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Terms of Use

These Terms of Use (“Terms”) govern access to and use of the website at [hydrofusionenergy.co] and any related pages, data rooms, investor portals, and services (collectively, the “Site”) operated by HydroFusion Energy, LLC (“HydroFusion,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. Eligibility; Accounts

  • You must be 18+ and able to form a binding contract.
  • You are responsible for all activity under your credentials and for keeping them confidential.
  • We may suspend or terminate access at any time for any reason permitted by law.

2. Permitted Use; Prohibited Conduct

Use the Site only for lawful, internal business purposes. You may not:

  • copy, scrape, crawl, index, or bulk download Site content;
  • interfere with the Site or attempt unauthorized access (e.g., malware, denial-of-service, penetration testing without written consent);
  • misrepresent your identity or affiliation;
  • upload or transmit unlawful, infringing, confidential, or harmful content;
  • use the Site to advertise, solicit, or conduct competitive intelligence without our prior written consent.

We may monitor use to operate, secure, and improve the Site.

3. Intellectual Property

The Site and all content, text, graphics, logos, trade names, data, software, and compilations are owned by HydroFusion or its licensors and protected by law. No license is granted except limited access under these Terms. You may not use HydroFusion’s names, marks, or logos without prior written permission.

4. Investor Materials; No Offer or Solicitation

Site content is general information only and not an offer to sell or a solicitation of an offer to buy any securities. Any offering will be made only under formal offering documents (e.g., Private Placement Memorandum and subscription documents) to qualified investors and in compliance with applicable securities laws. Do not rely on Site content for investment decisions.

4A) Forward-Looking Statements; No Reliance; No Fiduciary DutyThe Site may include forward-looking statements subject to risks and uncertainties; actual results may differ materially. Do not place undue reliance on such statements. HydroFusion disclaims any obligation to update them except as required by law. The Site may be incomplete, outdated, or include third-party information; you agree not to rely on it for investment, engineering, or operational decisions. HydroFusion does not owe any fiduciary duties to you and does not provide investment, legal, tax, engineering, safety, or other professional advice.

5. Restricted Areas; Confidentiality

If you are granted access to data rooms, e-signature portals, or investor/restricted areas (“Restricted Areas”):

  • Access is confidential and solely for your internal evaluation.
  • You must comply with additional terms presented there (e.g., NDAs, click-throughs).
  • You may not download, copy, or distribute materials except as expressly permitted in writing by HydroFusion.

6. Third-Party Services & Links

The Site may reference or link to third-party websites, tools, or services. We are not responsible for those sites or their practices. Your use is at your own risk and governed by their terms and policies.

7. Privacy; Communications

Your use of the Site is subject to our Privacy Policy at /privacy. By using the Site, you consent to administrative notices and service communications electronically. If you opt in to marketing emails or texts, you may opt out as described in our Privacy Policy.

8. 😎 User Submissions & Feedback

If you submit information, files, or feedback, you grant HydroFusion a non-exclusive, worldwide, royalty-free license to use it to operate, secure, and improve the Site and our business. You represent you have all rights necessary and that your submissions are lawful and non-confidential unless we expressly agree in writing to treat them as confidential.

9. DMCA/Copyright

If you believe Site content infringes your copyright, send a notice under the DMCA including all required elements to:

DMCA Agent: [Name or “Legal Department”]
Address: [Postal Address]
Email: [dmca@yourdomain.com]
Phone: [xxx-xxx-xxxx]

We may remove content and terminate repeat infringers where appropriate.

10. Changes to the Site or Terms

We may modify or discontinue any part of the Site at any time. We may update these Terms by posting a revised version with a new Effective Date. Your continued use after changes means you accept the updated Terms.

11. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYDROFUSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure, accurate, or error-free.

SOME STATES DO NOT ALLOW the exclusion of certain warranties or limitation of certain damages; TO THE EXTENT SUCH LAWS APPLY, THE ABOVE EXCLUSIONS/LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYDROFUSION AND ITS AFFILIATES, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, AND DIRECTORS/OFFICERS/EMPLOYEES/AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

IN ALL CASES, HYDROFUSION’S TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED US $100 OR THE AMOUNT YOU PAID (IF ANY) TO ACCESS THE SITE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

13. Indemnification

You will defend, indemnify, and hold harmless HydroFusion and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (i) your use of the Site; (ii) your submissions; or (iii) your breach of these Terms.

14. Governing Law; Binding Arbitration; Class-Action Waiver 

  • These Terms are governed by the laws of the State of Texas (without regard to conflicts rules) and the U.S. Federal Arbitration Act (FAA).
  • Binding Arbitration (Individual Only). Any dispute arising out of or relating to these Terms or the Site will be resolved by final, binding arbitration administered by JAMS under its Streamlined Arbitration Rules.
  • Venue & Law: Arbitration will occur in [Bexar County, Texas] (or by video on mutual consent) and apply Texas law and the FAA.
  • Relief: The arbitrator may award individual relief only.
  • Injunctive Relief: Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction in [Bexar County, Texas] to protect IP or confidential information pending arbitration.
  • Class-Action Waiver. YOU AND HYDROFUSION AGREE that each may bring claims only in an individual capacity, not as a plaintiff or class member in any putative class, collective, consolidated, or representative action.
  • Opt-Out: You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing [legal@yourdomain.com] with subject “Arbitration Opt-Out,” including your name and the email you used on the Site.

15. Export; Sanctions; Anti-Corruption

You must comply with U.S. export control and economic sanctions laws (including the EAR and OFAC programs) and anti-corruption laws (including the FCPA). You represent you are not located in, organized under the laws of, or ordinarily resident in any sanctioned jurisdiction, and you will not use the Site for prohibited purposes.

16. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, supplier failures, utilities or telecommunications outages, or governmental actions.

17. Assignment; Survival; Miscellaneous

You may not assign or transfer these Terms without HydroFusion’s prior written consent. HydroFusion may assign these Terms without notice in connection with a reorganization, financing, or sale.

If any provision is found unenforceable, it will be modified to the minimum extent necessary; the remainder remains in effect. No waiver is effective unless in writing and signed by HydroFusion.

Sections 3–7, 9–16, and 17 survive termination.

These Terms constitute the entire agreement between you and HydroFusion regarding the Site and supersede prior or contemporaneous communications.

18. Contact

HydroFusion Energy, LLC
[Postal Address]
[legal@yourdomain.co] • [1-888-283-1462]