Terms and Conditions

Welcome to harbormedtech.com, a service brought to you by Harbor MedTech, Inc., (“Harbor MedTech”). Please take a moment to read our Terms and Conditions. By using our site, you agree to these Terms and Conditions. Please note that the Internet is a rapidly changing medium, and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms.

This site is controlled and operated by Harbor MedTech from its offices within the United States of America. Harbor MedTech makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.

We respect the privacy of our users. Please take a moment to review our privacy policy. If you have any concerns regarding privacy, contact us at support@harbormedtech.com for more information.

As is further explained below, you should be aware that the material that appears on our site is for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose website we link. The links on this website are designed for convenience only, and do not constitute an endorsement by Harbor MedTech of that site or any product, service or other material offered on that site. All images, website design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software Copyright © 2015, Harbor MedTech, Inc (Harbor MedTech, Harbor MedTech.com) 4 Jenner #190, Irvine, CA 92618, USA. ALL RIGHTS RESERVED.

COPYRIGHT AND LIMITATIONS ON USE
This Agreement is personal to you, and you may not assign your usage rights to anyone. All Harbor MedTech.com content is the property of Harbor MedTech and is protected by Copyright. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through harbormedtech.com to anyone without the express written consent of Harbor MedTech. You may not post any content from harbormedtech.com to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of Harbor MedTech.

OWNERSHIP OF MATERIALS
Except as otherwise noted, the information and/or software within and available through this website (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the “Materials”) are the exclusive property of Harbor MedTech or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Harbor MedTech’s prior written permission. Except as expressly provided herein, Harbor MedTech grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact us.

CONTENT RIGHTS
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Harbor MedTech all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Harbor MedTech, you hereby grant Harbor MedTech a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Harbor MedTech’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in photo Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your photos from the Service. You understand and agree, however, that Harbor MedTech may retain, but not display, distribute, or perform, server copies of your photos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Harbor MedTech all of the license rights granted herein.

Harbor MedTech does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Harbor MedTech expressly disclaims any and all liability in connection with Content. Harbor MedTech does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Harbor MedTech will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Harbor MedTech reserves the right to remove Content without prior notice.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Harbor MedTech, Momento Press Inc., and its subsidiary and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from (i) use or misuse of the Service or any person to whom you have granted access to the Service, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct).

CHANGES IN TERMS AND CONDITIONS
Harbor MedTech may modify our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

DISCLAIMER OF WARRANTIES
THE SERVICE, AS WELL AS ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH Local Photos ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Local Photos EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING THERETO, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Harbor MedTech, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ITS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HARBOR MEDTECH, INC. AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HARBOR MEDTECH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

CHOICE OF LAW AND FORUM
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Harbor MedTech with respect to the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Harbor MedTech with regard to the Service. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.

SINGLE COPY LICENSE
By offering this website, we grant you the permission to view using a browser. This means that you may download one (1) copy of the Materials on a single computer for your personal, non-commercial internal use only. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) de-compile, reverse engineer, or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the Materials; (d) transfer the materials to another person. You agree to prevent any unauthorized copying of the Materials.

YOUR CONSENT
Harbor MedTech may change this Privacy Policy at any time by posting revisions to our website. Your use of the site constitutes acceptance of the provisions of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the site.

By using our service, you are consenting to receive certain communications from us. For example, Harbor MedTech may send you newsletters about new Harbor MedTech features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications from us, simply click on the unsubscribe link at the bottom of our email communications. Please review our Privacy Policy for further detail on our marketing communications.

By using the Harbor MedTech service, you consent to receiving electronic communications from Harbor MedTech. These communications will include notices and information concerning or related to our service. These communications are part of your relationship with Harbor MedTech. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

TRADEMARKS
The marks and any designs associated with any marks on the website are trademarks and/or service marks of Harbor MedTech or its licensors. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of Harbor MedTech, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.

LINKING AND FRAMING
You may link to our home page (at www.harbormedtech.com) provided that any such link does not imply any sponsorship of your site by Harbor MedTech, but if you wish to link to material contained at other levels within the site, please contact us at support@harbormedtech.com for permission to do so. You may not frame or otherwise incorporate into any other website or service any of the Materials without the prior written permission of Harbor MedTech. If you are interested in permission to frame our content or in exploring a partnership arrangement, please contact us.

DISCLAIMER OF WARRANTIES AND LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. HARBOR MEDTECH IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL HARBOR MEDTECH (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEBSITE, EVEN IF HARBOR MEDTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HARBOR MEDTECH DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HARBOR MEDTECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF HARBOR MEDTECH IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

No Unlawful or Prohibited Use As a condition of your use of this site, you warrant to Harbor MedTech that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

TERMINATION
This agreement is effective until terminated by Harbor MedTech, at any time without notice. In the event of termination, you are no longer authorized to access this site and the restrictions imposed on you with respect to the Materials as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

JURISDICTION; MISCELLANEOUS
This site is created and controlled by Harbor MedTech, Inc. The laws of the State of California will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction of any dispute arising out of or related to these Terms and Conditions or your use of the site or the Materials shall be the appropriate state or Federal court in Orange County, California. Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Harbor MedTech to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the Harbor MedTech website, regarding each user’s relationship with Harbor MedTech and supersedes any prior statements or representations.

COMMENTS
Harbor MedTech welcomes your feedback. If you have questions or comments about our policies, feel free to contact us.