January 2020
Please read these Terms and Conditions of Use (“Terms”) before using the site. By continuing to access or use this Harman Stone Corporation Website, hereafter referred to as “The Site” or “Site,” or any service on this Site, you signify your acceptance of the Terms. Harman Stone Corporation (“The Firm”) owns and operates this Site on behalf of itself and its subsidiaries (collectively known as the “Harman Stone Entities”) to provide information and online services to its clients and prospective clients of the Harman Stone Entities. Occasionally, The Firm may modify the Terms. Therefore, please continue to review the Terms whenever accessing or using the Site. Your use of the Site, or any Service on the Site, after the posting of modifications to the Terms will constitute your agreement to the Terms, as modified. If, at any time, you do not accept the Terms, then you may not use the Site. Any terms or conditions proposed by you that are in addition to or which conflict with the Terms are hereby unequivocally rejected by The Firm and shall be of no force, effect or consequence.
1. User Agreement to Terms and Conditions of Use. You hereby agree that you have read and agree to be bound by the Terms. You further agree to comply with applicable United States Federal, state, and local laws, statutes and regulations regarding the transmission of any data obtained from the Site in accordance with the Terms. You further agree not to use the Site for illegal purposes; and not to interfere or disrupt networks connected to the Site. You also agree that you will not upload or add information or utilize this Site in any manner that affects the Sites performance, usability, function or accessibility to authorized parties. You agree to indemnify and hold harmless Harman Stone Corporation, its entities, and their respective officers, directors, employees and affiliates, from and against, any and all claims, losses, expenses, damages or demands incurred by any such party in connection with any claim by a third party arising out of your communications with or use of the Site.
2. Intellectual Property. This Site, including, but not limited to text, content, images, video, and graphics, are protected by copyrights, trademarks, international treaties and/or other proprietary rights and laws of the United States and other countries. The Site is also protected as a collected work or compilation under U.S. copyright and other laws and treaties. Any individual articles, posts, blogs, columns and other elements part of this Site are also copyrighted works. The trademarks, service marks, logos, and designs associated with this Site are owned by the Firm or third parties. You agree to act in accordance with all applicable copyright, trademark, and other laws, as well as all additional copyright notices or restrictions found in the Site.
3. Authorized Use and Restriction of Use. You are prohibited from using the Site for any illegal purpose or in any manner not consistent with the Terms. You agree to use the Site solely for the use and benefit of you and your organization or entity, and not for resale or transfer to, or use by or for the benefit of any individual or entity. You agree to refrain from using, transferring, distributing or disposing of any information contained on the Site in any manner that would compete with, or be detrimental to, the interests of The Firm. You acknowledge that the Site has been developed, revised and arranged by The Firm and others (including certain other information sources) through the application of methods and standards of development and applied through the expenditure of time, effort and monies. The Site constitutes valuable intellectual property, proprietary information and trade secrets of The Firm and others. You further agree to protect the proprietary rights of The Firm and all others having rights on this Site during and after the term of this agreement and to comply with all reasonable written requests made by The Firm or its writers and developers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights on the Site. You agree to notify The Firm immediately should you become aware of any unauthorized access or use of the Site by any party or parties, or any claim that the Site might infringe upon any copyright or trademark, or other contractual, statutory or legal rights.
4. Further Restrictions on Use of Site. You are forbidden to copy, reproduce, distribute, publish, display, modify, upload, transmit or in any way use any part of this site, except that you may download material from the Site for your personal use or the use of your organization or entity – provided that all copies retain any copyright, trademark and other proprietary notices. Additionally, you are prohibited from offering any part of this Site for sale or distribution via any medium including, but not limited to, television, radio, computer networks or hyperlinks on the internet without prior written consent of the Firm. You may not use any of the tradenames, trademarks, and/or logos displayed on the Site, except as expressly provided in these Terms. Nothing on this Site or elsewhere shall be construed as granting any license or right to utilize any marks. You may not use this Site, the information herein or any of the Firm’s names or trademarks in mailings or spam material, nor will you spam or send unsolicited mailings to any individual, organization or entity using this Site.
