FULCRUM5 TERMS OF SERVICE
Last Updated: May 20, 2026
ACCEPTANCE OF TERMS
These Terms of Service (“Terms”) govern your access to and use of the Fulcrum5 website at www.fulcrum5.co (the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU START TO USE THE SITE. BY USING THE SITE, OR ANY COMPONENT THEREOF, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT www.fulcrum5.co/privacy, INCORPORATED HEREIN BY REFERENCE.
THESE TERMS CONTAIN A CLASS ACTION WAIVER AND ARBITRATION CLAUSE BELOW. PLEASE REVIEW CAREFULLY.
ACCESSING THE SITE
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Site or the entire Site.
You are responsible for both:
• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
USE OF THE SITE
The Site is provided for informational purposes only. The content on the Site, including descriptions of our services, frameworks, and points of view, does not constitute professional, financial, legal, or operational advice and should not be relied upon as such. Engagement of Fulcrum5 services is governed by separate written agreements between Fulcrum5 and its clients.
INTELLECTUAL PROPERTY
All content on the Site, including text, graphics, logos, images, and the Fulcrum5 System framework (including the Ten Columns and Five Forces), is owned by Fulcrum5, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent. The “Fulcrum5” name and related marks are trademarks of Fulcrum5, LLC.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
• Modify copies of any materials from this Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Fulcrum5. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
USER CONDUCT
When using the Site, you agree not to:
• Use the Site for any unlawful purpose or in violation of these Terms.
• Attempt to gain unauthorized access to any portion of the Site or its underlying systems.
• Use any automated means to scrape, copy, or extract content from the Site.
• Interfere with or disrupt the operation of the Site or its servers.
• Upload or transmit (or attempt to upload or transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Exploit, harm, or attempt to exploit or harm any minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• Transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Fulcrum5 or users of the Site, or expose them to liability.
• Stalk or harass any person or entity.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
• Engage in activity that may interrupt, destroy, or limit the functionality of the Site or of any computer software or hardware or telecommunications equipment.
• Disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges.
• Use the Site to advertise or perform any commercial solicitation.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site.
• Use the Site as part of any effort to compete with us or otherwise use the Site for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.
Automated queries may never be sent by you to our Site, or any component thereof, unless Fulcrum5 has provided you with express written permission. “Sending automated queries” includes, among other things:
• Using any software which sends queries to our Site to determine how a Site or webpage “ranks” for various queries;
• “Metasearching”; and
• Performing “offline” searches on the Site.
MONITORING, ENFORCEMENT, AND TERMINATION
We have the right to:
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the website for any reason or no reason, including without limitation, any actual or suspected violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS FULCRUM5 AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
THIRD-PARTY LINKS
The Site may contain links to third-party websites or resources. We provide these links for convenience only and do not endorse, control, or assume responsibility for the content, privacy practices, or availability of any third-party site. Your use of third-party sites is at your own risk and subject to those sites’ terms and policies. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
DISCLAIMERS
The Site and all content on it are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Fulcrum5 disclaims all warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. We may modify any feature or functionality of the Site or any part thereof with or without notice.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or your downloading of any material posted on it, or any website linked to it.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
PERSONAL INFORMATION
All information we collect on this Site is subject to our Privacy Policy, available at www.fulcrum5.co/privacy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
LINKING TO THE SITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or any portions thereof to be displayed on, or appear to be displayed by, any other site, for example, “deep framing,” “deep linking,” or “in-line linking.”
• Link to any part of the Site other than the homepage.
• Otherwise take action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, Fulcrum5 and its officers, employees, affiliates, agents, directors, licensors, and service providers shall not be liable for damages of any kind, under any theory, including any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Site, even if we have been advised of the possibility of such damages.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fulcrum5 and its officers, employees, affiliates, agents, directors, licensors, and service providers, and any successors and assigns thereof, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Site, Site content, services, and products, any violation of these Terms, or any information obtained from the Site.
GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in Nebraska, and you consent to the jurisdiction of such courts. The parties to these Terms and any of their affiliates, assignees, or successors waive the right to a trial by jury on any claim relating to or arising out of these Terms.
ARBITRATION CLAUSE
Any dispute relating in any way to your visit to this Site, these Terms, or our Privacy Policy, including products you purchase or services you obtain through this Site, that has not been resolved through the informal dispute resolution mechanism described above, shall be submitted to confidential arbitration in the State of Nebraska, except that, to the extent you have in any manner violated or threatened to violate Fulcrum5’s intellectual property rights, Fulcrum5 may seek injunctive or other appropriate relief in any state or federal court in the State of Nebraska, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms must be conducted under the rules then prevailing in the laws of the state of Nebraska. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
CLASS ACTION WAIVER
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Fulcrum5 or any of its affiliates on an individual basis, and not as a class, collective, coordinated, consolidated, mass, and/or representative action. This Class Action Waiver will preclude you from bringing any class, collective, coordinated, consolidated, mass, and/or representative action against Fulcrum5 or any of its affiliates, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass, and/or representative action brought against Fulcrum5 or any of its affiliates by someone else. Any and all disputes, claims, or controversies between the parties shall be resolved only in individual proceedings. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither any court, judge, arbitrator, nor arbitration provider shall have any authority to hear, litigate, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in individual proceedings. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief.
A court, tribunal, or arbitrator may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Fulcrum5 in a single proceeding. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in a court of competent jurisdiction; (iii) the unenforceable or unlawful portion(s) shall be severed from this Class Action Waiver; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Class Action Waiver.
WAIVER AND SEVERABILITY
No waiver by Fulcrum5 of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fulcrum5 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
ENTIRE AGREEMENT
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Fulcrum5 regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
CHANGES TO THESE TERMS
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. Material changes will be communicated via the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.
CONTACT
If you have questions about these Terms, contact us at:
FULCRUM5
10308 Chauncey Circle
Blair, NE 68008