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Conditions of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your acceptance of these terms of use. If you do not agree to these terms of use, please do not use the website. All uses of this website by persons or companies offering competitive products or services are strictly prohibited. ALL INFRINGEMENTS OF THE PROPRIETARY MATERIALS, SERVICEMARKED MATERIALS, TRADEMARKED MATERIALS, AND COPYRIGHTED MATERIALS AND INFORMATION INCLUDED IN THIS WEBSITE AND OTHER VIOLATIONS OF THESE CONDITIONS OF USE MAY RESULT IN SEVERE CIVIL AND/OR CRIMINAL PENALTIES, AND SHALL BE PROSECUTED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

This website ("Site") may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

RESTRICTIONS ON USE OF MATERIALS

This Site is owned and operated by Fulcrum Edge, Inc. ("Fulcrum Edge", "we", "us", or "our" herein). Individual items of information, graphics, software and other material ("Content") accessible through the Site may be protected by copyright. You may not copy, download, reproduce, post, transmit, upload, distribute or otherwise publish any Content protected by copyright, without first obtaining permission of the copyright owner. You agree to abide by any and all copyright notices or other restrictions contained in any individual Content accessed through this Site. The Site is copyrighted as a collective work under United States copyright laws. Except as expressly provided for in these conditions of use, you shall not copy, distribute, download, publish or create a derivative work from the Site or any part thereof. All trademarks, service marks, and trade names are proprietary to Fulcrum Edge.

You may download or copy Content accessed through the Site, for personal use provided that you maintain all copyright and other proprietary notices contained in such Content. In no event may you, directly or indirectly, sell or offer for sale, upload, distribute, or otherwise publish any Content accessed through the Site in any form or medium.

SOFTWARE

This Site contains or may use proprietary software. You shall have no rights to this proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site ("Site Software"). Unless otherwise specified in a purchase agreement for any Fulcrum Edge Software products ("Fulcrum Edge Software"), you may not copy, distribute, sell, decompile, disassemble, modify, reverse engineer, create derivative works from or otherwise reduce the Fulcrum Edge Software or the Site Software.

BEHAVIOR ON SITE & SUBMISSIONS

You shall not upload to, or distribute or otherwise publish throughout the Site any Content which violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets and other proprietary rights.

You shall not upload to, or distribute or otherwise publish through the site any content which is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law, or which contain viruses, "worms", "Trojan horses" or any other harmful properties, or use the Site for, or to further, any illegal purpose.

You shall not, without the express approval of Fulcrum Edge, upload to, or distribute, broadcast (by electronic means or otherwise) or otherwise publish through, the Site any Content containing any solicitation of funds, advertising or solicitations for goods or services, except that such restriction shall not prevent you from sending private e-mail in the ordinary course of business.

DISCLAIMER

CONTENT ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FULCRUM EDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Content on this Site may contain technical inaccuracies or typographical errors. Content may be changed or updated without notice. Fulcrum Edge may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. FULCRUM EDGE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Fulcrum Edge reserves the right in its sole discretion to edit or to delete any Content displayed, uploaded to, or distributed, or otherwise published through the Site (other than Content in private e-mail communications).

Fulcrum Edge makes no representations whatsoever about any other website which you may access through this one. When you access a non-Fulcrum Edge website, please understand that it is independent from Fulcrum Edge, and that Fulcrum Edge has no control over the content on that website. In addition, a link to a non-Fulcrum Edge website does not mean that Fulcrum Edge endorses or accepts any responsibility for the content, or the use, of such website. Fulcrum Edge does not maintain the resources that can be accessed from the links provided through the Site. Consequently, Fulcrum Edge is not responsible for the contents of any such resources. In addition, Fulcrum Edge does not make any warranty, express or implied, with respect to the use of the links provided. Fulcrum Edge does not guarantee the accuracy, completeness, usefulness, or adequacy of any of these resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

UNAUTHORIZED LINKS TO THE FULCRUM EDGE WEBSITE ARE NOT PERMITTED. ANY LINKS WITH THIS SITE MUST BE APPROVED IN WRITING PRIOR TO THE ESTABLISHMENT OF THE LINK. FULCRUM EDGE IS NOT LIABLE FOR ANY DAMAGES OR HARM CAUSED BY LINKS TO THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT AND UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL FULCRUM EDGE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENTS, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FULCRUM EDGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF CONTENT ON THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, UNLESS EXPRESSLY STATED.

IN NO EVENT SHALL FULCRUM EDGE`S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR ITS CONTENT.