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Terms of Use

Last Updated: January 1, 2025

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and Harbour Networking LLC ("we," "us," or "our") governing your access to and use of the website at harbournetworking.com and all related services, applications, and platforms (collectively, the "Services"). Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms that may apply to specific features or services. If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time. Your continued use of the Services after any changes constitutes acceptance of the modified Terms. We will provide notice of material changes by updating the effective date and, where appropriate, notifying you via email or prominent notice on the site.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Responsibilities

If you create an account with us, you are responsible for:

  • Maintaining the confidentiality of your account credentials, including your password.
  • All activities that occur under your account, whether or not authorized by you.
  • Providing accurate, current, and complete information during registration and keeping it updated.
  • Promptly notifying us of any unauthorized access to or use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period. You may not transfer or assign your account to any other person or entity without our prior written consent.

4. Prohibited Conduct

You agree not to engage in any of the following activities while using our Services:

  • Violating any applicable local, state, national, or international law or regulation.
  • Infringing upon the intellectual property rights, privacy rights, or other rights of any third party.
  • Uploading, transmitting, or distributing any viruses, malware, worms, or other harmful code.
  • Attempting to gain unauthorized access to our systems, networks, or other users' accounts.
  • Interfering with or disrupting the integrity or performance of our Services or related systems.
  • Using automated means (bots, scrapers, spiders) to access our Services without express written permission.
  • Engaging in any form of harassment, abuse, or threatening behavior toward other users or our personnel.
  • Impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
  • Using the Services for any fraudulent, deceptive, or misleading purpose.
  • Attempting to reverse engineer, decompile, or disassemble any portion of our Services.

5. Intellectual Property

All content, features, and functionality of our Services — including but not limited to text, graphics, logos, icons, images, audio clips, video, data compilations, software, and the design, selection, and arrangement thereof — are owned by Harbour Networking LLC, our licensors, or other content suppliers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose, subject to these Terms. This license does not include the right to: (a) modify or copy materials except as necessary for normal browser caching; (b) use materials for any commercial purpose not expressly authorized; (c) remove any copyright or proprietary notations; or (d) transfer materials to another person or "mirror" materials on any other server.

6. User Content

You retain ownership of any content you submit, post, or display through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting our Services.

You represent and warrant that: (a) you own or control all rights to the User Content you submit; (b) the User Content does not violate any third party's rights; and (c) the User Content complies with these Terms and all applicable laws. We reserve the right to remove any User Content that violates these Terms or that we deem objectionable, without prior notice.

7. Disclaimers

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of materials on our Services or otherwise relating to such materials.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Harbour Networking LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE OUR SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (D) ANY OTHER MATTER RELATING TO OUR SERVICES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

9. Indemnification

You agree to indemnify, defend, and hold harmless Harbour Networking LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of our Services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your User Content. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days.

If a dispute cannot be resolved through negotiation, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and you consent to the personal jurisdiction of such courts. You waive any objection to venue in such courts. Nothing in this section shall prevent either party from seeking injunctive or equitable relief in any court of competent jurisdiction.

11. Termination

We may suspend or terminate your access to our Services at any time, with or without cause and with or without notice, including if we reasonably believe you have violated these Terms. Upon termination: (a) your right to use the Services immediately ceases; (b) we may delete your account and all associated data; and (c) provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by contacting us at legal@harbournetworking.com. Termination does not relieve you of any obligations incurred prior to termination.

12. General Provisions

  • Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
  • Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Harbour Networking LLC regarding your use of the Services.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall only be effective if in writing and signed by us.
  • Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
  • Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government actions, or failures of third-party services.
  • Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.

Contact Information

For questions about these Terms, please contact us:

  • Entity: Harbour Networking LLC
  • Address: 123 Main Street, Suite 100, Charlotte, NC 28202
  • Email: legal@harbournetworking.com
  • Phone: +1 (704) 555-0100