Terms of Service

Effective Date: December 1, 2023

Use and Acceptance

The websites (the "Sites"), and any tools and/or services offered and/or provided by Harbor Group International, LLC (“HGI”), Harbor Group Management Co., LLC (“HGMC”) and/or any of its subsidiaries, affiliates and/or partners (collectively, "Harbor Group International," “we” or “us”) through or as a result of your use of the Sites (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 the Sites or of any Services constitutes your agreement to all such terms, conditions and notices. Please read these Terms of Use carefully. This document affects your legal rights, including limiting your damages if you sue us. If you do not agree to these Terms of Use, you may not use the Sites or any Services offered or provided through the Sites.

Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may currently have with us (including without limitation any customer agreement, participation agreement, partnership agreement or account agreement) outside any agreements with respect to the Sites (“Other Agreements”). In the event of any inconsistency between these Terms of Use and any Other Agreements (outside any agreements with respect to the Sites), the Other Agreements will govern.

Modification

Harbor Group International may, in its sole discretion, update and change these Terms of Use from time to time. We will post the changes on the Sites with the effective date. If we change the Terms of Use in a way that reduces your rights or increases your responsibilities, we will provide you with a notification. Your continued use of the Sites or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms of Use. You should review these Terms of Use each time you use the Sites or a Service to make sure you are still in agreement to abide by them. You agree that by using the Sites 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. The date of the last revision or update to these Terms of Use appears at the top of the Terms of Use.

Authority

You represent that you have the legal right and ability to agree to these Terms of Use and that you will use the Sites, 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 and Restrictions on 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 the Sites 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 the Sites 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 the Sites 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 the Sites 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 the Sites or Services 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 the Sites 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 Sites 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 the Sites and/or as a part of the Services.

Representations and Warranties

When using the Sites and Services, you represent, warrant, and agree that you will not:

engage in any conduct which violates these Terms of Use;
engage in any conduct that restricts or inhibits any other user from using or enjoying the Sites;
engage in any conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
attempt to decompile, reverse engineer, disassemble or otherwise attempt to extract to discover the source code of the Sites or any part thereof, except and only to the extent such activity is expressly permitted by applicable law notwithstanding this limitation;
resell any aspects of the Sites and Services to a third party;
use the Sites in any manner that could damage, disable, overburden or impair the Sites or interfere with the proper functioning of the Sites, including making automated use of the Sites or take any action that Harbor Group International deems to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
impersonate Harbor Group International or any person or entity associated with Harbor Group International; or
use another user’s username and password without permission.

Harbor Group International reserves the right to prohibit access to and/or take legal action with respect to any individual or entity engaging in any conduct in violation of these Terms of Use. Please note that unauthorized entry (commonly referred to as hacking) into any portion of the Sites 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 THE SITES 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 THE SITES 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, ITS AFFILIATES OR ANY OF ITS OUR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES 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 HOWEVER CAUSED (EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT OR ARISE FROM (1) THE USE OF OR INABILITY TO USE THE SITES 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 THE SITES. 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 THE SITES.

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 THE SITES 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 THE SITES AND ANY SERVICES.

Indemnification

AS A CONDITION OF YOUR USE OF THE SITES AND/OR SERVICES, YOU AGREE TO INDEMNIFY AND HOLD HARBOR GROUP INTERNATIONAL, ITS AFFILIATES AND ALL THIRD PARTY CONTENT PROVIDERS WHICH PROVIDE CONTENT FOR THE SITES 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 THE SITES, 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 THE SITES 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 AND INCLUSION OF SUCH CONTENT ON THE SITE OR THE SERVICES SHALL NOT BE DEEMED TO BE AN ENDORSEMENT BY HARBOR GROUP INTERNATIONAL.

ALTHOUGH HARBOR GROUP INTERNATIONAL USES REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THE SITES, HARBOR GROUP INTERNATIONAL AND SUCH CONTENT PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED, AS TO THE ACCURACY, RELIABILITY, SECURITY, AVAILABILITY, TIMELINESS OR COMPREHENSIVENESS OF CONTENT ON THE SITES AND ANY SERVICE. THE INFORMATION CONTAINED ON THE SITES 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 THE SITES AND ANY SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARBOR GROUP INTERNATIONAL DOES NOT GUARANTEE UNINTERRUPTED, “ERROR FREE” OR SECURE ACCESS TO THE SITES 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 THE SITES 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 THESE TERMS OF USE.

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 THE SITES 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 THE SITES 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 THE SITES 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. THE SITES 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 DOES NOT ATTEMPT OR CLAIM TO BE A COMPLETE DESCRIPTION OF THE SECURITIES, MARKETS, OR DEVELOPMENTS REFERRED TO IN THE SITES. ALL EXPRESSIONS OF OPINION ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. HARBOR GROUP INTERNATIONAL DOES NOT UNDERTAKE TO ADVISE ANYONE VIA THE SITES. HARBOR GROUP INTERNATIONAL, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS MAY HAVE CLIENTS WITH POSITIONS IN SECURITIES OR COMPANIES MENTIONED ON THE SITES, AND HARBOR GROUP INTERNATIONAL MAY HAVE BUSINESS RELATIONSHIPS WITH SUCH COMPANIES.

