AsFusion, LLC is the proprietor of Conqu.com and ConquSync.com, upon which it runs a service called ConquSync and offers the downloadable applications called Conqu.
1. Your ConquSync Account and use of the Website.
If you create a account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and AsFusion may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause AsFusion liability. You must immediately notify AsFusion of any unauthorised uses of your data, your account or any other breaches of security. AsFusion will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
AsFusion may from time to time set storage limits for your data, or take any other measures AsFusion considers appropriate to manage the Website. AsFusion will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the screen you see when you log in to your ConquSync.com account or via the “Conqu.com blog” accessible at conqu.com/blog. If you exceed the storage limits, AsFusion may require you to reduce the storage you are using or pay an appropriate fee.
AsFusion may post blog entries about its policy changes, and you may wish to check your application for AsFusion’s announcements about any such changes.
2. Responsibility of Users.
If you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, AsFusion has the right (though not the obligation) to, in AsFusion’s sole discretion (i) refuse or remove any content that, in AsFusion’s reasonable opinion, violates any AsFusion policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in AsFusion’s sole discretion. AsFusion will have no obligation to provide any refund of any amounts previously paid.
3. Fees and Payment.
General Terms By selecting a paid service you agree to pay AsFusion the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable.
Unless you notify AsFusion before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. The services can be canceled at any time in the My Account section of the Website.
4. Responsibility of Website Visitors.
AsFusion has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, AsFusion does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AsFusion disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Conqu.com or ConquSync.com link, and that link to Conqu.com or ConquSync.com. AsFusion does not have any control over those non-AsFusion websites and webpages, and is not responsible for their contents or their use. By linking to a non-AsFusion website or webpage, AsFusion does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AsFusion disclaims any responsibility for any harm resulting from your use of non-AsFusion websites and webpages.
6. Copyright Infringement.
As AsFusion requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Conqu.com or ConquSync.com violates your copyright, you are encouraged to notify AsFusion. AsFusion will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of AsFusion or others, AsFusion may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, AsFusion will have no obligation to provide a refund of any amounts previously paid to AsFusion to any person in respect of any such termination.
AsFusion, Conqu, Conqu.com, the Conqu logo, and all other trademarks, service marks, graphics and logos used in connection with Conqu, or the Website are trademarks or registered trademarks of AsFusion or AsFusion ’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any AsFusion, Conqu or third-party trademarks.
The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of AsFusion and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. AsFusion may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Limitation of warranties of AsFusion, its suppliers and its licensors.
Except as otherwise expressly stated, the ConquSync service and all content posted to or available from the Website is provided “as is”, and AsFusion, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that AsFusion, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
10. Limitation of liability of AsFusion, its suppliers and its licensors.
Except as otherwise expressly stated, in no event will AsFusion, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if AsFusion, its suppliers or its licensors were expressly advised of the possibility of such damages. In the event fees are paid for the use of the ConquSync site pursuant to paragraph 3, in no event will the aggregate liability for any and all of your claims against AsFusion, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to AsFusion during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
11. User General Representation and Warranty.
You agree to defend, indemnify and hold harmless AsFusion, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website and Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between AsFusion and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of AsFusion, or by the posting by AsFusion of a revised version on the Conqu Website. Except to the extent of applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the United States of America. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, the terms hereof in writing. AsFusion may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.