Terms of Service

Welcome to FusionPrep’s terms of service. You should read this carefully before using FusionPrep. If you have any questions, please contact support@fusionprep.com.

Accepting the Terms of Service

Please read these Terms of Service, the FusionPrep Licensing Agreement between you and 212 Digital, Inc., and our Privacy Policy, (collectively, the "Agreement") carefully before using FusionPrep (the "Software") and/or the other domains, products, services, and/or content provided by 212 Digital, Inc. (all of those collectively with the Software, the "Services"). (212 Digital, Inc., a Florida corporation, collectively with its agents, consultants, employees, officers and directors, is referred to herein as "212 Digital," “Company,” "we," or "us.") By using or accessing the Services, you ("Subscriber" or "you") agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you should not and are not permitted to use the Services. Use of the Services is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms.

Access to the Services

The Software, Services, and any other features, content, or software services offered from time to time by Company in connection therewith are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services that have been selected by you, solely for your own use, and not for the use or benefit of any third party. The term "Services" includes, without limitation, use of the Software and any Service Company performs for you. Company may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Registration, Your Password, and Account Security

To use certain features and functionalities of the Service, you must create an account with us. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. You represent that you are capable of forming a legally binding contract according to the law applicable to you. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account as a condition to using all or some aspects of the Services. You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not select or use a name of another person with the intent to impersonate that person, nor use a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel your account in its discretion. Do not share your password. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at support@fusionprep.com.

Your Data

The data you enter into the Software (recipes, ingredients, order quantities, etc.) (collectively, “Data”) belongs to you. Company will not knowingly disclose your Data to any third parties other than Company’s agents with a valid reason for such disclosure.

User Communication

Company has the right, but not the obligation, to monitor, decline, edit, or remove all or a portion of any submissions or content in Company’s sole discretion. By using the Software or the Service or communicating with Company or others by means of your access to the Software, you consent to receive communications from Company, including but not limited to, emails and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Software, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates this Agreement.

Company Discretion

You agree that Company has the absolute discretion to cancel any order at any time for any reason.

Privacy Policy

For information regarding Company's treatment of personally identifiable information, please review Company's current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company's Privacy Policy.

Changes to Agreement, Additional Rules, and Policies

We reserve the right to change, amend, and/or modify this Agreement, in whole or in part, at any time. You hereby acknowledge and agree that such changes, amendments, and/or modifications will become effective when posted on the Software or as otherwise provided by us. From time to time, we may post on the Software or otherwise notify you of additional or different rules and policies relating to the Software. These rules and policies shall thereafter be part of this Agreement. If you use the Software after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.

Termination

This Agreement shall remain in full force and effect during the term of the FusionPrep Licensing Agreement between you and Company. In addition to the terms of the Licensing Agreement, Company may also terminate or suspend any and all services and access to the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services and any Content will immediately cease. All provisions of this Agreement that, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Company's prior written consent. Company may transfer, assign, or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning and may not accurately reflect the content of the provisions they precede.

Indemnity

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Limitation of Liability

COMPANY SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SOFTWARE AND THE INFORMATION, CONTENT, AND EXPERIENCES PROVIDED VIA THE SOFTWARE. COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SOFTWARE, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY COMPANY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

Third-party Websites

The Services may contain links to third party websites or services ("Third Party Websites") that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third Party Website, as described more fully in our Privacy Policy. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "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." This Agreement may be amended at any time without notice, and your continued use of the Software or Services is your acceptance of all amendments.

Copyright Infringement

Since we respect artist and content owner rights, it is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify Company at support@fusionprep.com. When filing your report, please provide the following information below:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  • Identification of the copyrighted work that you claim has been infringed;

  • Identification of the material that is claimed to be infringing and where it is located on the Software;

  • Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, email address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Once proper, bona fide infringement notification is received, it is our policy:

  • To remove or disable access to the infringing material;

  • To notify the content provider, member, or user that we have removed or disabled access to the material;

  • That repeat offenders will have the infringing material removed from the system and that we will terminate such content providers, members, or user’s access to the Services.

Contact

If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@fusionprep.com.