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
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.
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
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.
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.
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.
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:
Effective Date: February 12, 2014