TERMS OF USE
Use and Acceptance
This web site (the "Site"), and any tools and/or services offered and/or provided by
Harbor Group International, LLC and/or its subsidiaries, affiliates and/or partners
(collectively, "Harbor Group International") through or as a result of your use of
this Site (collectively, the "Services"), are offered to you conditioned upon your
acceptance without modification of the terms, conditions and notices contained herein
and in our Privacy Policy, which is incorporated herein by reference (collectively,
the "Terms of Use"). Harbor Group International may also require that you agree to other
specific terms and conditions at the time you use or sign up for certain Services.
Those other terms and conditions are incorporated herein by reference. Your use of
this Site or of any Services constitutes your agreement to all such terms, conditions
and notices. Please read these Terms of Use carefully. If you do not agree to these
Terms of Use, you may not use this Site or any Services offered or provided through
this Site.
Modification
Harbor Group International may update and change these Terms of Use from time to
time without notice to you. You must review these Terms of Use each time you use
this Site or a Service to make sure you are still in agreement to abide by them.
You agree that by using this Site or Services or engaging in any of the activities
described in these Terms of Use after changes have been made to these Terms of Use,
you are agreeing to accept and comply with those changes.
Authority
You represent that you have the legal right and ability to agree to these
Terms of Use and that you will use this Site, the Services, and any products or
services received as a result of your use of the Services in a manner consistent
with these Terms of Use.
Authorized Use, Copyrights and Trademarks
This Site and the Services may contain copyrighted works and trademarks and other proprietary
material owned or used by Harbor Group International or its content providers. If no
restrictions are displayed, you may download, view and copy the information available
from this Site for non-commercial personal or educational purposes only, provided that
each copy includes any copyright, trademark or service mark notice or attribution as they
appear, on the pages copied. However, except as stated above, you may not copy, reproduce,
publish, post, transmit, display, store, sublicense, transfer or distribute material or
images from this Site without the express written permission of Harbor Group International
and/or its content providers. You may not modify, alter, revise, paraphrase, omit, or change
any material or images on or from this Site without the express written permission of Harbor
Group International and/or its content providers. You may not create derivative works, whether
based in whole or in part upon the information on this Site or any portion thereof, except as
expressly authorized. You may not modify, amend, reduce the size of or in any way obliterate
any warning, notice, liability limitation, or other license provision in material or images
on or from this and provided by Harbor Group International for itself or other content
providers. You may not assign, sublicense, transfer, pledge, lease, rent or share your rights
under these Terms of Use, unless otherwise agreed to in writing by Harbor Group International.
Nothing contained on this Site and/or the Services should be construed as granting, by implication,
estoppel or otherwise, any license or right in and to Harbor Group International trademarks or
copyrighted material of Harbor Group International or any third party without the express written
permission of the applicable party. You also agree not to use the Site and/or Services for any
unlawful purpose. You agree to comply with reasonable written requests by Harbor Group International
to protect the information providers' and Harbor Group International's respective rights in the
information contained in this Site and/or as a part of the Services.
You may not engage in any conduct which violates these Terms of Use or restricts or inhibits any
other user from using or enjoying the Site, and/or any conduct that may constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable local, state, national,
or international law, and Harbor Group International reserves the right to prohibit access to
and/or take legal action with respect to any individual or entity engaging in such conduct.
Please note that unauthorized entry (commonly referred to as hacking) into any portion of the
Site may constitute a crime under state and/or federal law. Harbor Group International will
prosecute these violations to the fullest extent permitted by law.
Limitation of Liability
BY ACCESSING THIS SITE AND/OR USING OR RECEIVING ANY SERVICES, YOU AGREE TO HOLD HARMLESS
AND WAIVE ALL CLAIMS AGAINST HARBOR GROUP INTERNATIONAL AND ALL THIRD PARTY CONTENT PROVIDERS
REGARDING THE INFORMATION PROVIDED ON THIS SITE AND ANY INFORMATION RECEIVED BY YOU AS A
RESULT OF USING THE SERVICES, AND ANY USE BY YOU OF SUCH INFORMATION. YOU AGREE THAT UNDER
NO CIRCUMSTANCES SHALL HARBOR GROUP INTERNATIONAL OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THIS SITE OR ITS CONTENTS OR SERVICES BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS,
GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE
OF OR INABILITY TO USE THIS SITE OR ANY SERVICES (2) THE CONSEQUENCES OF ANY DECISION MADE
OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION,
OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE GOODS
OR SERVICES; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF
SERVICES THROUGH THIS SITE. HARBOR GROUP INTERNATIONAL SHALL NOT BE LIABLE FOR DAMAGE OR
INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, PROCEDURE,
OR SERVICE OBTAINED THROUGH THIS SITE.
HARBOR GROUP INTERNATIONAL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO
ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, ANY SERVICES, OR THE PRIVACY POLICY IS
YOUR CESSATION OF THE USE OF THIS SITE AND/OR ANY AND ALL SERVICES. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
HARBOR GROUP INTERNATIONAL CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR
FRAUDULENT USE OF THIS SITE AND ANY SERVICES.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARBOR GROUP INTERNATIONAL AND ALL THIRD PARTY CONTENT
PROVIDERS WHICH PROVIDE CONTENT FOR THIS SITE AND/OR THE SERVICES (EITHER THROUGH LINKS OR
OTHERWISE), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY
ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THIS
SITE, YOUR USE OF THE SITE OR THE SERVICES, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THE
TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER.
Disclaimers
SOME OF THE CONTENT ON THIS SITE AND/OR THE SERVICES MAY BE PROVIDED BY THIRD PARTY CONTENT
PROVIDERS AND USERS. HARBOR GROUP INTERNATIONAL HAS NO EDITORIAL CONTROL OVER SUCH CONTENT.
ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY
THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR
DISTRIBUTORS OF SUCH CONTENT AND NOT OF HARBOR GROUP INTERNATIONAL.
ALTHOUGH HARBOR GROUP INTERNATIONAL USES REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE
INFORMATION THROUGH THIS SITE, HARBOR GROUP INTERNATIONAL AND SUCH CONTENT PROVIDERS MAKE NO
WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, OR COMPREHENSIVENESS OF CONTENT
ON THIS SITE AND ANY SERVICE. THE INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE IS
PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HARBOR
GROUP INTERNATIONAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH
REGARD TO INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE, INCLUDING ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARBOR GROUP
INTERNATIONAL DOES NOT GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THIS SITE AND/OR THE SERVICES.
HARBOR GROUP INTERNATIONAL AND ITS CONTENT PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT
THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE AND ANY SERVICE WILL BE FREE FROM INFECTIONS OR
VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS HARBOR GROUP INTERNATIONAL FROM ANY AND ALL CLAIMS,
LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION
OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Securities Information
THE INFORMATION PROVIDED IN ANY SERVICE OR IN THIS SITE DOES NOT CONSTITUTE INVESTMENT, TAX, FINANCIAL,
LEGAL, OR OTHER ADVICE. HARBOR GROUP INTERNATIONAL MAKES NO REPRESENTATION REGARDING THE ACCURACY OR
IMPORTANCE OF ANY SERVICES. INFORMATION RECEIVED VIA THIS SITE OR THE SERVICES SHOULD NOT BE RELIED
UPON FOR PERSONAL, INVESTMENT, TAX, LEGAL OR FINANCIAL DECISIONS, AND PRIOR TO THE EXECUTION OF ANY
TRANSACTION BY YOU RELATED TO ANY INFORMATION YOU OBTAINED FROM THIS SITE OR THE SERVICES, YOU SHOULD
CONSULT WITH YOUR FINANCIAL TAX AND INVESTMENT ADVISORS AND AN ATTORNEY, OR OTHERWISE SEEK APPROPRIATE
PROFESSIONAL ADVICE TAILORED TO YOUR SITUATION. THIS SITE AND THE SERVICES ARE PUBLISHED SOLELY FOR
INFORMATIONAL PURPOSES AND ARE NOT A SOLICITATION, RECOMMENDATION, ENDORSEMENT OR OFFER BY HARBOR
GROUP INTERNATIONAL OR A THIRD PARTY TO BUY OR SELL ANY STOCK, MUTUAL FUND, SECURITY, OR OTHER
FINANCIAL INSTRUMENT. THE INVESTMENT INFORMATION PROVIDED ON THE SITE DO NOT ATTEMPT OR CLAIM TO BE
A COMPLETE DESCRIPTION OF THE SECURITIES, MARKETS, OR DEVELOPMENTS REFERRED TO IN THE MATERIALS. ALL
EXPRESSIONS OF OPINION ARE SUBJECT TO CHANGE WITHOUT NOTICE. HARBOR GROUP INTERNATIONAL DOES NOT
UNDERTAKE TO ADVISE ANYONE VIA THIS SITE. HARBOR GROUP INTERNATIONAL, ITS AFFILIATES, AND THEIR
RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS MAY HAVE CLIENTS WITH POSITIONS IN SECURITIES OR COMPANIES
MENTIONED ON THIS SITE, AND HARBOR GROUP INTERNATIONAL MAY HAVE BUSINESS RELATIONSHIPS WITH
SUCH COMPANIES.
Severability
If a court determines that any portion of these Terms of Use is illegal or unenforceable, then
such portion will be eliminated and the remaining Terms of Use will remain in force and
effect.
Entire Agreement; Jurisdiction And Choice Of Law And Forum; Arbitration
These Terms of Use and the Privacy Policy constitute your entire agreement with
Harbor Group International regarding this Site and any Services, and supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral or
written between the user and Harbor Group International with respect to the Site or
the Services. These Terms of Use, the Site, the Services, and any and all claims
relating thereto are governed by and construed in accordance with the laws of the
State of Virginia, without giving effect to any principles of conflicts of law.
You expressly and irrevocably agree that exclusive jurisdiction and venue for any
claim or dispute with Harbor Group International, its employees, contractors,
officers, directors, and content providers or relating in any way to your use of
this Site and/or the Services resides in an appropriate federal or state court
located in the City of Norfolk, State of Virginia, and you further irrevocably
agree and expressly and irrevocably consent to the exercise of personal
jurisdiction in those courts over any action brought relating to these Terms of Use,
the Site, or the Services.
You agree that Harbor Group International, at its sole discretion, may require you
to submit any disputes arising from the use of this Site, the Services, and/or
these Terms of Use concerning or including any disputes arising from or concerning
their interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptability to
newly arisen circumstances to final and binding arbitration under the International
Rules of Arbitration of the American Arbitration Association, by one or more
arbitrators appointed in accordance with the said Rules. Notwithstanding these rules,
however, such proceeding shall be governed by the laws of the state as set forth
herein. Any award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any party other
than the direction to pay a monetary amount. Further, the arbitrator shall have no
authority to award punitive, consequential or other damages not measured by the
prevailing party's actual damages in any arbitration initiated under this section,
except as may be required by statute.
E-Mail Communications.
By agreeing to these terms of use, you agree that Harbor Group International may
contact you by email to:
- Respond to any questions or submissions you may send us,
- Send you e-mail communications about information we think you will find useful – including announcements about new products and services, or
- communicate other information as necessary to administer the Site and its Services.
Submissions
You agree to provide true, accurate, current and complete information about yourself
if and when you elect to provide personal information to us. You also agree to
maintain and promptly update any such information to keep it accurate. Other than
personally identifiable information, which is addressed under our Privacy Policy, any
and all comments, suggestions, ideas, graphics, or other information that you transmit
or post to the Site becomes and will remain the property of Harbor Group International
and may be used by Harbor Group International anywhere, anytime and for any reason
whatsoever. Except as may be provided in the Privacy Policy, any information or
materials submitted to Harbor Group International will be treated as non-confidential
and non-proprietary, and Harbor Group International will not have any obligation to
use or evaluate any information we receive from you. Harbor Group International will
not have to pay you or anyone else for using any ideas or other materials that you
may transmit to or post on the Site.
Links To Other Web Sites
This Site provides links to other web sites that we think might be of interest to
our users ("Linked Sites"). Please note that when you click on one of these links
and go to a Linked Site, you may be moving to another provider's web site. Such
Linked Sites are not under the control of Harbor Group International, and Harbor
Group International is not responsible for the contents or the proper operation
of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. The inclusion of any
link does not imply endorsement by Harbor Group International or any association
with its operators. Harbor Group International cannot control the activities of
any such provider once a user leaves this Site. We encourage you to read the
terms of use and privacy statements of these Linked Sites as their policies may
differ from ours.
Security
Harbor Group International is not responsible for the security of your internet access
services provider; you should review the security and privacy policies of your internet services
provider carefully. Moreover, information that you retrieve via this Site may be cached
or stored during your session for your convenience, therefore if others have access to your
computer or your User ID and password, they may be able to access this information. In any
area of the Site requiring a password, you should log off when you are done viewing
information or anytime you leave your computer. Harbor Group International is not responsible
for the security or privacy of information communicated to or from such a computer.
Finally, you should keep any correspondence you receive relating to this Site or the Services
(including, but not limited to, your User ID, passwords, other registration information,
emails, order information, or any other information) confidential and in a safe place.
Use Outside of the United States; Limited Availability
THIS SITE WAS CREATED IN THE UNITED STATES AND COMPLIES WITH LOCAL UNITED STATES LAWS.
THIS SITE AND/OR THE SERVICES MAY NOT COMPLY WITH LEGAL REQUIREMENTS OF FOREIGN COUNTRIES.
THIS SITE, THE SERVICES, AND ANY AND ALL INFORMATION OBTAINED THEREFROM ARE NOT PROVIDED TO
AND MAY NOT BE USED BY ANY PERSON OR ENTITY IN ANY JURISDICTION IN VIOLATION OF APPLICABLE
LAWS, RULES OR REGULATIONS. THEREFORE, NOT ALL PRODUCTS OR SERVICES DESCRIBED ON THIS SITE MAY
BE AVAILABLE TO ALL PERSONS OR ENTITIES OR IN ALL JURISDICTIONS.
PRIVACY POLICY
Harbor Group International, LLC respects your privacy. We provide this Privacy Policy to answer
some of the questions you may have about the types of information collected from the web sites
("Sites") operated by Harbor Group International, LLC and/or its subsidiaries, affiliates and/or
partners (collectively, "Harbor Group International") and how that information is used. This
Privacy Policy only states Harbor Group International's privacy practices with respect to
information collected online via our Sites. By using this Site, you signify your assent to the
Privacy Policy described here. This Privacy Policy is incorporated into and subject to the terms
of the Terms of Use. Any changes in our Privacy Policy will be communicated in this page so
please check back from time to time. You agree that by using the Site or the services available
thereon after changes have been made to this Privacy Policy, you are agreeing to accept those
changes.
Restricted Use
This Site is not intended or designed to attract children under the age of 13. We do not collect
personally identifiable data from any person we know to be under the age of 13 and instruct children
under 13 not to send us any information.
