TERMS OF SERVICE
These Terms were last amended on August 14, 2017
The services and/or materials which Social Fulcrum LLC, (“Social Fulcrum”) provides to you in connection with this web site (“Site”) are subject to the following Terms and Conditions of Use (“Terms”). By accessing, using, or registering to use any areas of our Site and/or Materials (as defined herein) from this Site, you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE. We retain the right to modify these Terms at any time, without notice to you, by posting new Terms on this page.
Use of Materials Available on this Site
Social Fulcrum may provide you with access to a variety of resources, including news, information and materials, such as blog posts, newsletters, documents, white papers, press releases and FAQs, (collectively, “Materials”) directly from this Site or emailed to you upon your request. Your use of any or all of the Materials is subject to these Terms. Social Fulcrum authorizes you to view and use the Materials for informational and non-commercial or personal use only, provided that: (1) you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials; and (2) your use of the Materials is subject to the Limitation of Use restrictions set forth below. You may not modify, copy, reproduce, distribute, license, publish or sell any of the Materials or other content on the Site.
If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any Materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Social Fulcrum directly to you).
Links to Other Web Sites and Third-Party Content
You may not link to our Site in any way that might lead others to believe that our Site or any of its contents were created or are operated or offered by you or any party other than Social Fulcrum. Unless you have entered into a separate written agreement with us permitting you to do so, you may not display any portion of our Site or any of its contents or Materials, nor may you place any text or other content on your website that states or implies that there is an association between you and Social Fulcrum.
This Site may contain links to third-party web sites, which are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
If you communicate with Social Fulcrum via this Site, your communications are not confidential. Social Fulcrum reserves the right to use all submissions, ideas and feedback that you may provide us in a manner consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our services without any financial or other obligation to you.
All content, logos, trademarks and Materials on the Site are the intellectual property of Social Fulcrum or other vendors. You may not use, remove or alter any Social Fulcrum logos or trademarks, or co-brand your own products or material with our logos or trademarks, without our prior written consent. You acknowledge Social Fulcrum’s rights in our intellectual property and agree that any use of same by you shall inure to Social Fulcrum’s sole benefit.
You may not use any of Social Fulcrum’s trade names, logos trademarks or any of the textual content of our Site, unless we have granted you a license explicitly permitting you to do so.
All third-party trademarks are the property of their respective owners.
In accordance with FTC guidelines regarding the use of testimonials, we may post customer testimonials to reflect the experiences of individuals and organizations who use our services. However, they refer to results experienced by them personally. They have been provided verbatim and may have been shortened. We review and provide testimonials as a means for clients to share their experiences with others; the views are strictly those of the commentator and may not be shared by Social Fulcrum.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. SOCIAL FULCRUM MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENTS, AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR THE AVAILABILITY OR QUALITY OF ANY SERVICES AVAILABLE VIA THIS WEB SITE (EXCEPT AS MAY BE SET FORTH IN ANY WRITTEN AGREEMENT RELATED TO THOSE SERVICES).
Limitation of Liability
IN NO EVENT WILL SOCIAL FULCRUM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF SOCIAL FULCRUM HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Social Fulcrum and its subsidiaries, affiliates, officers, directors, agents, licensors, suppliers, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or connection to the Site.
These Terms are to be governed and construed by the substantive law of the Commonwealth of Massachusetts, without regard to any of its choice of law rules that might lead to the application of the law of another jurisdiction. In the event of a dispute arising out of or relating to these Terms, or your use of or access to this Site, you agree to submit to exclusive personal jurisdiction and venue of the Superior Court located in Suffolk County, Massachusetts for any enforcement action or injunctive relief and you waive all objections to placing venue exclusively before it. The failure of Social Fulcrum to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any of these Terms is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Unless you have a written signed agreement with Social Fulcrum, these Terms constitute the entire agreement between you and Social Fulcrum and supersede any prior written or oral agreements.
These Terms were last amended on August 14, 2017