or terminating your access to all or any part of the Site, with or without prior notice or explanation, and without liability to FuseLight. FuseLight has no obligation to take any of the above-referenced actions, and is not responsible for the conduct of any Users who violate this provision.

You will not:

7.1. Use the Site or Service for any unlawful purpose.
7.2. Post the results of the Service on any social media app or use the FuseLight name and/or brand on social media to display the Content in a public forum or otherwise attribute the results of the Service to FuseLight (or any affiliate thereof).
7.3. Use the Site or the Service in any manner that could damage, disable, overburden, or impair any of the servers connected to any of the Site’s servers, or interfere with any other party’s use and enjoyment of the Site.
7.4. Attempt to gain unauthorized access to any part of the Site, other accounts, computer systems or networks connected to any Site server, through hacking, password mining or any other means.
7.5. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
7.6. Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative, exploitive or unsolicited messages (commercial or otherwise).
7.7. Advertise products of any kind that you or someone else manufacturers, supplies, distributes. This includes not publishing, posting, uploading, discussing, mentioning or listing the telephone numbers, addresses, facsimile numbers, e-mail addresses, domain names or Web links of your manufacturing, supply, retail, or wholesale business or any other business of this type.
7.8. Publish, post, upload, link to, discuss, disseminate, mention, or list your own personal contact information if it is for the purpose of advertising, distributing or selling products or services that you or someone else manufactures, supplies, distributes or sells.
7.9. Publish, post, upload, link to, discuss, disseminate, mention or list names, telephone numbers, addresses, e-mail addresses, facsimile numbers, domain names or websites of any other Users.
7.10. Defame, abuse, harass, stalk, threaten, offend, provoke, name call, or otherwise violate the legal rights (including the rights of privacy and publicity) of others.
7.11. Publish, post, upload, disseminate, use, input, or make comments that are of an abusive, violent, inappropriate, vulgar, profane, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable or unlawful nature.
7.12. Publish, post, discuss, upload, input, disseminate or mention illegal activities of any kind, including, without limitation, references to illegal drug use, terrorist activities, making or buying illegal weapons, violating someone else’s privacy or child pornography.
7.13. Publish, post, upload, input, disseminate, post Web links to or otherwise make available any content that is obscene, lewd, violent, sexually explicit, pornographic or otherwise objectionable or illegal.
7.14. Publish, post, upload, use or otherwise make available, pass off as your own, or solicit for exchange, sale or purchase, any content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
7.15. Post, upload, input, disseminate, link to, use, modify, copy, reproduce, republish, transmit or otherwise make available any content, which is made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other personal or proprietary right of any party.
7.16. Publish, post, upload, input, disseminate, use, link to or otherwise make available any image, photograph or picture of any other person or User without that person’s or User’s consent.
7.17. Upload files to the Site that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
7.18. Use the Site or the Service in any manner that is inconsistent with or violates any applicable laws or regulations.
7.19. Register or use the Site or the Service if you are under the age of 18.

8. FEEDBACK.

FuseLight welcomes your comments and feedback about the Service and the Site. You agree that, by sharing such feedback with FuseLight, you grant to FuseLight a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Service or Site any suggestions, enhancement requests, recommendations, corrections, or other feedback you provide relating to the Service.

Note that FuseLight does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans or new product/service names. Please do not send FuseLight such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when FuseLight’s Service, products or marketing strategies appear similar to ideas submitted to FuseLight. All such submissions to FuseLight are considered the property of FuseLight. FuseLight does not have an obligation to protect the confidentiality of any such submission. FuseLight will exclusively own all known or later-existing rights to such submission worldwide, and will be entitled to the unrestricted use of any such submission for any purpose, without compensation to you or any third party provider of such submission.

9. COPYRIGHT COMPLAINTS.

Materials may be made available on the Site by third parties not within FuseLight’s control. FuseLight respects the intellectual property rights of others, and FuseLight asks the Users of the Site to do the same. It is FuseLight’s policy not to permit materials known by FuseLight to infringe another party’s copyright to remain on the Site. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify FuseLight by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FuseLight to locate the material;
· Information reasonably sufficient to permit FuseLight to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10. INTELLECTUAL PROPERTY OF FUSELIGHT.

The Site contains content protected by copyright, trademark, and other law, and FuseLight owns and retains all rights in this content.

11. COPYRIGHT NOTICE.

12. TRADEMARKS.

FuseLight is a trademark of Hahn FuseLight, LLC.

13. JURISDICTION AND DISPUTES.

This TOU Agreement is governed by the laws of the State of Texas, without regard to its conflicts of law provisions, the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Site, your breach of this TOU Agreement and/or arising from any breach of your agreements, representations and warranties set forth in this TOU Agreement. You submit to the exclusive jurisdiction of such courts for such purpose, and agree not to contest venue as appropriate in Texas. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY.

14. INDEMNITY.

You agree to indemnify, defend, and hold harmless FuseLight and its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

15. ORDER OF PRECEDENCE.

If you are a FuseLight client, in the event of an inconsistency or conflict between this TOU Agreement and your client agreement with Hahn FuseLight, LLC (or any affiliate thereof), your client agreement shall govern.

16. MISCELLANEOUS.

This TOU Agreement is accepted upon your use of the Site. This TOU Agreement and the Privacy Policy constitute the entire agreement of the parties with respect to your use of the Site. The terms in this TOU Agreement may be modified by FuseLight at any time, and by you only with the prior written consent of FuseLight in each instance. Any claim with respect to your use of this Site must be brought within one (1) year of the date that the claim arises. If any provision of this TOU Agreement is held unenforceable, the remaining provisions will be enforced to the maximum extent possible. No waiver by FuseLight of any rights under this TOU Agreement constitutes a waiver of any other right, or right to enforce any subsequent breach of this TOU Agreement. In the event FuseLight is forced to enforce its rights against you, in addition to any other remedies, you agree to pay FuseLight’s reasonable costs, including attorneys’ fees and costs of suit.

Last Modified: ________, 2024