5. Communication on The Site. This site may contain forums, and/or other message or communication functions designed to allow you to communicate with the public at large or with a group. You will be required to register to use these portions of the Site. You hereby agree to maintain the security of your password once registered and agree not to disclose it to any other individual or entity. You accept full responsibility for maintaining the confidentiality of your password and responsibility for any breach, including any damages from or connected to, such a breach, without limitation. You hereby agree that you are fully responsible for all activities that occur under your login. You also agree to immediately contact The Firm if you have any reason to believe that any login has been compromised.
You acknowledge responsibility for any content you post or submit to the Site, including its legality, accuracy, reliability, uniqueness and compliance with applicable copyrights. You agree to use the Site only to post, send and receive messages and material that are proper and related to that particular part of the Site. You agree that you will not:
- Slander, victimize, harass, threaten, stalk or otherwise violate the rights of others, including their right to privacy.
- Publish, upload, post, or otherwise distribute any inappropriate, inflammatory, slanderous, libelous, obscene, indecent, or unlawful material or information.
- Upload files containing software of any kind, or any material protected by intellectual property laws.
- Upload files containing any viruses, corrupt files, or anything similar or that could damage the operation of any other individual, organization or entity’s computer(s).
- Advertise or offer to sell, or purchase any goods or services for any business purpose whatsoever.
- Download any file that you know, or reasonably should know, cannot be legally distributed.
- Restrict or hinder any user from utilizing and enjoying the Site.
- Violate any code of conduct or guideline(s) which may be applicable to the Site, directly or indirectly.
- Accumulate or collect information about other Site users, including e-mail addresses, without their consent.
- Violate any applicable Federal, state or local laws, statutes or regulations.
The Firm has no obligation to monitor the Site’s Forums, or communication venues. However, The Firm reserves the right to review material posted and to remove any material in its sole discretion. The Firm reserves the right to terminate any user’s access to any portion of the Site or the Site in its entirety, at any time, without notice, for any reason.
The Firm will manage any personal information it collects via this Site in accordance with its Privacy Policy. In accordance with its Privacy Policy, The Firm reserves the right to disclose any information necessary, at any time, to satisfy any applicable Federal, state or local law, statute, regulation, legal subpoena or reasonable governmental request. Further, The Firm reserves the right to refuse to post or remove any information, in its entirety or in segments, at The Firm’s sole discretion.
The Firm does not and will not lay claim to ownership of the materials you provide to The Firm and/or its Site. Further, The Firm will not post, upload, input or submit such material to any other site. However, you should be aware that posting, uploading, inputting, providing or by otherwise submitting material, you are granting The Firm and other users of this Site permission to use your submission within the operation of their businesses including, but not limited to, the right to copy, disseminate, convey, transfer, display, copy, edit, translate and reformat your material; and to publicly display your name in connection with the material.
You will not be paid, or due, any compensation with respect to your submission. The Firm is under no obligation to post or use any material you may provide, and The Firm may remove or edit any submission, at any time, at The Firm’s sole discretion.
By posting, uploading, or otherwise submitting material, you warrant and represent that you own or otherwise control all of the rights to that material as herein described, including, without any limits, all the rights necessary to post, upload, or otherwise submit said material.
6. License. You do not acquire any right(s), or license(s), in or to this Site and/or its materials other than the right to use the Site, limited in accordance with the Terms and amended from time to time.
7. Linking and Framing. These Terms strictly prohibit any caching of the Site and/or unauthorized hyperlinking to the Site. The Firm reserves the right to disable any unauthorized links or frames, and explicitly disavows any responsibility for the content of any other websites linked to this Site. Other websites which may be linked to the Site have their own terms and conditions of use and privacy policies. Should you choose to access any other website(s) linked to this Site, it will be at your own risk and The Firm expressly declines any and all liability related to such website(s).
