Nimbus Web Inc. (dba FuseBase) - List of Disclaimers

These Disclaimers apply to the websites, proprietary software, SaaS, AI-enabled features, managed hosting and related services of FuseBase, subject to the applicable agreements.

Scope and priority

A separately signed agreement and its negotiated order of precedence control conflicts concerning its subject matter. Otherwise, applicable supplemental terms control solely for their specified service or subject: the EULA for proprietary software rights and its express software warranty, the Hosting Terms for hosting and maintenance expressly undertaken by FuseBase, the AI Supplemental Terms for AI functionality, and the Refund Policy for billing, cancellation and refunds. The DPA governs personal-data processing within its scope; an applicable BAA governs HIPAA-specific obligations, and mandatory international-transfer clauses retain their precedence. Third-party licenses govern rights in that software. Mandatory legal rights remain unaffected.

The exclusions, customer responsibilities, service-change rights and liability limitations in this document apply to the fullest extent permitted by law. They do not override the governing signed agreement, express warranties or services FuseBase undertakes under the applicable agreement, including managed deployment and maintenance, or duties under an applicable DPA, BAA or mandatory transfer clauses. No provision excludes a right or liability that cannot lawfully be excluded. These qualifications do not create additional warranties, support, service levels or refunds.

The installed-software warranty and remedies in the applicable EULA remain express commitments. The broad exclusions below do not nullify those remedies or the governing agreement’s treatment of liability for failure to perform expressly agreed services. They do not introduce a separate liability cap.

1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE FuseBase Software SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FUSEBASE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FuseBase Software AND YOUR USE THEREOF. FUSEBASE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF FuseBase Software, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF FuseBase Software, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH FuseBase Software BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FuseBase Software.

FUSEBASE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH FuseBase Software OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FUSEBASE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

2. Limitation of Liability

IN NO EVENT SHALL FUSEBASE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF FuseBase Software, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF FuseBase Software, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH FuseBase Software BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FuseBase Software, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUSEBASE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FUSEBASE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

3. Changes to FuseBase Software

Service changes remain subject to notice, data-return and other duties in the governing agreement and mandatory law.

FUSEBASE RESERVES THE RIGHT TO MAKE CHANGES IN FuseBase Software WITHOUT NOTIFICATION. FUSEBASE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT SUCH FuseBase Software WILL BE SUITABLE FOR THE SPECIFIED USE WITHOUT FURTHER TESTING OR MODIFICATION.

4. Notice Specific to FuseBase Software Available on the Website of FuseBase

The EULA governs FuseBase proprietary software rights and its express installed-software warranty. Third-party licenses govern their software and any copying, modification or redistribution they permit. The following restrictions apply only within those boundaries.

Any software that is made available to download from the FuseBase website is the copyrighted work of FuseBase and/or its suppliers. Use of the FuseBase Software is governed by the Terms of Use, which accompanies or is included with the FuseBase Software.

An end user will be unable to install any FuseBase Software that is accompanied by or includes the Terms of Use, unless he or she first agrees to these Terms of Use. You can find a copy of the FuseBase’s Terms of Use here. The FuseBase Software is made available for download solely for use by end users according to the Terms of Use. Any reproduction or redistribution of the Software not in accordance with the Terms of Use is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF FuseBase Software TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF USE. EXCEPT AS WARRANTED IN THE TERMS OF USE, FUSEBASE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, FuseBase Software MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. FuseBase Software DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN FuseBase Software.

5. Disclaimer on Links to Third Party Sites

THE LINKS IN FUSEBASE WEBSITE AND FuseBase Software WILL LET YOU LEAVE FUSEBASE WEBSITE OR SOFTWARE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF FUSEBASE AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FUSEBASE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. FUSEBASE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY FUSEBASE OF THE SITE.

6. No Association Disclaimer.

YOU ACKNOWLEDGE THAT NIMBUS WEB INC. (DBA FUSEBASE) HAS NO ASSOCIATION AND IS NOT ASSOCIATED TO/WITH YOUTUBE OR GOOGLE IN ANY WAY. NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP EXISTS BETWEEN NIMBUS WEB INC. (DBA FUSEBASE) AND YOUTUBE OR GOOGLE. YOU AGREE NOT TO HOLD YOURSELF OUT AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF NIMBUS WEB INC. (DBA FUSEBASE), YOUTUBE OR GOOGLE AND NIMBUS WEB INC. (DBA FUSEBASE) SHALL NOT BE LIABLE FOR ANY YOUR REPRESENTATION, ACT OR OMISSION.