Legal
July 20th, 2009
Introduction
This website is owned by the Harrington Institute (“we”). We reserve the right to make changes and corrections to our website and our Privacy Policy and Terms of Use at any time, without notice. By using or accessing our website you and the Harrington Institute agree to these terms. If you do not agree, please discontinue your access or use of our website.
Registered Users
Access to portions of our website is restricted to registered users, who are individuals authorized to access the website through a registration agreement with the Harrington Institute. Such authorization may be revoked by notice from the Harrington Institute. Under no circumstances are any other persons authorized to enter the restricted areas of the website, and any sharing of passwords is strictly prohibited. The Harrington Institute is under no obligation to grant any person access to the restricted areas of our website.
No Endorsement
Unless stated otherwise, 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 the Harrington Institute. Some links within the Harrington Institute web site may lead to other sites. The Harrington Institute web site does not incorporate any materials appearing in such linked sites by reference, and the Harrington Institute does not sponsor, endorse or otherwise approve of such linked materials.
Use Restrictions; Copyright
You may electronically copy and print hard-copy excerpts of our website (and materials here) only for non-commercial personal use or non-commercial use within the organization that employs you, provided that the materials are not modified and all copyright or proprietary notices are retained. Any other use of the materials in our website without the prior written permission of the Harrington Institute is strictly prohibited. Unless separately and specifically authorized in writing by the Harrington Institute, you may not rent, sublicense, distribute, transfer, copy, publicly display, publish, modify, reverse engineer, or create derivative works from, our website, any part thereof, or any of the information received or accessed from our website to or through any other person or entity.
Trademarks
“The Harrington Institute”, the Harrington Institute logo, and the other names, marks, products and services described in our website are either trademarks, trade names or service marks of the Harrington Institute and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of the Harrington Institute. In addition, page headers, custom graphics, button icons, and scripts that are service marks, trademarks, and/or trade dress of the Harrington Institute may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Harrington Institute.
Disclaimer
OUR WEBSITE AND THE MATERIALS ON OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. The Harrington Institute DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The Harrington Institute DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. The Harrington Institute DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Lawful Purposes Only
You agree to use our website for lawful purposes only. You agree not to take any action that (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (3) is used to unlawfully collude against another person in restraint of trade and competition, (4) interferes or is intended to interfere with the normal operation of our website, including through the use of any software, device or routine, or (5) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of our website or the information contained therein.
Submission
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to the Harrington Institute, or postings at our website, are non-confidential and (to the extent of your ownership interests therein) shall become the sole property of the Harrington Institute. The Harrington Institute shall own exclusive rights and, except as limited by applicable law or the Privacy Policy contained on our website, shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Limitations of Liability; Indemnity
NO EVENT SHALL the Harrington Institute BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, OUR WEBSITE.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within such state, without resort to its conflict of law provisions. By accessing our website, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and by all applicable laws and regulations, including U.S. Export control laws and regulations. Visitors who do not agree with these Terms of Use should not access our website. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the State of California located in State or Federal Court and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
Termination
Notwithstanding any of these Terms of Use, the Harrington Institute reserves the right, without notice and in its sole discretion, to terminate your use of our website, and to block or prevent future access to and use of our website.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Miscellaneous
These Terms of Use apply exclusively to your access to, and use of, our website and do not alter in any way the terms or conditions of any other agreement you may have with The Harrington Institute for products, services or otherwise. The Harrington Institute reserves the right to change any and all content contained on our website at any time without notice.