Terms and Conditions of Use

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement.

This Term of Use agreement (the "Agreement") specifies the Terms and Conditions for access to and use of www.fulcrumworks.com (the "Site") and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Fulcrum Workforce Solutions, Inc (“Fulcrum”). upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://fulcrumworks.com/terms-and-conditions. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy.

Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://fulcrumworks.com/privacy-policy.

3. Ownership.

All content included on this site is and shall continue to be the property of Fulcrum Workforce Solutions, Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intended Audience.

This website is intended for adults only. This website is not intended for any children under the age of 13.

5. Trademarks.

Fulcrum, Fulcrum Workforce Solutions, and others are either trademarks or registered trademarks of Fulcrum Workforce Solutions, Inc. Other product and company names mentioned on this Site may be trademarks of their respective owners.

6. Site Use.

Fulcrum Workforce Solutions, Inc. grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Fulcrum Workforce Solutions, Inc. and Fulcrum Workforce Solutions, Inc. may terminate your use of this website at any time.

7. User Conduct.

You agree not to use the Site to:

• Upload, post, or transmit any informational content that is unlawful, defamatory, vulgar, obscene, libelous, invades the privacy of another, threatens another person or entity, or is otherwise objectionable;
• Harm legal minors;
• Collect personal information on, “cyberstalk” or harass another User, or engage in conduct that Negatively affects the online experience of another User;
• Impersonate another User, person, or entity, including any official or employee of Fulcrum Workforce Solutions, Inc.
• Intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
• Upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
• Interfere with the operation of Fulcrum web servers or other computers or Internet or network connections;
• Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
• Upload, post or transmit any software or files that contain software viruses or other harmful computer code;

Fulcrum Workforce Solutions, Inc. does not pre-screen uploaded, posted, or transmitted content, but does reserve the right to inspect, edit, and delete any content that it knows, or has reason to know, has violated this Agreement. Fulcrum reserves the right to immediately, and without notice, terminate the account of any user found to have violated the provisions of this Agreement. Fulcrum may disclose any informational content users post, upload or transmit to the Site, if such disclosure is necessary to enforce this Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Fulcrum the public, or other Users.

8. Content submitted by Users.

Fulcrum does not claim ownership of any informational content submitted by users to the Site. By using the Site, you agree to grant Fulcrum a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Site. This license exists only so long as your content remains on the Site.

9. User Account.

You must select a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of your username and password. You agree to immediately notify Fulcrum if you know, or have reasonable grounds to suspect, that your username and password have been compromised. Fulcrum shall not be responsible for any user’s failure to abide by this paragraph.

10. Compliance with Laws.

You must abide by all Federal, State, and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

11. Indemnification.

You agree to indemnify and hold Fulcrum, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.

12. Disclaimer.

THE INFORMATION, SERVICES, AND/OR PRODUCTS ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. FULCRUM DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

13. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL FULCRUM BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

14. Use of Information.

Fulcrum reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

15. Copyrights and Copyright Agent.

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to us:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

16. Applicable Law.

You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Fulcrum or its affiliates.

17. Severability.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

18. Waiver.

The failure of the Site to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Site must be in writing and signed by an authorized representative of the Site.