8. Linking. Without prior, specific, written consent by The Firm, you are explicitly prohibited from linking to this Site – its home page or to any other page that is located on any level down from the home page such as a deep link. Further, you are prohibited from bringing up or presenting content from this Site within another website.
9. Rights Reserved. All present and future rights to trade secrets, patents, copyrights, trade-names, trademarks, databases, and/or proprietary rights of any type under Federal, state and/or local laws, domestic or foreign, including rights to any and all applications and registrations relating to the Site, shall always be and remain the sole and exclusive property of The Firm. All present and future rights in and to the Site, including the right to use the Site, and any portions therein, with present and/or future technology, are reserved by The Firm.
10. Disclaimer and Limitation of Liability. The Site contains only a general overview of subjects covered. It is not intended to be taken as legal or accounting advice regarding any specific situation, should not be construed as such, and should not be relied upon as such. You should consult your currently retained insurance, legal and tax advisors regarding issues specific to the moment. All insurance coverage is subject to the terms, conditions, and exclusions of the applicable individual insurance policies. The Firm cannot provide any prior assurance that insurance can be obtained for any client, prospective client or for any risk(s).
You hereby agree that use of this Site is at your sole risk, and hereby acknowledge that the Site and anything contained herein, including, but not limited to, content, services, goods or advertisements are provided as is, and as available, without any representations, warranties or conditions of any kind expressed or implied. The Firm does not warranty the Site as being compatible with your equipment, being free of errors, viruses, worms or trojan horses. The Firm is not liable for any damage you may suffer because of such destructive elements.
You agree that The Firm, its suppliers and its third parties shall have no responsibility or liability for:
- any injury or damages caused by the negligence of The Firm, its employees, subcontractors, third parties or otherwise resulting from use of the Site; or
- any inaccuracy, omission, delay or other failure of the Site caused by your computer equipment or arising from your use of the Site on said equipment.
The Site’s links from, or to websites outside the Site, are meant for convenience only. The Firm does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site or the content of those sites, the third parties named, or such products and services. Linking to any other site is at the user’s sole risk and The Firm cannot be held responsible or liable for any damages about linking. The content of other websites, services, or goods may be linked to the Site is not maintained or controlled by The Firm. Any links to software sites are for convenience only. The Firm is not responsible or liable for any difficulties or consequences associated with downloading any software. The Firm is not responsible for the availability, content or accuracy of any other websites, services or goods that may be linked to, or advertised on, the Site.
The Firm does not make any warranty, expressed or implied, with respect to the use of the links provided on, or to, the Site. The Firm does not guarantee the accuracy, completeness, or usefulness of other websites, services, or goods that may be linked to the Site. Finally, The Firm does not make any endorsements, expressed or implied, of any other websites, services, goods or advertisements that might be linked to the Site. You hereby acknowledge that The Firm and/or their third parties may choose at any time to inhibit or prohibit their content from being accessed under the Terms.
11. Limitation of Liability. You hereby agree that The Firm and /or its third parties, under whatever circumstances, including but not limited to negligence, shall be liable for any direct, indirect, incidental, consequential, or punitive damages even if an authorized representative of The Firm has been advised specifically of the possibility of such damages, resulting from the use or inability to use the Site, any links, items on the site or any provision of the terms. This liability limitation includes, but is not limited, to the transmission of any virus which might infect the user’s computer(s). The Firm cannot and does not guarantee continuous, uninterrupted or secure access to the site.
12. Representations and Warranties. You hereby agree that you have the power and authority to enter this agreement and can form legally binding contracts under applicable law. You agree you shall not use any rights granted here-under for an unlawful purpose(s), and that you will use the Site only as set forth in these Terms.
