These Terms of Use are entered into by and between you and Harbinger Marketing, L.L.C. (“Harbinger,” “we,” “our,” or “us”). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.harbingermarketing.com, including any content, functionality, and services offered on or through www.harbingermarketing.com (our “Website”).

Please read the Terms of Use carefully before you start to use our Website. By using our Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not wish to agree to these Terms of Use or our Privacy Policy, you must not access or use our Website. 

Our Website is offered and available to users who are eighteen years of age or older and who reside in the United States or any of its territories or possessions. By using our Website, you represent and warrant that you meet all of the foregoing eligibility requirements and that you are of legal age to form a binding contract with Harbinger. If you do not meet all of these requirements, you must not access or use our Website.

MODIFICATIONS

We may revise and update these Terms of Use at any time in our sole discretion. All changes are effective immediately when we post them, and they apply to all access to and use of our Website thereafter. However, any changes to dispute resolution provisions will not apply to any disputes for which all parties have actual notice on or before the date the change is posted on our Website.

Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page when you use our Website so you are aware of any changes, because they are binding on you. 

ACCESSING OUR WEBSITE

We reserve the right to withdraw or amend our Website, and any service or material we provide on our Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. At any time, we may restrict access to some parts of our Website, or the entire Website. You are responsible for both making all arrangements necessary for you to have access to our Website and ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.

It is a condition of your use of our Website that all the information you provide on our Website is correct, current, and complete. You agree that all information you provide to register with our Website or otherwise, including, but not limited to, information provided through the use of any interactive features on our Website, is governed by our Privacy Policy and that you consent to all actions we take with respect to your information consistent with our Privacy Policy.

WEBSITE OWNERSHIP AND INTELLECTUAL-PROPERTY RIGHTS

All right, title, and interest in our Website, including, but not limited to, all of the software and code that comprise and operates our Website, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy, and other materials provided through our Website (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. Our Website is protected under trademark, servicemark, tradedress, copyright, patent, tradesecret and other intellectual property laws. In addition, the entire Content of our Website is a collective work under copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of the Content of our Website.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of our Website to which you have properly gained access, but only for use directly related to your relationship with Harbinger, and only if you do not remove, modify, or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining tool, robots or other automatic or manual device, software, program, code, algorithm, or methodology, to access, copy, or monitor any portion of our Website or Content, or in any way to reproduce or circumvent the navigational structure or presentation of our Website or Content, or to obtain or attempt to obtain any materials or information through any means not purposely made available by us through our Website. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform, or display publicly, prepare derivative works based on, broadcast, exploit, or use any part of the Content on our Website except as expressly provided in these Terms of Use. Nothing in these Terms of Use shall be construed as transferring any right, title, or interest in our Website or its Content to you or anyone else, except the limited license to use our Website and its Content on the terms expressly set forth herein.

Notwithstanding the foregoing, and specifically with regard to trademarks, the Harbinger names and logos (including, without limitation, those of our affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within our Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Harbinger and/or our affiliates (the “Harbinger Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated within our Website are the property of their respective owners. You are not authorized to display or use the Harbinger Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within our Website without the prior written permission of such owners. The use or misuse of the Harbinger Marks or other trademarks, product names, company names, logos, service marks and/or trade dress, or any other materials contained herein, except as permitted herein, is expressly prohibited. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Our Website and the entirety of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Harbinger, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your Web browser for display enhancement purposes;
• You may print or download one copy of one page of our Website for your own personal use directly related to your relationship with Harbinger; or
• If you wish to make any use of material on our Website other than those uses set out in this section, please address your request to: privacy@harbingermarketing.com.

You must not:

• Modify copies of any materials from our Website; 
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; 
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website; or
• Access or use for any commercial purposes any part of our Website or any services or materials available through our Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website in breach of the Terms of Use, your right to use our Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by Harbinger. 

TRADEMARKS

The Harbinger Marketing, L.L.C. name, logos, product and service names, designs, and slogans are trademarks of Harbinger and/or its affiliates or licensors. You must not use such marks without the prior written permission of Harbinger. In addition, the look and feel of our Website, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Harbinger Marketing, L.L.C. and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in our Website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Harbinger.