Severability and Waiver

If a court determines that any portion of these Terms of Use is illegal or unenforceable, then such portion will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or provision that make these Terms of Use unenforceable will be eliminated and the remaining Terms of Use will remain in force and effect. Any failure of Harbor Group International to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provisions of these Terms of Use.

Entire Agreement; Jurisdiction And Choice Of Law And Forum; Arbitration

These Terms of Use constitute your entire agreement with Harbor Group International regarding the Sites and any Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Harbor Group International with respect to the Sites. These Terms of Use, the Sites, the Services, and any and all claims relating thereto are governed by and construed in accordance with the laws of the Commonwealth 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 in any way relating to or arising from to your use of the Sites and/or the Services resides in an appropriate federal or state court located in the City of Norfolk, Commonwealth 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 Sites, or the Services.

You agree that if any dispute should arise between you and Harbor Group International related to or arising from your use of the Sites and/or Services, you will bring your claim on an individual basis and you hereby waive your right to pursue any claim in a class action.

Regardless of any statute or law to the contrary, you must commence any cause of action you may have with respect to your use of the Sites and/or Services within one (1) year after the claim or cause of action arises.

You agree that Harbor Group International, at its sole discretion, may require you to submit any disputes related to or arising from the use of the Sites, the Services, and/or these Terms of Use concerning or including any disputes related to, 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.

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 personal 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 Sites 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 Sites.

Links To Other Web Sites

The Sites provide links to other websites operated by other entities ("Linked Sites") that we think might be of interest to our users. These links are provided strictly for convenience.

Please note that when you click on one of these links and go to any Linked Sites, you are moving to another provider's website. 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 Sites, including without limitation, any link contained in Linked Sites, or any changes or updates to Linked Sites. 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 the Sites, and you acknowledge and agree that use of Linked Sites is strictly at your own risk. We encourage you to read the terms and privacy statements of the Linked Sites as their policies may differ from ours.

Usernames and Passwords

Certain areas of the Sites or Services may only be accessible to you if you have a username and password. You are solely responsible for (a) maintaining the confidentiality of the username and password and (b) all activities that occur under your username and password. If, in the process of obtaining a username and password, you provide us with any information that is untrue, inaccurate, not current or incomplete, or we have reason to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your username and password and refuse any and all current or future use of the Sites and/or Services (or any portion thereof). You shall immediately notify us of any loss or theft of your password, or if the confidentiality of your password has otherwise been compromised in any way.

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 the Sites 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 Sites 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 the Sites 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.

Communications

As part of your use of our Services, you consent to receive electronic notifications from Harbor Group International. You may opt-out of receiving certain notifications in association with the Sites and Services by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain services, announcements, or notifications even if you have opted-out from other messages.

Notice of Copyright Infringement

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Website infringe your copyright, please send us a notice containing the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit this notice to us at webmaster@harborg.com.

No Investment Advice

The Sites may include forward-looking statements. All statements other than statements of historical fact are forward-looking statements (including words such as “believe,” “estimate,” “anticipate,” “may,” “will,” “should,” and “expect”). Although Harbor Group International believes that the expectations reflected in such forward-looking statements are reasonable, Harbor Group International can give no assurance that such expectations will prove to be correct. Various factors could cause actual results or performance to differ materially from those discussed in such forward-looking statements.

Past performance is not indicative of any specific investment or future results. Views regarding the economy, securities markets or other specialized areas, like all predictors of future events, cannot be guaranteed to be accurate and may result in economic loss to the investor.

Any information provided by the Sites regarding historical market performance is for illustrative and education purposes only. Clients or prospective clients should not assume that their performance will equal or exceed historical market results and/or averages.

The material listed in the Sites is current as of the date noted, and is for informational purposes only, and does not contend to address the financial objectives, situation, or specific needs of any individual investor. Any information is for illustrative purposes only, and is not intended to serve as investment advice since the availability and effectiveness of any strategy is dependent upon your individual facts and circumstances. Results will vary, and no suggestion is made about how any specific solution or strategy performed in reality.

Use Outside of the United States; Limited Availability

THE SITES WERE CREATED IN THE UNITED STATES. THE SITES AND/OR THE SERVICES MAY NOT COMPLY WITH LEGAL REQUIREMENTS OF FOREIGN COUNTRIES. THE SITES, 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 THE SITES MAY BE AVAILABLE TO ALL PERSONS OR ENTITIES OR IN ALL JURISDICTIONS.

Contact

Please contact us at webmaster@harborg.com if you have any questions about the Sites, the Services or these Terms of Use.

The Harbor Group Management Company's Terms of Service