Fuse Terms of Service

Last Updated November 14 2016

LAUNCHFORTH.IO/FUSE TERMS OF USE. This website (“the Website”) is operated by Local Motors, Inc. (“Local Motors” or “Administrator”) on behalf of General Electric Company ("GE"). Throughout these Terms of Use and the Website, the terms "we," "us" and "our" refer to GE. GE offers this Website, including all information, tools and services available from this Website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Website constitutes your agreement to these Terms of Use.

You represent that you are over 18 years of age and at least the age of majority where you reside, and that you have full authority, power and capacity to form a binding contract with GE and meet your obligations under these Terms of Use. In addition, you agree to comply with all applicable laws, rules and regulations governing your access to and use of the Website and any data that you submit to it. If you do not meet the requirements above or do not agree to these Terms of Use, you are not permitted to access, browse or use the Website and must cease to use it immediately.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS WEBSITE.

GE and Administrator are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. GE and Administrator reserve the right to modify the contents of this site at any time, but have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

USE OF MATERIALS ON THE WEBSITE. All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio/video clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by GE, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Website solely for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for or any commercial purposes or for purposes competitive to GE, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. GE and Administrator reserve the right to refuse or cancel any person's registration for access and use of all or some features on this Website, remove any person from this Website or prohibit any person from using this Website for any reason whatsoever. GE, or its licensors or content providers, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in GE's sole discretion. GE and Administrator neither warrant nor represent that your use of materials on this Website will not infringe rights of third parties not affiliated with GE and/or Administrator.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. GE and Administrator reserve the right, in their sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which GE and Administrator may be entitled at law or in equity.

WEBSITE ACCESS.

Registration. You may view the Website without registering, but in order to access and use some features on the Website, you must register by creating an “Account” on the Website (if you already have such an Account, you need not create a new account). To access and use certain features of the Website, you may also be required to agree to additional terms and conditions related to those features. GE employees in Germany, France and Austria may access the features of this site that do not require an account, but should not create an account at this time, pending GE assessment (and where necessary, completion) of appropriate engagement with works councils or other employee representatives. All of the registration information that you provide is collectively referred to as your “Account Information." You agree to provide true, accurate, current and complete information about yourself in all required registration fields. If any of your Account Information changes, you agree to update your Account Information accordingly. If GE and/or Administrator suspect that your Account Information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your Account may be subject to suspension or termination, and you may be barred from using the Website. You are solely responsible for maintaining the confidentiality of your Account login credentials and for all activity that occurs on your Account. You agree to immediately notify GE and/or Administrator of any unauthorized use of your Account. By registering with the Website, you represent that you are not prohibited by any laws from accessing and using the Website features which require registration.

MATERIALS YOU SUBMIT. You acknowledge that you are responsible for any material you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Website any content that (i) is confidential (unless expressly agreed upon in writing by GE), proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

You acknowledge that others may submit material via the website, including other discussion comments, ideation postings and brainstorm postings which may contain designs, concepts or technologies similar to the material you submit and that GE and/or its affiliates, subsidiaries and business partners may already be investigating or developing technical solutions or business activities that are related or similar to the material you submit. You further acknowledge and agree that GE’s actions with respect to material submitted by others via the website or one of its own solutions or business activities, even if similar to the material you submit, shall not create in GE any liability to you or others. Further, GE is not and shall not be restricted in any way from pursuing, developing, or commercializing, in any way that it sees fit, independent of you and at its sole discretion, any technology that is created independent of the material you submit. For the avoidance of doubt, you acknowledge that GE is not obligated to take any action whatsoever with regard to the material you submit.

If you do submit material via the Website for purposes other than entry and participation in a GE sponsored competition, and unless we indicate otherwise, you grant GE and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, perform, adapt, publish, translate, create derivative works from, distribute, transmit, publicly performance, publicly display and otherwise disclose and commercially exploit such material throughout the world in any media for any purpose. You further agree that GE is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to GE. You grant GE and its affiliates and Administrator, the right, if they so choose, to use the name you submit in connection with such material for any purpose (such as publicizing challenges winners), including but not limited to your company name if the material you submit is on behalf of an entity. All personal information provided via this Website will be handled in accordance with the Website's online Privacy Policy at http://www.ge.com/privacy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify GE and Administrator for all claims resulting from content you supply.

