By using the HarbourExchange.com web site, including but not limited to “MyBoatingInfo.com” and “BoatGoblin.com” (“Harbour Exchange” or the “Site”), a service of Harbour Exchange Ltd., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. Before you may become a member of Harbour Exchange, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1st, 2009 for current users, and upon acceptance for new users.
1. Harbour Exchange is a Venue
Harbour Exchange acts as a venue and social utility to connect people and to allow users who comply with Harbour Exchange’s policies to offer, sell, and buy certain goods within an auction and fixed price format. Harbour Exchange is not directly involved in the transaction between buyers and sellers. As a result, Harbour Exchange has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Harbour Exchange does not pre-screen users or the content of information provided by users. Harbour Exchange cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Harbour Exchange does not transfer legal ownership of items from the seller to the buyer. Harbour Exchange cannot guarantee the true identity, age, and nationality of a user. Harbour Exchange encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification. You agree that Harbour Exchange is a venue and as such is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Harbour Exchange, by third parties or by any of the equipment or programming associated with or utilised in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.You use Harbour Exchange service at your own risk.
2. Membership Eligibility
Age: Harbour Exchange’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Harbour Exchange’s policies as stated in the Agreement and these policy documents: ‚Ä¢ Pricing Policy‚Ä¢ Privacy Policy
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Harbour Exchange of any unauthorized use of your password or any breach of security. You also agree that The Harbour Exchange cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Harbour Exchange account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Harbour Exchange’s services are not available to temporarily or indefinitely suspended Harbour Exchange members. Harbour Exchange reserves the right, in Harbour Exchange’s sole discretion, to cancel unconfirmed or inactive accounts. Harbour Exchange reserves the right to refuse service to anyone, for any reason, at any time.
Business Accounts: If you are registering with Harbour Exchange as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Harbour Exchange, you must comply with all applicable laws relating to online trading.We will commence supplying our services to you as soon as you accept this Agreement. Unless you and Harbour Exchange agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
3. Fees and Services
Joining and setting up an account on Harbour Exchange is free. Harbour Exchange charges fees for listing an item in the classifieds section or listing for sale in the auctions section, as well as a percentage of the sale price when that item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Harbour Exchange’s Pricing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Pricing and the fees for Harbour Exchange’s services are effective after The Harbour Exchange provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, Harbour Exchange may choose to temporarily change the Pricing and the fees for Harbour Exchange’s services for promotional events (for example, free listing days); such changes are effective when Harbour Exchange posts the temporary promotional event on the Site. Harbour Exchange may, at Harbour Exchange’s sole discretion, change some or all of Harbour Exchange’s services at any time. In the event Harbour Exchange introduces a new service, the fees for that service are effective at the launch of the service.Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.) You agree that we may issue you with invoices in electronic format by email. Fees and Termination: If Harbour Exchange terminates your account, if you close your account, or if the payment of your Harbour Exchange fees cannot be completed for any reason, you remain obligated to pay Harbour Exchange for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Harbour Exchange.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Harbour Exchange’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale on Harbour Exchange. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Storefront Policies: All sellers are urged to outline storefront policies for their Harbour Exchange storefront. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All storefront policies must comply with Harbour Exchange’s site-wide policies. Sellers are responsible for enforcing their own reasonable storefront policies. Harbour Exchange reserves the right to request that a seller modify a storefront policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Harbour Exchange transaction fees, misrepresent the item’s location, or use another user’s account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Harbour Exchange and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Harbour Exchange.
Restricted Activities: Your Content and your use of Harbour Exchange shall not: 1. Be false, inaccurate or misleading 2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items 3. Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy 4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) 5. Contain items that are hazardous to consumers and therefore subject to a recall 6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Harbour Exchange staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device 7. Be obscene or contain any form of pornography 8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information 9. Host images not part of a listing 10. Modify, adapt or hack Harbour Exchange or modify another website so as to falsely imply that it is associated with Harbour Exchange; 11. Appear to create liability for Harbour Exchange or cause Harbour Exchange to lose (in whole or in part) the services of Harbour Exchange’s ISPs or other suppliers 12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Harbour Exchange. 13. Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends; 14. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; 15. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; 16. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; 17. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 18. Intimidate or harass another; 19. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; 20. Use or attempt to use another’s account, service or system without authorisation from the Company, or create a false identity on the Service or the Site. 21. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.Furthermore, you may not list any item on Harbour Exchange (or consummate any transaction that was initiated using Harbour Exchange’s service) that, by paying to Harbour Exchange the listing fee or the final value fee, could cause Harbour Exchange to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
6. Content
License: Harbour Exchange does not claim ownership rights in your Content. You grant Harbour Exchange a license solely to enable Harbour Exchange to use any information or Content you supply Harbour Exchange with, so that Harbour Exchange is not violating any rights you might have in that Content. You grant Harbour Exchange a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Harbour Exchange to store or re-format your Content on Harbour Exchange and display your Content on Harbour Exchange in any way as Harbour Exchange chooses. Harbour Exchange will only use personal information in accordance with Harbour Exchange’s Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Harbour Exchange user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Harbour Exchange related communications. Harbour Exchange has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Harbour Exchange user to your email or physical mail list. For more information, see Harbour Exchange’s Privacy Policy.
