Fulcrum Partners, a OneDigital Company
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms”) BEFORE USING THIS SITE.
USE OF SITE CONTENT
Except as stated herein, none of the information and content on the Site, without limitation, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Fulcrum Partners or the copyright owner.
By accessing and using this Site, you agree not to engage in any conduct that could damage, disable, overburden or gain unauthorized access to the Site, any Materials, systems, networks or accounts related to the Site or otherwise circumvent any access-limiting, user authentication or security device thereof.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered trademarks of Fulcrum Partners. Other trademarks, service marks, and trade names may be owned by others. Nothing on this site should be construed as granting, by implication, any license or right to use any trademark or any other Fulcrum Partners intellectual property displayed on this site. Fulcrum Partners aggressively enforces its intellectual property rights to the fullest extent of the law. The name Fulcrum Partners, or Fulcrum Partners LLC, or any other trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior written permission from Fulcrum Partners. Fulcrum Partners also prohibits use of Fulcrum Partners or any other trademark as part of a link to or from any site unless establishment of such a link is approved in advance by Fulcrum Partners in writing.
The copyright for all materials provided on this site is held by Fulcrum Partners, its affiliates, or by the original creator of the material. All content and functionality on this site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Fulcrum Partners or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
USE OF SITE CONTENT
Fulcrum Partners hereby grants permission to download one copy of the materials on this site on a single computer for your personal or internal business use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on this site without Fulcrum Partners’ express written permission. You may, however, share, through social media accounts, the content posted on the Fulcrum Partners website, provided that you do not alter it and that you cite us as the source. You may not share, post, or transmit material from this website in a way that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity. Exclusive of limited personal use, or content shared via social media and in compliance with guidelines and best practices established by the social media platform, you may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to Fulcrum Partners website(s). Any unauthorized use of the materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations, and statutes.
There may be delays, omissions, or inaccuracies in information obtained through your use of this Site. All information included on the Site or referenced by the Site is provided to you with the understanding that Fulcrum Partners’ provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on this Site should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors. Moreover, Fulcrum Partners does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded, or distributed through this Site by Fulcrum Partners, any user, information provider, or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, Fulcrum Partners does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that Fulcrum Partners promotes or endorses any third party’s causes, ideas, political campaigns, political views, web sites, products, or services.
Fulcrum Partners makes no representations whatsoever about any other website which you may access through this one. When you access a non-Fulcrum Partners website, please understand that it is independent from Fulcrum Partners, and that Fulcrum Partners has no control over the content on that website, even if Fulcrum Partners provides information or services to the owner of that web Site. In addition, a link to a non-Fulcrum Partners website does not mean that Fulcrum Partners endorses or accepts any responsibility for the content or the use of such website. In fact, Fulcrum Partners disclaims any and all liability and responsibility for such content. Your use of any third-party Materials and access to any other websites linked to this Site is at your own risk; Fulcrum Partners will not be liable for any damages arising from the use thereof.
Fulcrum Partners may from time to time make available mobile applications (“Apps”) to provide user access using wireless and mobile devices. These Terms apply to your access to and use of Apps in the same manner and on the same terms as they apply to your access to and use of the Site.
OPERATION OF SITE
This Site is owned and operated in the United States. If you access and use the Site from outside of the United States, you are responsible for compliance with all laws and regulations relating to such access and use, including those of the jurisdiction from which you access this Site. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
MODIFICATIONS AND CHANGES
Fulcrum Partners may periodically modify these Terms, and any modifications will be effective upon posting. Fulcrum Partners reserves the right to change, modify, suspend, temporarily or permanently discontinue, and restrict the use and availability of the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice or liability.
NO PROFESSIONAL ADVICE; NO FIDUCIARY STATUS
This Site and the Materials are intended to provide general information only and are not intended to constitute and should not be considered as legal, investment, accounting, or other professional advice. If legal, investment, accounting or other professional advice or assistance is needed, the services of competent, independent legal counsel, investment advisor, accountant or other professional should be sought. You acknowledge and agree that, except as may otherwise be the subject of a separate agreement or as required by applicable law, by making the Site and its functionalities available to you, Fulcrum Partners is not acting as a “fiduciary,” within the meaning of the Employee Retirement Income Security Act of 1974, as amended.
You hereby indemnify, defend, and hold harmless Fulcrum Partners and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the indemnified parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Fulcrum Partners reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the remainder of the Terms shall not be affected thereby, and each provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
DISCLAIMER OF WARRANTIES
FULCRUM PARTNERS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND ABOUT THE SITE OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SITE AND MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FULCRUM PARTNERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, FULCRUM PARTNERS DOES NOT WARRANT THAT: 1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THAT THE SITE OR THE MATERIALS WILL MEET YOUR NEEDS (3) THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (4) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND EQUIPMENT, OR LOSS OF DATA, THAT MAY RESULT FROM OBTAINING SUCH MATERIALS FROM THIS SITE.
IN NO EVENT WILL FULCRUM PARTNERS OR ITS PROVIDERS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, TRADING LOSSES, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS REFERENCED BY THE SITE. THE FOREGOING LIMITATION SHALL APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FULCRUM PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FULCRUM PARTNERS WILL NOT HAVE ANY LIABILITY FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FULCRUM PARTNERS DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY, OR A GOVERNMENT ACTION. THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT FULLY APPLY IN CERTAIN STATES AND IN CERTAIN CIRCUMSTANCES BY REASON OF APPLICABLE LAWS, AND WHERE THIS IS THE CASE THE LIABILITY OF FULCRUM PARTNERS AND ITS PROVIDERS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAWS.
GOVERNING LAW AND VENUE
These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. You agree that any claim, dispute, controversy, or other matter arising out of your use or access to this Site shall be subject to the exclusive jurisdiction of the federal and state courts located in St. Johns County, Florida, and you consent and submit to the personal jurisdiction of those courts for purposes of litigating any such matter.
Fulcrum Partners, a OneDigital Company.
801 N. Orange Avenue
P. O. Box 3191 (ZIP 32802-3191)
Orlando, Florida 32801-5203
© 2021 Fulcrum Partners, a OneDigital Comany. FulcrumPartners.com All rights reserved.
Securities offered through Lion Street Financial, LLC (LSF) and Valmark Securities, Inc. (VSI), each a member of FINRA and SIPC. Investment advisory services offered through CapAcuity, LLC; Lion Street Advisors, LLC (LSF) and Valmark Advisers, Inc. (VAI), each an SEC registered investment advisor. Please refer to your investment advisory agreement and the Form ADV disclosures provided to you for more information. VAI/VSI, LSF and CapAcuity, LLC. are non-affiliated entities and separate entities from OneDigital and Fulcrum Partners.
This site is published for residents of the United States only. Registered Representatives and Investment Advisor Representatives of Valmark Securities, Inc., Valmark Advisers, Inc., Lion Street Financial, LLC., or Lion Street Advisors, LLC. may only conduct business with residents of the states and jurisdictions in which they are properly registered. Therefore, a response to a request for information may be delayed. Not all of the products and services referenced on this site are available in every state and through every representative or advisor listed.