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Terms of Sale for Digital Products

These Terms of Sale for Digital Products (“Terms”) is entered into by and between you and Harbor Research Inc. (a Colorado corporation) (“HARBOR”) and governs your use of and access to the periodical publications primarily consisting of a web site and email service offering research reports, news notes, and a library of charts and data (“Publication”). By using or accessing the Publication, you agree to the Terms of Service located at https://www.harborresearch.com/terms and Privacy Policy located at https://www.harborresearch.com/privacy.

 

1. REPORTS STORE

For reports store purchases:

a. Grant of Rights. Grant of Rights. Your purchase of one of our products constitutes our granting to you a non-exclusive, revocable, non-transferable, non-assignable or non-sublicensable license to access the research report(s) purchased (“Report”). This license is personal to you and permits only you to access and receive content from the Report as well as to download and access that Report for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, train others in the digital product, display it publicly or on the internet, share your login credentials or otherwise distribute any of our products, whether modified or not, to any third party. Licenses for these items are available for purchase. If you choose to take these actions, you will be notified and billed accordingly. In addition, you agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

b. Billing.Payments are non-refundable. Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. We reserve the right, however, to issue refunds or credits at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.

2. SUBSCRIPTIONS

For subscription services:

a. Grant of Rights.These Terms grant you a non-exclusive, revocable, non-transferable, non-assignable license to access the Publication during the Term (as defined below) (“Subscription”). This license is personal to you and permits only you to access and receive content from the Publication.

b. Term and Termination.These Terms takes effect immediately upon completion of the registration process and remains in effect for an initial term of one year (“Initial Term”). The Subscription and these Terms shall auto-renew for additional one-year terms (“Renewal Term(s)”) (together with the Initial Term the “Term”) unless you terminate by providing notice to HARBOR prior to the end of the then current Term.

c. Access. You will create an individual user ID and password to access the Publication. Sharing or transferring usernames or passwords is strictly prohibited without written permission from HARBOR.

d. Billing.Upon completion of the registration process and at the commencement of any Renewal Term, you shall be billed the then current annual advertised rate for the Publication (“Subscription Fee”). The Subscription Fee shall be due immediately and is non-refundable unless subsection (e) below is applicable. Accounts not paid within ten (10) days of such date shall be considered delinquent, in which case HARBOR reserves the right to suspend the Subscription until payment is received. All Subscription Fees are non-refundable unless explicitly stated by HARBOR at the time of registration.

 

3. INTELLECTUAL PROPERTY

You acknowledge that the Publications and the contents thereof are the intellectual property of HARBOR or its licensors. You further acknowledge that nothing in these Terms shall constitute a sale or transfer of title or ownership from HARBOR to you of any rights in and to the Publication. You shall not, infringe, or enable the infringement of, the intellectual property rights of HARBOR in any way, including without limitation by making available externally from you including without limitation by auto-forwarding via email, manually forwarding via email, posting on a publicly accessible website, directly or indirectly reproducing, downloading or otherwise distributing (in any form current or yet to be developed) the Publication or any portion thereof without prior written permission of HARBOR. Notwithstanding the foregoing, you may use data and information provided in the Publications in internal and external presentations to team members, customers and potential customers and at conferences and events where you are a featured speaker (the “Limited Exceptions”). All rights not explicitly granted to you herein are reserved to HARBOR. This section shall survive termination or expiration of the Terms.

 

4. PRIVACY

By purchasing a subscription or report, you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically. To ensure electronic delivery accuracy and intellectual property compliance, HARBOR may use tracking software, which may forward certain technical data from the Publication usage information from any computer that opens the newsletter email to HARBOR. HARBOR will not share this information with anyone outside of HARBOR, nor will HARBOR use it for any commercial purpose. Registration data and other information collected during the registration process and in the ordinary course of business shall be subject to the Insider Inc. Privacy Policy located at https://www.harborresearch.com/privacy, which may be updated from time to time.

 

5. DISCLAIMER

YOU AGREE AND ACKNOWLEDGE THAT THE PUBLICATION INCLUDING YOUR USE OF AND ACCESS TO THE PUBLICATION IS PROVIDED ON AN “AS-IS”, BASIS AND ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. ADDITIONALLY, HARBOR DOES NOT GIVE INVESTMENT ADVICE OR ADVOCATE FOR THE PURCHASE OR SALE OF ANY INVESTMENT OR SECURITY AND HARBOR AND ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON AS A RESULT OF ACCESS TO THE PUBLICATIONS FOR CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE AND LOST SAVINGS IN ANY THEORY OF LIABILITY. IF ANY PORTION OF THIS SECTION IS RULED TO BE UNENFORCEABLE BY AN APPLICABLE AUTHORITY THEN HARBOR’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

6. GENERAL

The Terms are the final and entire agreement between you and HARBOR with regard to the Publication and supersedes all previous agreements whether written or oral regarding the Publication. Neither you nor HARBOR is an agent, representative or partner of the other. Neither you nor HARBOR shall have any right, power or authority to enter into any agreement for or on behalf of or incur any obligation or liability on behalf of the other party. These Terms shall not be interpreted to create an employment relationship, joint venture or partnership between the parties or to impose any liability attributable to such relationship upon either you or HARBOR. HARBOR may, from time to time, change these Terms. When such changes are made, we will make a copy of the new Terms available to you on our website. Neither these Terms nor any part or portion hereof shall be assigned or otherwise transferred by you without HARBOR’s prior written consent. Should any provision of these Terms be held to be void, invalid, unenforceable or illegal, it shall be severed from these Terms and the remaining terms shall remain in full force and effect. These terms are governed by the laws of the State of New York, excluding its conflict-of-laws principles. The exclusive venue for any dispute relating to this agreement shall be Denver County, Colorado. All notices hereunder shall be sent, certified mail, to Harbor Research Inc., 2601 Blake Street, Suite 100, Denver, CO, 80205, Attn: Legal Department.

Please contact the Harbor Research Reports team with any questions at [email protected].

 

Last updated: December 21, 2021