Terms and Conditions of Use

 

Thank you for visiting the website of Fulcrum Capital Holdings LLC (together with its subsidiaries and affiliates, “Fulcrum”). By accessing this website and any information or materials presented herein (the “Site”), you agree to accept the following terms and conditions pertaining to the use of the Site, which constitute a legal agreement between you and Fulcrum (the “Agreement”). Fulcrum reserves the right to modify this Agreement without notice, and each use of the Site constitutes your acceptance to be bound by the terms set forth in the Agreement as modified at the time of such use. If you do not accept this Agreement, you may not use the Site.

No Offer of Securities

Under no circumstances should any information or materials presented on this Site be used or construed as an offer, or a solicitation of an offer, by Fulcrum to buy or sell any securities or other financial instruments or investments.

No Representations or Warranties

Fulcrum and its officers, directors, managers, principals, members, partners, shareholders, agents and employees make no representations or warranties of any kind, express or implied, as to the accuracy or other characteristics of the information and materials presented on the Site. Such information and materials are provided “as is”, and Fulcrum specifically disclaims all warranties of any kind, including all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy or completeness.

All information and materials presented on the Site are provided for informational purposes only and should not be interpreted or relied on as legal, accounting, tax, financial, investment or other professional advice.

Limitation of Liability

While Fulcrum uses reasonable efforts to include accurate and up to date information on this web site, errors or omissions sometimes occur. Fulcrum makes no warranties or representations as to the accuracy of this web site. Under no circumstances shall Fulcrum nor any party involved in creating, producing, or delivering the web site be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this web site, even if a Fulcrum authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Fulcrum also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video, or audio from this web site.

Restrictions on Use of Materials

Except as otherwise permitted by Fulcrum Capital Holdings LLC, no materials from www.fulcruminv.com or any web site owned, operated, licensed or controlled by Fulcrum may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this web site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of this web site for public or commercial purposes, including the text, images, audio and video, without Fulcrum's prior written permission.

Jurisdictional Issues

The information contained on this web site is not an offer to sell or solicitation to buy any security or product. No security or product is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.

Indemnity

You, the user, shall irrevocably indemnify Fulcrum and its officers, directors, managers, principals, members, partners, shareholders, agents and employees against any and all losses, damages and costs suffered or incurred by such parties arising out of or in connection with your access, use or distribution of the Site or information contained herein in breach of this Agreement.

Trademarks, Copyrights & Usage of this Web Site

Fulcrum grants you a limited, revocable, nonexclusive, nontransferable right to view, store, bookmark, download and print pages from the Site for your personal and noncommercial use only. Any unauthorized use of the images displayed on the Site by you, or anyone else authorized by you, is prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications, regulations and statutes. If you download any information from the Site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

The content contained on the Site is protected by copyright laws. Accordingly, you may not copy, distribute, modify, post or frame the Site, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on the Site provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video, without Fulcrum's written permission. Without limiting the generality of the foregoing, you agree not to copy large portions of the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict or inhibit any others from using the Site. Modification or use of the materials for any other purpose violates Fulcrum's intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on the Site are proprietary to Fulcrum and/or their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Fulcrum or such other third party that may own the trademark displayed on the Site. Your use of the trademarks displayed on the Site, except as provided herein, is strictly prohibited.

Inquiries concerning use of Fulcrum's trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to Fulcrum Capital Holdings LLC, Legal Department, 111 Congress Avenue, Suite 2550, Austin, Texas 78701.

Links to Other Web Sites

Fulcrum may establish links between the Site and one or more web sites operated by third parties. Fulcrum has no control over any such other web sites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by Fulcrum of such web sites, the contents of the web sites, the products or services of the web sites or the operators of the web sites.

FULCRUM DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD-PARTY INTERNET WEBSITES HYPERLINKED FROM THE SITE.

Links to Fulcrum from Other Web Sites

You shall not display hyperlinks on your web sites to any web site owned or operated by Fulcrum. If you desire to display on your web site a hyperlink to a Fulcrum web site, you must enter into a written agreement with Fulcrum governing such display. Access to any Fulcrum web site does not authorize you to use any of Fulcrum’s names, logos, trademarks or copyrighted material, and you agree not to do so without Fulcrum’s express written consent. Requests to display hyperlinks on your web sites to Fulcrum web sites should be e-mailed to info@fulcruminv.com.

Transmissions to and from This Web Site

Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Site may not be secure. Communications to Fulcrum, particularly those containing confidential information, may be sent by mail to: Fulcrum Capital Holdings LLC; Attn: General Counsel, The Littlefield Building, 106 East 6th Street, Suite 900, Austin, TX 78701. Fulcrum shall be free to use, for any purpose, and without any compensation, any ideas, concepts, know-how, or techniques provided by user to Fulcrum through this Site.

Password Protected Areas

Certain areas of the Site are password protected and are only accessible to those who have been issued a password from an authorized representative of Fulcrum. You may not attempt to access any password protected areas of the Site unless you have received proper authorization and been issued a valid password.

In the event that you have been issued such a password, you acknowledge and agree that Fulcrum has granted you limited access to specific files pertaining to investments relevant to you (“Authorized Files”), and you agree not to attempt to access computer files other than the Authorized Files.

International Use

This Site is maintained in the United States and Fulcrum makes no representations that information or materials presented on the Site are appropriate for use in jurisdictions outside of the United States. Those who access this Site from outside of the United States do so at their own risk and are responsible for compliance with all local laws. Accessing this Site from locations where it is illegal is prohibited.

Integration and Severability

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions.

This Agreement represents the entire agreement between Fulcrum and the user relating to the subject matter herein.

Employment

Fulcrum is an equal opportunity employer committed to diversity in the workplace.

Waiver

No waiver by Fulcrum of any right under or term or provision of this Agreement will be deemed a waiver of any other right, term, or provision of this Agreement at that time or a waiver of that or any other right, term, or provision of this Agreement at any other time.

Jurisdiction

The information and materials provided on this Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Fulcrum to any registration requirement within such jurisdiction or country.

Governing Law

The laws of the State of Texas govern this Agreement. If you take legal action relating to this Agreement, you agree to file such action only in the state or federal courts located in Austin, Texas, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with Fulcrum.

FULCRUM™, FULCRUM CAPITAL HOLDINGS™, FULCRUM CAPITAL MANAGEMENT™, FULCRUM CAPITAL MARKETS™ and FULCRUM CREDIT PARTNERS™ are registered trademarks of Fulcrum Capital Holdings LLC. The Fulcrum logo is a service mark of Fulcrum Capital Holdings LLC.
 

© 2010 Fulcrum Capital Holdings LLC. All rights reserved.

 

 
 

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