Terms of Service

  1. ACCEPTANCE.

    BY USING ANY OF THE FUZE SERVICES, YOU AGREE TO ACCEPT, AND BE BOUND BY, THESE GENERAL TERMS AND CONDITIONS.

    This agreement is between FuzeBox, Inc. ("Fuze" or "we") and you ("you"), as an authorized user of the "Fuze Services" (as defined in SECTION 2, below). If you are using the Fuze Services on behalf of an entity, you represent and warrant that you are authorized to sign for and bind such entity, and "you" shall refer to such entity.

    We reserve the right to change these terms and conditions by posting an updated version on our website. You are responsible for reviewing the changes to these terms and conditions and the policies incorporated herein from time to time, and your use of the Fuze Services after the effective date of any such change shall constitute your acceptance of all such changes.

  2. FUZE SERVICES.

    The Fuze Services are owned and operated by Fuze. The Fuze Services include the following:

    1. FuzeBox Ignite, our meeting, presence, and IM services using the FuzeBox platform.
    2. Fuze Meeting, our web conferencing tool.
    3. Fuze Messenger, our integrated web messenger app.
    4. Fuze Movie, our media collaboration software.

    We reserve the right to terminate or modify individual features of the Fuze Services from time to time with or without notice to you.

  3. PAYMENTS AND CHARGES.

    You will pay all charges and fees imposed by Fuze for your use of the Fuze services, including but not limited to, one-time activation and setup fees, monthly or annual recurring fees, usage fees, as well as all excise taxes and regulatory surcharges imposed upon Fuze for the Fuze Services (collectively, the "charges"). The amount of the Charges may change from time to time, and we will notify you of any such charges at your provided email address. Continued use of the Fuze Services after any such change constitutes your acceptance of new or modified Charges.

  4. INTELLECTUAL PROPERTY.

    The Fuze Services made available to you in connection with your use of the Fuze Services are protected by copyright, trademark, patent, and/or other intellectual property laws. Your use of the Fuze Services is governed by these terms and conditions and any other specific agreement between Fuze and you.

    Except as expressly provided herein, you do not have any express or implied right to use the Fuze Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Fuze Services, except as expressly authorized herein.

    Fuze's trademarks, websites, corporate names, trade names, domain names, logos, and service marks ("marks") are our property. You may not use our marks without our prior written consent. All Fuze Services, text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or commercially produced information presented to you through the Fuze Services (collectively, "Content") by Fuze or our advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; and you are permitted to use the Content only as expressly authorized. You may not copy, reproduce, distribute, or create derivative works from this Content without express written authorization by Fuze or such advertiser.

  5. CONDUCT.

    You are solely responsible for the content of all communications made by or to you through your use of the Fuze Services, and for all activity with respect to your account, including any unauthorized use by any third party.

    In connection with your use of the Fuze Services, you shall (i) maintain and update all information you are required to provide to Fuze, (ii) use the Fuze Services in compliance with applicable local, state, federal, and international law, (iii) not to use the Fuze Services for illegal purposes, and (iv) comply with all regulations, policies and procedures of networks connected to the Fuze Services.

    You shall not use the Fuze Services to (i) make any are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or include otherwise objectionable communications, (ii) encourage criminal conduct, conduct that could give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation, (iii) gain or attempt to gain unauthorized access to other computer systems, or (iv) interfere with any other person's use and enjoyment of the Fuze Services.

  6. PRIVACY POLICY.

    Our use of any personal information you provide is governed by our privacy wolicy set forth at www.fuzemeeting.com/privacy, as amended from time to time, and incorporated by this reference.

  7. DISCLAIMER OF WARRANTIES.

    USE OF THE FUZE SERVICES IS AT YOUR SOLE RISK.

    THE FUZE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

    FUZE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    WE MAKE NO WARRANTY THAT THE FUZE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE FUZE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE DO NOT GUARANTEE ANY SPECIFIC RESULT FROM USING THE FUZE SERVICES, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FUZE SERVICES, OR THAT DEFECTS IN THE FUZE SERVICES WILL BE CORRECTED.

    FUZE ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE OR DELIVER CONTENT.