GE and Administrator may, in their sole discretion, (i) remove or refuse to post any materials you submit for any or no reason; (ii) take any action with respect to any materials you submit that we deem necessary or appropriate; or (iii) take appropriate legal action, including referral to law enforcement, for any suspected illegal or unauthorized use of the Website. We may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials as required to comply with a legitimate legal request, or (iii) when we believe disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS GE, ADMINISTRATOR AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS AND SUPPLIERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

CONDUCT ON THE WEBSITE. Some features on this Website require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify GE or Administrator immediately. GE and Administrator may assume that any communications they receive under your password have been made by you unless they receive notice otherwise.

You agree not to (i) use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Website; (ii) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer, database or network connected to the website; or (iv) otherwise attempt to interfere with the proper working of the Website.

You or third parties acting on your behalf are not allowed to frame this Website or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, GENERAL ELECTRIC, GE, GE Monogram, FUSE, GENIUSLINK and LOCAL MOTORS. You may not use frames or utilize framing techniques or technology to enclose any content included on the Website without GE's and/or Administrator’s express written consent. Further, you may not utilize any Website content in any meta tags or any other "hidden text" techniques or technologies without GE's and/or Administrator’s express written consent.

LINKS. This Website may contain links to other websites, some of which are operated by GE or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. GE and Administrator have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites. GE and Administrator are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.

TRADEMARKS AND COPYRIGHTS. Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of General Electric Company, its licensors or content providers, or other third parties and/or Administrator. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. GE reserves all rights not expressly granted by these Terms of Use in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

INFRINGEMENT NOTICE. GE and Administrator respect the intellectual property rights of others and request that you do the same. You are hereby informed that GE and Administrator have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances users who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify the following designated agent:

Copyright Infringement Counsel
GE Software LLC
Thinh Nguyen
2623 Camino Ramon
San Ramon, CA 94583
(415)277-7401
DMCA.SCOE@GE.COM

To be effective, your notification must (i) be in writing, (ii) be provided to the designated agent, and (iii) include substantially all of the following:

  • 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 the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider 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.

GE and Administrator are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Website, including material you may provide, and so GE and Administrator have an absolute right to remove any material from the Website in their sole discretion at any time.

DISCLAIMERS. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GE AND ADMINISTRATOR RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. GE AND ADMINISTRATOR EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GE OR ADMINISTRATOR, OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY OF ANY KIND. GE AND ADMINISTRATOR DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GE, ADMINISTRATOR, OR THEIR RESPECTIVE AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS GE AND ADMINISTRATOR TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO GE AND/OR ADMINISTRATOR, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, OR FOR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GE, ADMINISTRATOR, AND THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GE OR ADMINISTRATOR, OR THEIR RESPECTIVE SUPPLIERS, SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GE AND/OR ADMINISTRATOR IS TO DISCONTINUE YOUR USE OF THE WEBSITE. YOU, GE AND ADMINISTRATOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless GE, Administrator and their respective affiliates, officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. GE and Administrator reserve the right, at their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with GE and Administrator in the defense of such matter.

JURISDICTION AND APPLICABLE LAW. The laws of the State of New York, USA govern these Terms of Use and your use of the Website, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York, USA for any action arising out of or relating to these Terms of Use or your use of the Website. GE and Administrator recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but GE and Administrator have no practical ability to prevent such access. This Website has been designed to comply with the laws of the State of New York and of the United States. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and you are asked to not use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

CHANGES TO THESE TERMS OF USE. GE and Administrator reserve the right, at their sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Website. It is your responsibility to check periodically for any changes made to the Terms of Use. Your continued use of the Website after any changes to the Terms of Use or other policies means you accept the changes.

In the event GE and/or Administrator make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Website and the revised terms will take effect thirty days after their publication on the Website.

ENTIRE AGREEMENT AND ADMISSIBILITY. These Terms of Use and any other policies or operating rules posted on the Website constitute the entire agreement and understanding between you and GE with respect to the Website subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY. If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place.

WAIVER. No waiver by GE of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GE to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

HOW TO CONTACT US.

If you have any questions or comments about these Terms of Use or this Website, you may direct them to the following contact:

Emailing to: ge.geniuslink@ge.com
Calling at: +1 203 373 2211 or
Writing to:
GENIUSLINK Team
General Electric Company
33-41 Farnsworth Street,
Boston, MA, 02210

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