Fulcrum Blog Terms of Use

First, you understand that all information, data, text, photographs, graphics, messages, or other materials ("Content") publicly posted is the sole responsibility of the person from which such content originated. This means that you, and not Fulcrum, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the Blog.

In addition, you agree to not use the Blog to:

• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (Posting the same note more than once can be considered "spam" or "spamming");
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, including, but not limited to, a Fulcrum employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• post any messages or provide links to any messages that express or imply endorsement or opposition a particular political party or candidate for public office;
• state or imply that Fulcrum endorses any of your statements or positions.
• state or imply that Fulcrum endorses any particular products or services;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Blog;
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Blog are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• intentionally or unintentionally violate any applicable local, state, national or international law;
• "stalk" or otherwise harass another; or
• harvest or otherwise collect or store personal data about other users.

You acknowledge that Fulcrum and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Content that is available via the Blog. Fulcrum and its designees shall have the right to remove any Content regardless of whether such communication(s) violate the Terms of Use. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Fulcrum may preserve Content and may also disclose Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

1. comply with legal process;
2. enforce the Terms of Use;
3. respond to claims that any Content violates the rights of third-parties; or
4. protect the rights, property, or personal safety of Fulcrum, its users and the public.

If you choose to participate in this Blog, please remember that any information that you disclose in these areas becomes public information. You should exercise caution when deciding whether or not to disclose your personal or corporate information. If you believe a Blogger is improperly collecting or using information about you or other users, please contact us by sending an email or by calling us at the main number posted at our web site.

The Blog is controlled and operated by Fulcrum from its principal office in New York State, U.S.A., and is not intended to subject Fulcrum to the laws or jurisdiction of any other state, country or territory. Those who choose to access the Blog do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.

You agree that Fulcrum, in its sole discretion, may terminate your use of this Blog, and remove and discard any content within the Blog, for any reason, including, without limitation, for lack of use or if Fulcrum believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that Fulcrum may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the Blog. Further, you agree that Fulcrum shall not be liable to you or any third-party for any termination of your access to the Blog.

The Fulcrum Blog includes links to other sites that are not maintained by Fulcrum. Fulcrum is not responsible for the content of those sites and makes no representations concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by Fulcrum of the sites or any products or services referred to therein. Fulcrum may terminate a link at any time. The terms of use and privacy policies for such sites my be different from those applicable to the Fulcrum Blog. If you decide to access any third-party site linked to the Fulcrum site, you do so entirely at your own risk and Fulcrum shall have no liability for any loss or damage arising from your use of any such site.

THE CONTENTS ON THE FULCRUM SITE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. FULCRUM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FULCRUM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FULCRUM BLOG, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FULCRUM DOES NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE FULCRUM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FULCRUM MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE FULCRUM SITE. YOU (AND NOT FULCRUM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES.

You agree that you will hold harmless Fulcrum and its officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Blog or the information contained in this Blog or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Blog or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will Fulcrum or the contributors of information to this Blog be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Blog is to stop your use of it.

If you have any questions or feedback about these Terms of Use or the Blog, feel free to contact us by email or write to:

Fulcrum
Attn: Fulcrum Webmaster 70 West 40th Street, Floor 10
New York, NY 10018
United States of America