disclaimer

Please read these terms and conditions carefully. By accessing this web site and any pages hereof, you are indicating that you have read, acknowledge and assent to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not access this web site. Fulcrum Global Partners LLC (Fulcrum) reserves the right to change these terms and conditions and you are responsible for regularly reviewing these terms and conditions. Your continued use of this web site constitutes your agreement to all such terms and conditions.

General Information

This web site comprises various web sites and pages operated by Fulcrum (collectively, the "web site"). Certain sections of or pages on this web site may contain separate terms and conditions, which are in addition to these terms and conditions. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.

Unauthorized use of Fulcrum's web site and systems, including, but not limited to, unauthorized entry into Fulcrum's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any Fulcrum site or service or interfere with any other party's use and enjoyment of any Fulcrum site or service. You may not attempt to gain unauthorized access to any Fulcrum site or service, computer systems or networks connected to any Fulcrum site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.

The information and materials on this web site may contain typographical errors or inaccuracies. Fulcrum reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this web site and to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Fulcrum does not undertake any obligation or responsibility to update or amend any such information. Fulcrum may discontinue or change any product or service described in or offered on this web site at any time.

Disclaimer of Warranty and Limitation of Liability

The information, products and services on this web site are provided on an "AS IS," "WHERE IS" and "WHERE AVAILABLE" basis. Fulcrum does not warrant the information or services provided herein or your use of this web site generally, either expressly or implicitly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Fulcrum will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this web site. Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, Fulcrum cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or Fulcrum cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Fulcrum, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Fulcrum or of any vendor providing software or services. In no event will Fulcrum or any such parties be liable to you for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Fulcrum or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Fulcrum cannot and does not guarantee continuous, uninterrupted or secure access to the web site.

Proprietary Rights

All right, title and interest in this web site and any content contained herein is the exclusive property of Fulcrum, except as otherwise stated. Unless otherwise specified, this web site is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any information, software, products or services obtained from this web site, except for the purposes expressly provided herein, without Fulcrum's prior written approval. If you download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Fulcrum, the Fulcrum logo and other Fulcrum services referenced herein are service marks of Fulcrum. The names of actual companies and third-party products mentioned herein may be the trademarks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Fulcrum or such third party which may own the marks.

Pursuant to Section 512(c)(2) of the Copyright Act, Fulcrum designates the following agent to receive notifications of claimed infringement: Harry Needleman, Fulcrum Global Partners LLC, 535 Madison Avenue, New York, New York 10022; fax: (212) 803-9098; hneedleman@fulcrumgp.com.

Use of Links

This web site may contain links to and be linked from third party web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Fulcrum of any information contained in any third party web site. In no event shall we be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this web site.

Securities Products

None of the information contained in this web site constitutes a solicitation or offer by Fulcrum or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service. Prior to the execution of any transaction by you involving information you received from this web site, you should consult your business advisor, attorney and tax and accounting advisors with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. The information and services provided on this web site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Fulcrum is not authorized to provide such information or services. Some products and services described in this web site may not be available in all jurisdictions or to all clients.

© 2005 Fulcrum Global Partners LLC