Terms of Service

Welcome to fulcrumfinancialdata.com (the “Site”), operated by Fulcrum Financial, LLC. These Terms of Use govern your use of the Site and its contents. The terms “FFD,” “we,” “us” and “our” refer to Fulcrum Financial Data, LLC, unless the context otherwise requires. Your use of the Site constitutes your binding acceptance of these Terms of Use, including any modifications that we make. These Terms of Use will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Site) and FFD. By using the Site, you acknowledge and agree that you have fully read and agree to be bound by the provisions of these Terms of Use, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by these Terms of Use in their entirety, then you must immediately stop using the Site.

1. Registration

For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information, and to keep this information up to date. You are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure.

2. Eligibility

You must not be under the age of 18 to use this Site. Parents or legal guardians may not agree to these Terms of Use on behalf of someone under the age of 18. You represent and warrant that you: a) have not previously been suspended or removed from the Site; b) do not have more than one account at any given time; and c) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

3. FFD Privacy Statement

Your use of this Site signifies your continuing consent to the FFD Privacy Statement, which you can examine any time by clicking on the Privacy link on the Site. Personal information that you supply to FFD, and any information about your use of the Site that we obtain will be subject to the FFD Privacy Statement on this Site.

4. Changes to FFD

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: (a) restrict, suspend or terminate your access to all or any part of the Site; (b) change, suspend or discontinue all or any part of the Service; (c) refuse, move, or remove any content that is available on the Site; (d) modify the pricing of features or services (except users subject to separate pricing agreements where changes will be in accordance with the terms therein); (e) deactivate or delete your accounts and all related information and files in your account; and (f) establish general practices and limits concerning use of the Service. You agree that we will not be liable to you or any third party for taking any of these actions.

5. Proper Use of This Site

You may use the Site for lawful purposes only and may use the Site only in ways consistent with the law. You may not use any program, spider or “bot” to gather or “harvest” information from this Site. You may not engage in any activity that interferes with or disrupts (in our sole discretion) the Services or the servers and networks which are connected to the Services, or access (or attempt to access) any of the Services by any means other than through the interface that is provided by FFD. You agree to not use other users’ accounts and to not let others use your account.

6. Proprietary Rights

FFD and its suppliers reserve all rights under intellectual property law in FFD and in any content that is on the Site. Except as FFD may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from FFD or its suppliers on the Site without our express prior written consent.

7. Changes to the Terms of Use

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

8. Electronic Delivery Statement and Your Consent

You agree that we may provide to you notices and other information concerning FFD or the Site electronically, including notice to any email address that you may provide.

9. User Provided and 3rd Party Content

You agree that we are not liable for content that is provided by others. We reserve the right to remove any content for any reason at any time, though this right shall not place an obligation on us to monitor the Site and our services. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. We do not control the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

10. Third Party Sites and Advertisers

FFD may include on the Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that FFD is not responsible for any claim or loss due to a third party site or any advertiser.

11. No Legal Advice

The Site and all Content are provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. Any information contained in the Content or the Site should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. No recipient of Content from the Site should act or refrain from acting on the basis of any Content included in, or accessible through, the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

12. Disclaimer of Warranties

We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

13. Limitation of Liability

You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15. International Use

We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

16. Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of New York, New York, USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of New York, USA in the county of New York, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

17. Binding Arbitration

You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, FFD will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and FFD may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

18. Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. Termination

We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

20. Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please contact support to report the possible copyright infringement.

 

Revision Date: 8/19/2016