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THE FOLLOWING DESCRIBES THE TERMS PURSUANT TO WHICH The Fulcrum International Inc. (TFI) OFFERS YOU ACCESS TO ITS SERVICES. Welcome to the user agreement (the Agreement or User Agreement) for TFI. This Agreement describes the terms and conditions applicable to your use of TFI services available under the domain and sub-domains of www.thefulcrumintl.com (the Site) and the general principles for the websites of TFI subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access TFI services. Your registration for and use of the Site and /or its links constitute your acknowledgement and acceptance of the terms of the User Agreement. By accepting this User Agreement, you also agree that your use of other TFI websites will be governed by the User Agreement and Privacy Policy posted on those websites. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on May 25th, 2004 for all users.
General Release. Because TFI is soley a venue for you to interact with other users, TFI shall not be responsible for nor made a party to any dispute between you and another user. By acceptance of this agreement you expressly release TFI (and TFI officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Information Control. TFI does do not control the information provided by other users that is made available through the TFI system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe communication when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with parties in states and countries other than your own, as different laws apply to interstate and international transactions. By using this Site, you agree to accept such risks and TFI is not responsible for the acts or omissions of users on the Site.
Your Information.
Definition. Your Information is defined as any information you provide to us or other users in the registration or listing process, in any public message area, or through any email feature. You are solely responsible for Your Information, and TFI acts as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities. By use of the Site you represent and warrant your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for TFI or cause TFI to lose (in whole or in part) the services of its ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement or (bb) you do not have a right to link to or include. Furthermore, you may not list any information on the Site (or consummate any transaction that was initiated using the TFI service) that could cause TFI to violate any applicable law, statute, ordinance or regulation.
License. Solely to enable TFI to use the information you supply to TFI, so that TFI is not violating any rights you might have in that information, you agree to grant TSI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. TFI will only use Your Information in accordance with the Privacy Policy.
Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to TFI by its users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without TFI's express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in TFI's sole discretion an unreasonable or disproportionately large load on the infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of TFI and the appropriate third parties, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures TFI may use to prevent or restrict access to the Site.
Breach. Without limiting other remedies, TFI may limit your activity, immediately remove your listings, warn its users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide TFI services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) TFI is unable to verify or authenticate any information you provide to TFI; or (c) TFI believes that your actions may cause financial loss or legal liability for you, its users or TFI.
Privacy. TFI does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. TFI views protection of users' privacy as a very important community principle. TFI understands clearly that you and your information are one of TFI's most important assets.
1. NO WARRANTIES. TFI, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE SITE AND SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TFI, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. To the extent that some states do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
2. LIMITATION OF LIABILITY. IN NO EVENT SHALL TFI, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TFI SITE, OUR SERVICES OR THIS AGREEMENT HOWEVER ARISING, INCLUDING ALLEGED NEGLIGENCE. TFI LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
3. Indemnification. You agree to indemnify, defend and hold TFI and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Should TFI be named in any litigation brought by or against user, or threatened by legal counsel, you shall be liable to TFI for all legal expenses incurred by it relative to any demand, threat or formal legal action.
4. Legal Compliance.
You represent and warrant to TFI that you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
5. No Agency.
You and TFI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
6. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to TFI Attn: Legal Department 3236 No. Orange Ave., Orlando, FL 32803 (in the case of TFI) or to the email address you provide to TFI during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TFI during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
7. Resolution of Disputes.
In the event of a dispute between you and TFI, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
8. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which TFI will provide 30 days prior notice electronically. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
9. General. This Agreement shall be governed in all respects by the laws of the State of Florida. TFI does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by TFI in our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between TFI and each user with respect to the subject matter hereof.
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| Use of this Website constitutes acceptance of the The Fulcrum International
license agreement. |
©2004 The Fulcrum International. All Rights Reserved. |
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