Thank you for visiting us at www.FulcrumCo.com. We hope that you will find this Website helpful and informative.
The following are the terms and conditions ("Terms") that apply to and govern your use of this Website. These Terms also incorporate our Privacy Statement. If you do not agree with any of the Terms or have any questions, before proceeding contact us at Info@FulcrumCo.com, and we will be pleased to assist you.
Exclusive Terms. The Terms exclusively govern your access and use of this Website and do not alter or affect the terms or conditions of any other agreement that you may have with any Fulcrum entity for any given product or service. Some pages on this Website or areas of this Website with restricted access ("Secured Sites", including project extranets or sites engaged in e-commerce) may require the application of additional or special terms and conditions (for example, licensing restrictions to download software) which may be accessed through a separate link on the home page of that site.
Changes to Website. In order to improve our service to you, we reserve the right to make changes in the access, operation, and content of this Website at any time without notice. We also reserve the right to make changes in the Terms and the Privacy Statement, so please check before each use for changes.
Secured Sites. Access to some areas on this Website is restricted to users ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access through issuance of a unique user ID and password ("Secured Site(s)"). No other persons other than Authorized Users may access these Secured Sites. Registrations, passwords, and user ID numbers are non-transferable. Due to technical uncertainties in Internet transmissions, Fulcrum cannot be responsible for authenticating the identity of any person accessing a Secured Site with a verified user ID and password. As an Authorized User, you are solely responsible and liable to maintain the security and confidentiality of your password and user ID, and accordingly, you are liable for all resulting access, use and activities on these Secured Sites under this ID and password, including any use by others "borrowing" the user ID and password, or any fraudulent, erroneous, or unauthorized third party use. Should you become aware that your name, identity, account, system, electronic signature, registration, user ID, password, or other protected data or your identity is being used or attempted to be used on a Secured Site or otherwise by an unauthorized third party, or in the event of any other possible error, misuse or fraud, it is your responsibility to inform us immediately upon discovery so we may take appropriate action. We reserve the right to terminate any Authorized User's access to and use of a Secured Site at any time, and without notice, including but not limited to any possible or alleged misuse, abuse, violation of law, fraud, or misconduct by any person accessing or using the Secured Site under a user ID and password.
Copyright Notice. You acknowledge that, unless otherwise specifically designated, Fulcrum is the sole owner of all intellectual property rights to this Website and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the Website. All ownership rights pertaining to the information and material contained on this Website, including but not limited to the Fulcrum name, logos, trademark, graphics, photos, images, and content, are owned or have been duly licensed by Fulcrum, WITH ALL RIGHTS RESERVED. The Website pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of every internal copy, Fulcrum is acknowledged as the source with a copyright symbol. You are not granted any license to use the content. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected Fulcrum or other logo, graphic, photo or image, without the prior written permission of Fulcrum is strictly prohibited and will be enforced to the full extent of the law. Except for data and information submitted pursuant to an existing agreement with Fulcrum, any ideas, material, or content submitted by any user on or through this Website (including by e-mail) is the sole property of Fulcrum, and Fulcrum has no obligation of confidentiality nor are we responsible for any claims of infringement or misappropriation that may result from any submission. Personal information submitted will be treated in accordance with our Privacy Statement. Fulcrum makes no guarantee, representation or warranty that the content of this Website or its use will not infringe upon the intellectual property right of any person, nor that the use, transfer, reproduction, distribution, transmission, or storage of any Website content outside the United States is in compliance with the laws of any other governmental authority or jurisdiction which may be applicable.
No Warranties Provided. The information on this Website is provided for general information purposes only. While Fulcrum strives to provide timely, accurate and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided. Please bring them to our attention at Info@FulcrumCo.com. Since such mistakes may occur, FULCRUM MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO US. WE ARE PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
User Conduct. For the convenience of our users, some areas on this Website may allow for interactive communication, some of which may be conducted in "real time". You agree not to post any content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, advertising, promoting or soliciting for commercial purposes, containing any known viruses or bugs, or which is otherwise harmful, offensive, inappropriate, or unprofessional. Fulcrum has no obligation to monitor, screen, filter or edit any information, communication, or content that is directly posted by or shared by users on the Website, however we may at our discretion from time to time monitor use of the Website, and we reserve the right to delete or edit any objectionable content posted or submitted by authorized users, terminate the user's access to the Website, deny future access, or take any other action we deem appropriate under the circumstances. Please report any such violations to us at Info@FulcrumCo.com. Fulcrum will handle any personally identifiable data or information posted by you in accordance with our Privacy Statement, however, any third party liability or usage which may arise from your posting will be solely at your own risk. Information obtained through monitoring our Website may also be used for duly authorized law enforcement investigations. We also reserve the right to identify and investigate inquiries to the extent required to comply with applicable laws and regulations, including but not limited to U.S. export control laws and executive orders. Fulcrum will have no liability for any content posted by users on any Website (including Secured Sites).
Compliance with all Laws. This Website is operated from servers located in Centreville, Virginia. You agree that your use of this Website will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws and executive orders. The information provided on and through this Website or any Secured Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. This Website may not be accessed or used by any national of certain countries or groups against which the United States has instituted sanctions (including Iran, Libya, Iraq, Cuba, the Sudan, and members of some Angolan and Serbian groups), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Website, including any Secured Site, your access of the Website, including the presentment of any authorized user ID and password, constitutes your express representation that (1) you are not a national of any such sanctioned country or group or a Specially Designated National, and (2) you are not included on such Denied Parties list, and (3) that, if an Authorized User, you have not disclosed or provided such password and user ID to any such person for use under your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD FULCRUM HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.
Website Security. So that this Website remains to the extent possible open and available to all users, we have mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though we strive to keep these mechanisms up to date, due to the technical uncertainties, we are unable to make any representation or warranty that the content, information, or links in this Website are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any information or image on this Website or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.
Outside Links. For your information or convenience, this Website may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving our Website. Therefore, Fulcrum has no control over, does not endorse, and is not liable for, the quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such third party websites, or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of your personal information, are strictly at your own risk. We expressly disclaim all liability arising from your access of and for the content contained within or through any such third party website.
Access Outside United States. If you are accessing this Website from outside the United States, you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export compliance laws and regulations, as well those of the jurisdiction from which you are accessing the Website, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Website, or any commercial transactions conducted on or through this Website.
Privacy. The use of your personal information given to us during your visit to our Website is governed by the Fulcrum Privacy Statement, which is posted on this Website and incorporated into these Terms. You agree that any personal information you choose to provide to us will be accurate and truthful to the best of your knowledge.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU AGREE THAT FULCRUM AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS AND USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FULCRUM AND ITS AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.
Applicable Law and Dispute Resolution. You agree that these Terms will be interpreted under the laws of the Commonwealth of Virginia, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of the Website shall be first submitted in writing to Fulcrum IT within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to Fulcrum which has not been resolved within a reasonable period time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST FULCRUM BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Centreville, Virginia, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.
Thank you for visiting www.FulcrumCo.com. If you have any questions, comments, or suggestions concerning this Website, we would like to hear from you. Please contact us at Info@FulcrumCo.com.