The Fulcrum
Group Web Site is comprised of various Web pages operated by The Fulcrum
Group.
The Fulcrum
Group Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of The Fulcrum Group Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
The Fulcrum Group
reserves the right to change the terms, conditions, and notices under
which The Fulcrum Group Web Site is offered, including but not limited
to the charges associated with the use of The Fulcrum Group Web Site.
LINKS TO THIRD
PARTY SITES
The Fulcrum
Group Web Site may contain links to other Web Sites ("Linked Sites”).
The Linked Sites are not under the control of The Fulcrum Group and The
Fulcrum Group is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. The Fulcrum Group is not
responsible for webcasting or any other form of transmission received
from any Linked Site. The Fulcrum Group is providing these links to you
only as a convenience, and the inclusion of any link does not imply
endorsement by The Fulcrum Group of the site or any association with its
operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of
your use of The Fulcrum Group Web Site, you warrant to The Fulcrum Group
that you will not use The Fulcrum Group Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use The Fulcrum Group Web Site in any manner which could damage,
disable, overburden, or impair The Fulcrum Group Web Site or interfere
with any other party’s use and enjoyment of The Fulcrum Group Web Site.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for
through The Fulcrum Group Web Sites.
USE OF
COMMUNICATION SERVICES
The Fulcrum
Group Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services”), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example, and
not as a limitation, you agree that when using a Communication Service,
you will not:
Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
Publish, post,
upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
Upload files that
contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that
contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another’s computer.
Advertise or offer to
sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages.
Conduct or forward
surveys, contests, pyramid schemes or chain letters.
Download any file
posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit
any other user from using and enjoying the Communication Services.
Violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service.
Harvest or otherwise
collect information about others, including e-mail addresses, without
their consent.
Violate any
applicable laws or regulations.
The Fulcrum Group has
no obligation to monitor the Communication Services. However, The
Fulcrum Group reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. The Fulcrum Group reserves the right to terminate your
access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
The Fulcrum Group
reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in The Fulcrum Group’s sole discretion.
Always use
caution when giving out any personally identifying information about
yourself or your children in any Communication Service. The Fulcrum
Group does not control or endorse the content, messages or information
found in any Communication Service and, therefore, The Fulcrum Group
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized The Fulcrum
Group spokespersons, and their views do not necessarily reflect those of
The Fulcrum Group.
Materials
uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS
PROVIDED TO The Fulcrum Group OR POSTED AT ANY The Fulcrum Group WEB SITE
The Fulcrum Group
does not claim ownership of the materials you provide to The Fulcrum
Group (including feedback and suggestions) or post, upload, input or
submit to any The Fulcrum Group Web Site or its associated services
(collectively "Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting The Fulcrum
Group, its affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name
in connection with your Submission.
No compensation
will be paid with respect to the use of your Submission, as provided
herein. The Fulcrum Group is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
The Fulcrum Group’s sole discretion.
By posting,
uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
LIABILITY
DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Fulcrum Group WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Fulcrum Group AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Fulcrum Group
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Fulcrum Group WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
The Fulcrum Group
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Fulcrum Group WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS” WITHOUT WARRANTY OR CONDITION
OF ANY KIND. The Fulcrum Group AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Fulcrum Group
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE Fulcrum Group WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Fulcrum Group WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Fulcrum Group WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Fulcrum Group WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF The Fulcrum Group OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE Fulcrum Group WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Fulcrum Group WEB SITE.
SERVICE CONTACT :
B. Molenda. Bart @ the (REMOVETHIS) fulcrumgroup.ca
TERMINATION/ACCESS RESTRICTION
The Fulcrum Group
reserves the right, in its sole discretion, to terminate your access to
the Fulcrum Group Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use
of The Fulcrum Group Web Site. Use of The Fulcrum Group Web Site is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and The Fulcrum
Group as a result of this agreement or use of The Fulcrum Group Web
Site. The Fulcrum Group’s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement
is in derogation of The Fulcrum Group’s right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of The Fulcrum Group Web Site or information
provided to or gathered by The Fulcrum Group with respect to such use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and The Fulcrum Group with respect
to The Fulcrum Group Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and The Fulcrum Group with respect to The
Fulcrum Group Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to
the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
The names of
actual companies and products mentioned herein may be the trademarks of
their respective owners.
The example
companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not
expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title
17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent
to Service Provider’s Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement
