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.
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