  8. LIMITATION OF LIABILITY.

    FUZE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ANY FUZE SERVICE OR FOR THE COST OF PROCURING ANY SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE FUZE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  9. FORCE MAJEURE.

    Fuze shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control, whether or not foreseeable by any party.

  10. INDEMNIFICATION.

    You shall indemnify, defend, and hold Fuze, its parents, subsidiaries, affiliates, officers, directors, and employees free and harmless from any and all claims, costs, damages, and expenses (including but not limited to reasonable attorneys' fees), which arise from or are related to any act or omission by you in connection with the use of the Fuze Services, including but not limited to, any such claims, costs, damages, and expenses arising from or related to your violation of any terms and conditions of this Agreement, your violation of any applicable law, rule, or regulation, or any infringement by you (or any other person using the Fuze Services in reliance on your rights under this Agreement) of any intellectual property or other rights of any other person. This SECTION 11 shall survive termination of this Agreement.

  11. TERMINATION.

    Fuze and you may terminate the Fuze Services with or without cause at any time. Fuze shall not be liable to you or any third party, or responsible for any charges or any other expense incurred with respect to the termination.

    Termination by you shall occur only when you both (i) discontinue your use of the Fuze Services, and (ii) notify Fuze by calling our Customer Care Department at (800) 844-4118, If you are under a monthly or annual service plan, termination by you shall be deemed effective at the expiration of such monthly or annual service period, provided you discontinue use of the Fuze Services at the expiration of such service period. Notwithstanding any other provision of this Agreement to the contrary, if you object to any of these terms and conditions or any subsequent modifications thereto or becomes dissatisfied with the Fuze Services in any way, you agree that your sole and exclusive remedy shall be to terminate the Fuze Services as described above.

    We may terminate the Fuze Services by delivering to you written or electronic notice of such termination. Except for a termination due to your breach of these terms and conditions, if you are under a monthly or annual service plan, our termination shall be deemed effective at the expiration of such monthly or annual service period, and you will continue to be subject to these terms and conditions until the effective date of termination.

  12. ARBITRATION.

    Any dispute arising under these terms and conditions or in connection with the Fuze Services which are not resolved within 30 days following the delivery by one party to the other of a written notice describing the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The decision of the arbitrator shall be final and binding on the parties, and judgment thereon shall be entered in a court of competent jurisdiction. YOU ACKNOWLEDGE AND AGREE THAT BY CONSENTING TO THIS AGREEMENT, YOU ARE CONSENTING TO BINDING ARBITRATION OF ALL DISPUTES HEREUNDER, AND THAT IN ARBITRATION, YOU SHALL NOT HAVE A RIGHT TO A JURY TRIAL, SHALL HAVE LIMITED DISCOVERY RIGHTS, AND SHALL HAVE VERY LIMITED RIGHTS OF APPEAL FROM THE DECISION OF THE ARBITRATOR.

  13. MISCELLANEOUS.

    The Agreement shall be governed by and construed in accordance with the internal laws of the State of California, excluding its conflict of law provisions. Subject to the provisions governing arbitration under SECTION 13, above, you and Fuze agree to submit to the exclusive jurisdiction of the courts of the State of California and further agree that the exclusive venue for any cause of action arising under or relating to this Agreement or the Fuze Services provided hereunder shall be the Superior Court in and for the County and City of San Francisco, California, sitting in the City of San Francisco, California. You and Fuze agree that any cause of action arising out of or related to the Agreement or the Fuze Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

    These terms and conditions do not provide any person or entity that is not a party with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

    If any of these terms and conditions are determined by an arbitrator or court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions shall remain in full force and effect.

    These terms and conditions (i) constitute the entire agreement between Fuze and you and supersedes all prior agreements between the parties regarding the subject matter contained herein, and (ii) may be modified or amended only in the manner expressly set forth herein.

    Fuze may at any time and from time to time assign its rights and delegate its duties without your prior consent. You may not assign your rights to any other person under any circumstances.

    Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fuze in writing.

    The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

You can contact Fuze by:
Email: care@fuzebox.com
Mail: FuzeBox, Inc.
150 Spear St., Suite 550, San Francisco, CA 94105
Last Updated: 06/17/2011