Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 04/27/2009.
This Terms of Use Agreement sets forth the standards of use of the Fulcrum Corporation
Online Service. By using the Fulcrum Corporation
website you (the “Member/user”) agree to these terms and
conditions. If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve the right,
at any time, to modify, alter, or update the terms and conditions of this
agreement without prior notice. Modifications shall become effective
immediately upon being posted at Fulcrum Corporation
website. Your continued use of the Service after amendments are posted
constitutes an acknowledgment and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may not be
amended.
Description of Service
Fulcrum Corporation is providing
Member/User with information and resources. Member/user must provide (1) all
equipment necessary for their own Internet connection, including computer and
modem and (2) provide for Member’s access to the Internet, and (3) pay any fees
relate with such connection.
Disclaimer of Warranties.
The site is provided by Fulcrum Corporation
on an “as is” and on an “as available” basis. To the fullest extent permitted
by applicable law, Fulcrum Corporation
makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Fulcrum Corporation
shall have no liability for any interruptions in the use of this Website. Fulcrum Corporation
disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the above-referenced exclusion is
inapplicable.
Limitation of Liability
Fulcrum Corporation AND ITS
SPONSORING AND ADMINISTERING ORGANIZATIONS SHALL NOT be liable for any damages
whatsoever, and in particular Fulcrum Corporation
shall not be liable for any special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of revenue, or loss of use, arising
out of or related to this web site or the information contained in it, whether
such damages arise in contract, negligence, tort, under statute, in equity, at
law, or otherwise, even if Fulcrum Corporation
and its sponsoring and administrative organizations has been advised of the
possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Fulcrum Corporation
and its sponsoring and administering organizations, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third party due to
or arising out of Member’s use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using Member’s
computer, of any intellectual property or any other right of any person or
entity.
Modifications and Interruption to Service
Fulcrum Corporation and its
sponsoring and administering organizations, reserves the right to modify or
discontinue the Service with or without notice to the Member. Fulcrum Corporation
and its sponsoring and administering organizations shall
not be liable to Member or any third party should Fulcrum Corporation
exercise its right to modify or discontinue the Service. Member acknowledges
and accepts that Fulcrum Corporation
and its sponsoring and administering organizations does not guarantee
continuous, uninterrupted or secure access to our website and operation of our
website may be interfered with or adversely affected by numerous factors or
circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we
are not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of those third-party sites
is subject to the terms of use and privacy policies of each site, and we are
not responsible therein. We encourage all Members to review said privacy
policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the
Vendors or collected from publicly available sources. While Fulcrum Corporation
and its sponsoring and administering organizations makes
every effort to ensure that the information on this website is accurate, we can
make no representations or warranties as to the accuracy or reliability of any
information provided on this website.
Fulcrum Corporation and its
sponsoring and administering organizations makes no warranties or
representations whatsoever with regard to any product provided or offered by
any Vendor, and you acknowledge that any reliance on representations and
warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts
Our website is operated and provided in the Commonwealth of Virginia. As such, we are
subject to the laws of the Commonwealth of Virginia, and such laws will govern this
Terms of Use, without giving effect to any choice of law rules. We make no
representation that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the Commonwealth of Virginia.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state, national, or
international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is ©2009 Fulcrum Corporation,
with all rights reserved, or is the property of Fulcrum Corporation
and/or third parties protected by intellectual property
rights. Any use of materials on the website, including reproduction for
purposes other than those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an authorized
officer of Fulcrum Corporation is
strictly prohibited. Members agree that they will not use any robot, spider, or
other automatic device, or manual process to monitor or copy our web pages or
the content contained therein without prior written permission of an authorized
officer of Fulcrum Corporation.
Fulcrum Corporation may not be used in connection with
any product or service that is not provided by Fulcrum Corporation or any of its
sponsoring or administering organizations, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or damages
Fulcrum Corporation or any of its sponsoring or administering organizations,
All other trademarks displayed on Fulcrum Corporation’s website are the trademarks of
their respective owners, and constitute neither an endorsement nor a
recommendation of those Vendors. In addition, such use of trademarks or links
to the web sites of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with Fulcrum Corporation or any of
its sponsoring or administering organizations.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, Fulcrum Corporation
designates the following individual as its agent for receipt of notifications
of claimed copyright infringement.
By Mail:
Jake Trimble
2731-B Prosperity Ave
Fairfax, VA 22031
By Telephone: 703.876.9750
By Email:
jtrimble@fulcrum-corp.com
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by Fulcrum Corporation
or any of its sponsoring or administering organizations,
in our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in addition to, and shall
not be superseded by, any other written agreement between us in relation to
your participation as a Member. Member agrees that by accepting this Terms of
Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our
Privacy Policy Statement.