PROHIBITED USES

You may use our Website only for lawful purposes and only in accordance with these Terms of Use. You agree not to use our Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To transmit, or procure the sending of, any advertising or promotional material,  including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate Harbinger, a Harbinger employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or that, as determined by us, may harm Harbinger or users of our Website, or expose them to liability.

Additionally, you agree not to:

• Use our Website in any manner that could disable, overburden, damage, or impair our Website or interfere with any other party’s use of our Website, including that party’s ability to engage in real time activities through our Website;
• Use any automatic device, process, or means to access our Website for any purpose, including monitoring or copying any of the material on our Website;
• Use any manual process to monitor or copy any of the material on our Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of our Website;
• Introduce any material that is malicious or technologically harmful or attack our Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of our Website.

USER-GENERATED CONTENT

You own the copyright in any content you enter on our Website through contacting us or using other forms (“User Content”). We do not claim any copyrights in User Content. However, by using our Website, you are granting us and our affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any User Content you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. Among other things, this means that we shall have no obligation to and will not treat your User Content as confidential or proprietary and that you should have no expectation of privacy in any User Content you post.

The following terms also apply to User Content. You agree not to:

• Send any User Content that is protected by copyright, trademark, privacy, or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights without the express permission of the owner of the respective right; you are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content you send;
• Send any User Content that is harmful, hateful, threatening, abusive, harassing, defamatory or libelous, sexually explicit, vulgar, lewd, obscene, pornographic, offensive, inappropriate, or inflammatory;
• Send any User Content that you know (or reasonably should know) is false, deceptive, or misleading;
• Send any User Content that contains software viruses or any other programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Send any private information about another person, including addresses, phone numbers, email addresses, and other personal information;
• Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
• Use our Website to solicit money, goods, or services for private gain or for charitable purposes;
• Use our Website to promote political views or candidates;
• Use our Website to advertise any goods or services or to solicit the purchase or sale of any products or services;
• Use our Website to transmit chain letters or junk email;
• Use our Website to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
• Use our Website in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support our Website;
• Use our Website to harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• Use our Website in a manner that, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website;
• Use our Website in a manner that suggests an association with Harbinger or any of our affiliates or employees;
• Use our Website in a manner that violates any laws or regulations; or
• Use our Website in any way that violates these Terms of Use.

RELIANCE ON INFORMATION POSTED

The information presented on or through our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.

Our Website may reference content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Harbinger, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Harbinger. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

YOUR INFORMATION

All information we collect on our Website is subject to our Privacy Policy. By using our Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

LINKS

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

Our Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on our Website. You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you;
• Cause our Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or
• Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion. 

If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the individual terms of such websites.

GEOGRAPHIC RESTRICTIONS

The owner of our Website is based in the state of Georgia in the United States. We provide our Website for use only by persons located in the United States. We make no claims that our Website or any of its content is accessible or appropriate outside of the United States. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HARBINGER NOR ANY PERSON ASSOCIATED WITH HARBINGER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HARBINGER NOR ANYONE ASSOCIATED WITH HARBINGER REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, HARBINGER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HARBINGER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Harbinger, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Website, any use of our Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from our Website.

GOVERNING LAW AND JURISDICTION

All matters relating to our Website, any activity related to our Website, or these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the state of Georgia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Website shall be instituted exclusively in a United States District Court for the Northern District of Georgia or a state court located in Fayette County, Georgia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in the jurisdiction in which you reside. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

CLAIM LIMITATION

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by Harbinger of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Harbinger to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is declared invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use, and the remaining provisions of the Terms of Use shall continue to be valid and enforceable. 

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Harbinger Marketing, L.L.C. regarding our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Website. 

QUESTIONS, COMMENTS, AND CONCERNS

Our Website is operated by Harbinger Marketing, L.L.C. at 100 Glendalough Court, Suite B, Tyrone, GA 30290. All notices of copyright infringement claims, feedback, comments, requests for technical support, and other communications relating to our Website should be directed to: privacy@harbingermarketing.com.