13. Indemnification. You hereby agree to indemnify, defend and hold harmless The Firm and its employees, representatives, third parties – at your expense – against any claim, suit, or action or other proceeding, arising from your use of the Site, or any links on the Site, including, but not limited to your use or someone else’s use of your computer, a violation of the Terms by you or someone using your computer, any claim that use of the Site by you or someone using your computer violates intellectual property rights of a third party, or otherwise results in injury or damage to any third party. Further, you agree to indemnify, defend and hold harmless The Firm, its employees, representatives and third parties, at your own expense for any deletions, additions, insertions, alterations, or any unauthorized use of the Site by you, someone using your computer or your password. Finally, you further indemnify, defend and hold harmless The Firm, its employees, representatives and third parties at your own expense for any misrepresentations or breach of representations, warranties or covenants you might make in connection with the Site. You agree to pay all costs, damages, expenses, legal fees and court costs awarded against or incurred by or about or arising from any such claim, suit, action or proceeding.
14. Termination. The Terms may be terminated either by you or The Firm, with or without cause, at any time effective immediately at that time. In order to terminate, you must discontinue use of the Site and destroy all content and material obtained from the Site. These Terms will terminate immediately without notice from The Firm, if The Firm finds and/or determines, in its sole discretion, that you have failed to comply with any provision of these Terms.
Upon termination by you or upon notice of termination by The Firm, you must promptly destroy all materials obtained from the Site and any copies you may have retained. Any remaining relevant sections shall survive any termination of these Terms.
15. Governing Law. The Terms will be governed and construed in accordance with the laws of the United States of America and the State of Tennessee, without giving effect to conflicts therein. You agree to submit to the personal jurisdiction of the state and federal courts located in Shelby County, Tennessee with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.
16. Access Outside the United States. If you choose to access the Site from outside the United States, you are responsible for compliance with foreign and local laws. The Firm shall not provide insurance placement or brokering, risk consulting, claims or any other services or provide any benefit to the extent that the provision of such services or benefit would violate applicable law. Via your use of this Site, you represent and affirm that you are in compliance with all local, national and foreign laws.
17. Miscellaneous. Official Correspondence must be sent via U.S. Postal Service mail to:
Harman Stone Corporation
Re: Website Inquiries
2095 Exeter Road
Suite 106
Germantown, Tennessee U.S.A.
38138-3919
18. Certain areas of this Site are subject to additional terms of use. By using certain area(s) of the Site, you agree to be bound by any additional terms of use that might be applicable to those areas.
19. Severability. If any of the provision(s) of these Terms is found to be unlawful, void, or for any reason unenforceable, then that or those provision(s) shall be deemed to be severed from the rest of these Terms and shall not affect the legality, validity and enforceability of any remaining provision(s).
20. No Assignment. The provisions of the Terms will become effective for the benefit of and be binding upon each of The Firm and its successors, assigns and related persons, as well as you, your heirs, executors, administrators, successors, permitted assigns, and any personal representatives. You are prohibited from attempting to assign these Terms, or your rights and obligations under these Terms, without the express, prior, written consent of The Firm, which The Firm may withhold in its sole discretion. Finally, The Firm may assign these Terms and its rights and obligations under these Terms without your consent.
21. No Waiver. No consent or waiver by either party, to or of, any breach or default by the other party, in its performance of its obligations under these Terms, will be deemed or construed to be a consent or waiver of any continuing breach or default, or any other breach or default, of those or any other obligations of the applicable party. Consents and/or waivers will not be effective unless in writing and signed by both you and The Firm.
22. Copyright Agent
Harman Stone’s “Copyright Contact for Notice of Claims” of copyright infringement can be reached at: Harman Stone Corporation, 2095 Exeter Road, Suite 106, Germantown, Tennessee, 38138-3919, Attn: Legal Department. Harman Stone’s Copyright Agent can also be reached by telephone at 901-756-1212.
If you believe that there is any content on the Site that infringes your copyrighted work, please provide the following information to Harman Stone’s Copyright Agent:
- The electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest;
- the description of the copyrighted work that you claim has been infringed;
- the description of the location of the material’s location on the Site;
- your name, business name, address, telephone number, and email address;
- your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a further statement by you, signed under penalty of perjury, that the above information in the notice is accurate and that you are, indeed, the copyright owner or authorized to act on the copyright owner’s behalf.
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