DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This website (see our website’s Terms and Conditions of Use for definitions), including all text, HTML, scripts, and images are copyrighted and owned by Fulcrum Self-Directed. All rights reserved.
NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.
This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact the person or entity infringing on their copyright.
The owner of this website is committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner of this website will block access to the allegedly infringing material. The website owner will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter notice to the website owner.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA ootifications of claimed copyright infringement to:
THE WEBSITE OWNER
131 Daniel Webster Highway
Nashua, NH 03060 USA
To file a notice of infringement with either the website owner, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
4. Include the following statement: “I swear, under penalty ofperjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been filed with the website owner against you, the owner will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter notification with the website owner. If website owner receives a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
The website owner will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter notification, unless the website owner first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.
Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
Annual Reporting Fees
Annual reporting fees are charged each year on the date of original purchase. The fee is automatically charged to your credit card on file. If the card is no longer valid Fulcrum Self-Directed will contact you for a replacement. Reporting is not optional and must be done on an annual basis for the life of the plan. If your annual fee is not paid in a timely fashion, your plan could fall out of compliance.
Terms of Subscription Renewal
Monthly Fulcrum Self-Directed Subscriptions automatically renew each month at the stated retail price until the subscription buyer notifies the company that they wish to cancel. Please refer to Returns & Subscription Cancellations section of the Terms of Service page.
Yearly Fulcrum Self-Directed Subscribers will be notified via email prior to renewal with the option to renew at the original yearly price. If the subscriber does NOT notify the company that they wish to continue at the yearly price, the subscribers account will revert to the monthly price automatically.
If you have questions or comments regarding Fulcrum Self-Directed products, please email us at supportATfulcrumselfdirectedDOTcom
Third Party Sites and Content
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Fulcrum Self-Directed’s control, and you acknowledge that Fulcrum Self-Directed is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Fulcrum Self-Directed or any association with its operators. You further acknowledge and agree that Fulcrum Self-Directed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL Fulcrum Self-Directed OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF Fulcrum Self-Directed HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SUBSCRIPTION. Fulcrum Self-Directed′S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) ONE HUNDRED DOLLARS ($100); AND (B) THE TOTAL AMOUNTS YOU PAID TO Fulcrum Self-Directed IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Fulcrum Self-Directed′S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN Fulcrum Self-Directed AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT Fulcrum Self-Directed WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Fulcrum Self-Directed reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Fulcrum Self-Directed shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.
You agree to indemnify, defend, and hold harmless Fulcrum Self-Directed, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Fulcrum Self-Directed reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Fulcrum Self-Directed and you agree to cooperate with Fulcrum Self-Directed′s defense of these claims. You agree not to settle any matter without the prior written consent of Fulcrum Self-Directed. Fulcrum Self-Directed will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If there is any dispute between you and Fulcrum Self-Directed about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Minnesota, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Minneapolis, Hennepin County, Minnesota, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that Fulcrum Self-Directed may seek and obtain injunctive relief in any jurisdiction.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if Fulcrum Self-Directed does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Fulcrum Self-Directed has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fulcrum Self-Directed′s rights and that those rights or remedies will still be available to Fulcrum Self-Directed.
The sections of “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability”, “Indemnity” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.