Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using the services provided by Fulcel LLC. (“Fulcel”), including our website and any services or resources available through it (collectively, the “Services”), you agree to be bound by these Terms of Use and all additional terms incorporated by reference. If you do not agree to these terms, you may not use the Services.

Use of Services: The Services, including all information and content available on them, are protected by intellectual property laws. Your right to use the Services is subject to these Terms of Use.

Updates to Services: Fulcel may update the Services without prior notice to you.

Certain Restrictions: You may not misuse the Services. This includes not engaging in unauthorized commercial activities, not attempting to reverse engineer or disrupt the Services, and not infringing on Fulcel’s intellectual property rights.

Reservation Agreement: Reservations made through the Services are governed by the Fulcel Reservation Agreement.

Ownership: All rights, title, and interest in the Services, including all intellectual property rights, are owned by Fulcel or its suppliers.

User Conduct: You agree not to use the Services in any way that is illegal, harmful, or infringes on others' rights.

Indemnification: You agree to indemnify Fulcel against losses arising from your use of the Services, your violation of these Terms of Use, or your violation of any laws.

Disclaimer of Warranties: The Services are provided "as is" and Fulcel disclaims all warranties, express or implied.

Limitation of Liability: Fulcel is not liable for indirect, incidental, or consequential damages arising from your use of the Services.

Arbitration Agreement: Any disputes between you and Fulcel will be resolved by binding arbitration, not in court.

Third-Party Services: The Services may contain links to third-party websites or services, which are not controlled by Fulcel.

General Provisions: These include governing law, waiver, severability, and complete agreement clauses.

By using the Services, you acknowledge that you have read, understood, and agreed to these Terms of Use. Fulcel reserves the right to modify these Terms of Use at any time. Continued use of the Services after such changes signifies your acceptance of the updated Terms of Use. It is your responsibility to regularly check for updates.

Governing Law and Venue: These Terms of Use are governed by the laws of the State of Michigan, excluding its conflicts of law rules. Any disputes arising under these terms will be litigated exclusively in the state or federal courts located in Traverse City, Michigan.

Electronic Communications: By using the Services, you consent to receiving electronic communications from Fulcel and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements.

Assignment: These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Fulcel's prior written consent.

Force Majeure: Fulcel is not liable for any failure to perform due to causes beyond its reasonable control.

Contact Information: For any queries or complaints regarding the Services, contact Fulcel at legal@fulcel.com.

Waiver and Severability: The failure of Fulcel to enforce any right or provision will not constitute a waiver of future enforcement. If any provision is deemed unenforceable, the remaining provisions will remain in full effect.

Export Control: You must comply with all U.S. and international export laws and regulations regarding the use of the Services.

Consumer Complaints: California residents may direct complaints to the Consumer Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

Entire Agreement: These Terms of Use constitute the entire agreement between you and Fulcel and supersede all prior or contemporaneous communications.

Changes to Terms of Use: Fulcel may revise these Terms of Use at any time. Changes will be effective immediately for new users and upon the earlier of thirty (30) days after posting or your acceptance if Fulcel provides a mechanism for your immediate acceptance.

By continuing to use the Services after changes to these Terms of Use, you accept those changes. Regularly review the Terms of Use to stay informed of any updates.