WITHOUT LIMITING THE GENERALITY OF THE RESTRICTIONS CONTAINED IN OUR TERMS OF USE, THIS SITE WAS
CREATED IN THE UNITED STATES AND COMPLIES WITH LOCAL UNITED STATES LAWS. USERS WHO ARE NOT RESIDENT
TO THE UNITED STATES SHOULD NOT SUBMIT THEIR PERSONAL INFORMATION TO THIS SITE UNLESS THEY AGREE
THAT THEIR PERSONAL INFORMATION WILL BE TREATED IN ACCORDANCE WITH UNITED STATES LAWS AND THE TERMS
OF THIS PRIVACY POLICY. IF YOU HAVE ANY QUESTIONS ABOUT THE USE OF YOUR PERSONAL INFORMATION,
PLEASE CONTACT OUR WEBMASTER AT [WEBMASTER@HARBORGROUPINT.COM] BEFORE SUBMITTING YOUR PERSONAL
INFORMATION.
Types of Information We Collect
In order to measure the usefulness and efficiency of our Site, we automatically track certain
information from all visitors to our Site. This information is compiled and analyzed on an
aggregated basis, and we do not generally track anyone's individually identifiable information.
The types of information we might track may include the Internet address that you just came from,
which Internet address you go to, what browser you are using and your IP address.
Like most interactive web sites, we use "cookies" on certain pages of our Site. "Cookies" are
small data files that are stored on your hard drive which store certain information accessible
to our Site, such as your password and any information content preferences you may voluntarily
set at our Site. You are always free to decline our cookies if your browser permits, although
in that case you may not be able to use certain features on our Site and you may be required to
reenter your password more frequently during a session.
On some of our Sites, you can order services, make requests, and register to receive materials.
In order for you to access certain services and to order materials that we offer via the Site,
we require you to provide us with information that personally identifies you which may include,
without limitation, contact data like your name, mailing and e-mail addresses. If you order
materials, register to use certain services, communicate with us by e-mail, or otherwise
complete online forms or submit information, any information provided in such communication
may be collected.
Uses and Sharing of Information Collected
We will use information collected from you to, among other things, provide you with products
and services, to send you information about our company or our products or services, or to
contact you when necessary.
In the event that Harbor Group International and/or some of our assets are sold or transferred
or used as security, the information collected on our Sites may be transferred to third parties
as part of that transaction. Harbor Group International may also provide such information or
provide access to such information to any of our affiliated businesses or to our business
partners, vendors and/or service providers.
Harbor Group International may use your information to reply to you and send information to you.
Harbor Group International does not intend to reveal such information to third parties except
in the manner stated in this Privacy Policy. Harbor Group International reserves the right to
provide aggregated information received from Site users to third parties.
If Harbor Group International is requested by law enforcement officials or judicial authorities
to provide information on individual users, we may, without your consent, provide such information.
In matters involving claims of personal or public safety, Harbor Group International may provide
your personal information to appropriate authorities without your consent or court process.
Will Your Information Be Secure?
Harbor Group International recognizes you may be concerned about the security of your personal
information, and we are committed to employing reasonable technology in order to protect the
security of our Site. However, even with the best technology, no web site is 100% secure. We
will take reasonable measures which we believe are appropriate to protect your information from
loss, misuse, alteration or destruction.
User Choice Regarding Collection, Use and Distribution of Personal Information
You may choose not to provide us with any individually-identifiable information. In such an event,
you may not be able to access and use those portions of our Sites that require your
individually-identifiable information.
User Ability to Access, Update and Correct Personal Information
If you do not want to receive email or other mail from us or if you wish to check your information
that we have in our possession, please email us at [webmaster@harborgroupint.com]. Such requests
will likely take at least 4 to 6 weeks to process. If you are a registered user with an issued
password, it may be possible for you to review your profile and update your information via this
Site, though we may discontinue that feature without notice to you. We may retain in our files
information you have requested to remove in some circumstances, such as to resolve disputes,
troubleshoot problems and enforce our Terms of Use. Further, such prior information is never
completely removed from our databases due to technical constraints and the fact that we back up
our systems. Therefore, you should not expect that all of your information will be completely
removed from our databases in response to your requests.
Other Limits to Your Privacy
Our Sites contain links to other web sites. We are not responsible for the privacy practices or the
content of such other web sites. Please be aware that these other web sites may collect
information about you and have privacy practices that differ from those of Harbor Group
International.