LEGAL

SERVICE TERMS

Welcome to www.harborcenter.com (the “Site”), a website provided by HarborCenter Development, LLC (“HarborCenter”). Your use of the Site is at all times subject to the following terms and conditions, and you are deemed to have accepted these terms and conditions upon using the Site. You should review these terms and conditions carefully, and be sure you understand them, prior to using the Site. If you do not agree to these terms and conditions, you must immediately exit the Site.

1. Site Content

The Site and all content on the Site (collectively “Content”), plus all copyrights, trademarks, service marks and other intellectual property rights in the Site and such Content, are owned or licensed from third parties by HarborCenter. You may access, copy and use any Content only as expressly permitted herein. No provision of these terms and conditions, and nothing contained on the Site, grants to you, whether expressly or implicitly, any license or other right to access, copy, disclose, distribute, modify, retransmit, use or create derivative works of any Content, unless set forth in a writing signed by HarborCenter or its licensee (as the case may be) or expressly set forth herein. Any such access, copying, disclosure, distribution, modification, retransmission, use or creation of derivative works not permitted pursuant to the immediately preceding sentence is prohibited.

2. Scope of Use

The Site and all Content are only provided for promotional and informational purposes, and to register for certain events offered through the Site (including, but not limited to, youth hockey clinics). You may only access and use the Site and all Content for legitimate purposes if you are a customer or prospective customer of HarborCenter, or otherwise interested in learning more about HarborCenter. Neither the Site nor any Content may be used for any unlawful, fraudulent, harassing, objectionable or other non-legitimate purpose, and HarborCenter reserves the right to terminate any person’s use of the Site, with or without notice, in its sole discretion.

3. Third-Party Websites

The Site may contain links to websites maintained by third parties (individually a “Third-Party Site,” and collectively “Third-Party Sites”), and Third-Party Sites may contain links to the Site. HarborCenter is not responsible for any content on a Third-Party Site, and does not approve, endorse, recommend or sponsor any Third-Party Site or any such content. No link from the Site to a Third-Party Site, or from a Third-Party Site to the Site, is an approval, endorsement, recommendation or sponsorship by HarborCenter of such Third-Party Site or any such content, and any link to a Third-Party Site to the Site, or from the Site to a Third-Party Site, is provided only for your convenience. In addition, your use of a Third-Party Site will be subject to its service terms, privacy policy and other provisions, for which you are responsible if you access such Third-Party Site.

4. Privacy Policy

HarborCenter may collect certain personal and analytical information from you through the Site, and will handle such information in accordance with its privacy policy, which is contained on the Site, (the “Privacy Policy”). You should contact HarborCenter as set forth in the Privacy Policy with all complaints, questions and requests for additional information relating to HarborCenter’s handling of such information or the Privacy Policy.

5. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, HARBORCENTER DOES NOT WARRANT OR REPRESENT THAT THE SITE OR ANY CONTENT (A) WILL ALWAYS BE AVAILABLE FOR USE, (B) ARE FREE FROM SPYWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, (C) WILL MEET YOUR REQUIREMENTS, (D) DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR (E) ARE ERROR-FREE OR THAT ANY ERRORS THEREIN WILL BE CORRECTED.

6. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARBORCENTER SHALL NOT HAVE ANY LIABILITY FOR (A) ANY PERSONAL INJURY OR (B) ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA LOSS, OR COMPUTER CRASHES OR OTHER DENIALS OF SERVICES) ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OR ANY CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR OTHER), AND EVEN IF HARBORCENTER KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification

You must indemnify, defend and hold harmless HarborCenter, its subsidiaries and other affiliates, and its employees, managers, members, officers and other agents, from all costs, expenses, damages, fines, liabilities, losses, penalties and other payments (including, but not limited to, attorneys’ fees and disbursements) in connection with (a) your accessing, and using, the Site, (b) your failing to perform any obligation pursuant to these terms and conditions, (c) your violating any right of a third party (including, but not limited to, any infringement of a third party’s intellectual property rights, or right of privacy and publicity, and any claim of defamation), and (d) any information or other content submitted by you to HarborCenter through the Site.

8. Information Provided by You

You may from time to time provide information and other content to HarborCenter through the Site. Subject to the Privacy Policy, unless provided otherwise in a writing signed by HarborCenter, you grant to HarborCenter a non-exclusive, perpetual, fully-paid and world-wide license to copy, distribute, modify, retransmit, use and create derivative works of all such information and other content. All such information and other content must be accurate and complete in all respects, unless by its nature such information or other content is not intended to be accurate or complete. In addition, you must at all times immediately notify HarborCenter in writing of any update to such information to maintain its accuracy and completeness.

9. Applicable Law

These terms and conditions will be governed by, and interpreted and construed in accordance with, the laws of the state of New York, without regard to principles of conflict of laws.

10. Disputes

Except as expressly provided otherwise in the Privacy Policy, you and HarborCenter (a) will submit any dispute relating to the Site, any Content or these terms and conditions exclusively to a federal, state or local court located in the county of Erie, New York and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute.

11. Entire Agreement

These terms and conditions contain the entire agreement, and supersede all prior oral and written proposals, understandings and agreements, between you and HarborCenter with respect to your use of the Site and any Content.

12. Severability

Whenever possible, each provision of these terms and conditions shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these terms and conditions, being prohibited or invalid.

13. Revisions

HarborCenter may revise these terms and conditions from time to time by posting the revised terms and conditions on the Site, with the revised terms and conditions taking effect immediately upon such posting. It is your responsibility to periodically check these terms and conditions on the Site for such revisions. Your use of the Site following the posting of any revisions to these terms and conditions on the Site will be deemed an irrevocable acceptance by you of such revisions.

14. Additional Information

If you have any questions or desire additional information regarding the Site, any Content or these terms and conditions, or if you would desire to contact HarborCenter for any other reason, please write to:

Taylor Gahagen
taylor.gahagen@harborcenter.com

Effective Date: February 12, 2014