Fulcrum Terms of Use

The website addresses FulcrumMobile.com are referred to as “FulcrumMobile.com” herein.

1. Application of these Conditions of Use
By accessing or using any part of FulcrumMobile.com you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use FulcrumMobile.com.

We may change these conditions at any time without any notice to you. By your continued access and use of FulcrumMobile.com you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.

2. Copyright
Except where otherwise noted, the content of FulcrumMobile.com Web pages (including the design, text, graphics and arrangement thereof) and the software used therein, is the property of and is owned and controlled by Fulcrum Mobile and is the copyright material of Fulcrum Mobile or its associated content-provider organizations. ALL RIGHTS ARE RESERVED.

3. Permitted Uses
Save as provided below, no materials from FulcrumMobile.com may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.

Fulcrum Mobile takes active measures to ensure that no unauthorized use or breach of its intellectual property rights is committed.

Subject to applicable third-party content-providers’ licenses, you may electronically copy and print in hard copy, portions of FulcrumMobile.com for your personal use only. You are not permitted to sell or trade in material so copied. Any other use, modification, distribution or republication without the prior written consent of Fulcrum Mobile is similarly strictly prohibited.

4. No License
Except as expressly provided, nothing contained in these conditions or anywhere on FulcrumMobile.com shall be construed as conferring any license under any of Fulcrum Mobile ‘s or any third party’s intellectual property rights.

5. Disclaimer of Representations and Warranties
FulcrumMobile.com is provided by Fulcrum Mobile on an “as is” and “as and when available” basis to users. You use FulcrumMobile.com at your own risk.

Fulcrum Mobile and its associated content-provider organizations make considerable efforts to make information made available via FulcrumMobile.com as accurate as possible but no warranty or fitness is implied.

Neither Fulcrum Mobile nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:

That FulcrumMobile.com will be uninterrupted or error-free,

- That FulcrumMobile.com or the computer server from which FulcrumMobile.com is made available, are free of viruses or other harmful components,

- To the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through FulcrumMobile.com. Fulcrum Mobile makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:

- FulcrumMobile.com, its content, merchandise, services, documents, information, items or materials provided by Fulcrum Mobile in connection with the use of FulcrumMobile.com; or

- Any goods or services or information received through or advertised on FulcrumMobile.com or received through links provided on FulcrumMobile.com, including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.

No oral advice or written information given by Fulcrum Mobile or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.

In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.

6. Provision of Advice
Fulcrum Mobile is not an agent for and does not vouch for those persons, companies and other organizations whose goods or services may be displayed or referred to in FulcrumMobile.com, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organizations.

Fulcrum Mobile advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organizations whose goods or services may be displayed or referred to in FulcrumMobile.com.

FulcrumMobile.com may make available certain information provided by third parties. Fulcrum Mobile recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional.

FulcrumMobile.com may make available certain financial information provided by third parties, including information regarding industries, companies, stocks, investments and securities. Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varying degrees of risk. Fulcrum Mobile strongly discourages you from making any investment decision based upon information that you cannot confirm and strongly recommends that you seek advice from a qualified financial advisor before you make any financial investment.

7. Limitation of Liability
Neither Fulcrum Mobile nor its associated content-provider organizations seek to limit or exclude liability for death or personal injury arising from their negligence.

Under no circumstances will Fulcrum Mobile or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of FulcrumMobile.com be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:

- The use and reliance on FulcrumMobile.com; or

- The inability to use FulcrumMobile.com; or

- Mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to FulcrumMobile.com including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorized access to Fulcrum Mobile’s records, programs or services; or

- Merchandise, products or services received through or advertised on FulcrumMobile.com and merchandise, products or services received through or advertised on any links provided on FulcrumMobile.com; or

- Information or advice received through or advertised on FulcrumMobile.com and information or advice received through or advertised on any links provided on FulcrumMobile.com; or

- Any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using FulcrumMobile.com. Fulcrum Mobile is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data, which you transmit to or by using Fulcrum Mobile is done at your own risk and Fulcrum Mobile, shall not be responsible or liable for any damages or injury that may result from transmitting such information.

If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

8. Miscellaneous
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Fulcrum Mobile with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.

9. Jurisdictions and Governing Law
These conditions shall be governed by and construed in accordance with the laws of United States of America. Fulcrum Mobile controls FulcrumMobile.com from within the country of United States of America. It can, however, be accessed from other places around the world. Although these places may have different laws from United States of America, by accessing FulcrumMobile.com you agree that the laws United States of America, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of FulcrumMobile.com. You and Fulcrum Mobile also agree to submit to the non-exclusive jurisdiction of the United States of America courts, with respect to such matters. Users of FulcrumMobile.com accessing it from places outside of United States of America acknowledge that they do so voluntarily and are responsible for complying with local laws.