Re-Posting Content: By posting Content on Harbour Exchange, it is possible for an outside website or a third party to re-post that Content. You agree to hold Harbour Exchange harmless for any dispute concerning this use. If you choose to display your own Harbour Exchange-hosted image on another website, the image must provide a link back to its listing page on Harbour Exchange.
User Content Posted on the Site: You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicence) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicences of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the licence granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Harbour Exchange does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
7. Information Control
Harbour Exchange does not control the Content provided by users that is made available on Harbour Exchange. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Harbour Exchange, you agree to accept such risks and that Harbour Exchange (and Harbour Exchange’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Harbour Exchange. Please use caution, common sense, and practice safe buying and selling when using Harbour Exchange.
Other Resources: Harbour Exchange is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Harbour Exchange does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Harbour Exchange shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Third Party Websites and Content: The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
8. Meetings
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Harbour Exchange’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. Harbour Exchange is not involved with user generated groups, the groups’ requirements, or the Meetings. Harbour Exchange does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Harbour Exchange does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Harbour Exchange may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. HARBOUR EXCHANGE IS NOT INVOLED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO HARBOUR EXCHANGE; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY HARBOUR EXCHANGE, AND HARBOUR EXCHANGE HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT HARBOUR EXCHANGE IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, HARBOUR EXCHANGE USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Harbour Exchange, please contact Harbour Exchange. Should you have a dispute with one or more users, or an outside party, you release Harbour Exchange (and Harbour Exchange’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Harbour Exchange encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Harbour Exchange, for the benefit of users, may try to help users resolve disputes. Harbour Exchange does so in Harbour Exchange’s sole discretion, and Harbour Exchange has no obligation to resolve disputes between users or between users and outside parties. To the extent that Harbour Exchange attempts to resolve a dispute, Harbour Exchange will do so in good faith based solely on Harbour Exchange’s policies. Harbour Exchange will not make judgments regarding legal issues or claims.
10. Harbour Exchange’s Intellectual Property
Harbour Exchange, and other Harbour Exchange graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Harbour Exchange Ltd. in the U.K. and/or other countries. Harbour Exchange’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
Harbour Exchange may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Harbour Exchange is updated on a real-time basis and is proprietary or is licensed to Harbour Exchange by Harbour Exchange’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Harbour Exchange for any purpose without Harbour Exchange’s prior express written permission. Additionally, you agree that you will not: 1. Take any action that imposes, or may impose, in Harbour Exchange’s sole discretion, an unreasonable or disproportionately large load on Harbour Exchange’s infrastructure 2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content from the Site without the prior expressed written permission of Harbour Exchange and the appropriate third party, as applicable 3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site 4. Bypass Harbour Exchange’s robot exclusion headers or other measures Harbour Exchange may use to prevent or restrict access to Harbour Exchange
12. Breach
Without limiting any other remedies, Harbour Exchange may, without notice, and without refunding any fees, delay or immediately remove Content, warn Harbour Exchange’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: Harbour Exchange suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Harbour Exchange is unable to verify or authenticate any of your personal information or Content; Or Harbour Exchange believes that a user is acting inconsistently with the letter or spirit of Harbour Exchange’s policies, has engaged in improper or fraudulent activity in connection with Harbour Exchange or the actions may cause legal liability or financial loss to Harbour Exchange’s users or to Harbour Exchange.
13. Privacy
Except as provided in Harbour Exchange’s Privacy Policy Harbour Exchange will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Harbour Exchange stores and processes Content on computers located in the United Kingdom that are protected by physical as well as technological security.
14. No Warranty
HARBOUR EXCHANGE, HARBOUR EXCHANGE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND HARBOUR EXCHANGE’S SUPPLIERS PROVIDE HARBOUR EXCHANGE’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HARBOUR EXCHANGE, HARBOUR EXCHANGE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND HARBOUR EXCHANGE’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM HARBOUR EXCHANGE SHALL CREATE ANY WARRANTY. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
15. Liabiity Limit
Harbour Exchange (including subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) £100.
16. Indemnity
You agree that you will only use our sites and services in accordance with this Agreement. You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.
17. No Guaranty
Harbour Exchange does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Harbour Exchange’s control.
18. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Harbour Exchange’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
19. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and Harbour Exchange are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Harbour Exchange Service
Harbour Exchange reserves the right to modify or terminate Harbour Exchange service for any reason, without notice, at any time. Harbour Exchange reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Harbour Exchange will notify you via email to the email address in your account. What constitutes a “material change” will be determined at Harbour Exchange’s sole discretion, in good faith, and using common sense and reasonable judgment.
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by English law and disputes arising under this Agreement will be adjudicated by the courts of England.
23. Survival
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 ( Harbour Exchange’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
24. Notices
Except as explicitly stated otherwise, any notices shall be given by electronic mail via the contact us form or, if the notices are for you, to the email address you provide to Harbour Exchange (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Harbour Exchange may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Harbour Exchange. In such case, notice shall be deemed given three days after the date of mailing.
