These terms were last updated on March 6, 2013.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Welcome to www.theharwoodinstitute.org, operated by the Harwood Institute (“Harwood,” “we,” “our” or “us”).  We provide this website and the content and services therein (collectively, the “Site”), to provide users with the opportunity to learn about The Harwood Institute and our mission.

By accessing or using the Site you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use”), our Privacy Policy and other policies available on the Site.  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.  Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.  If you do not agree to these Terms of Use, do not use or access (or continue to use or access) the Site.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

SCOPE OF USE

We invite you to view, use and download a single copy of this Site for your informational, non-commercial use.  Except as otherwise provided on this page, no part of any content on this SITE may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the expressed written permission of HARWOOD.

PROPRIETARY RIGHTS

The Site is owned and operated by Harwood. You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, upload, post, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content on the Site except as permitted pursuant to these Terms of Use. The mark “HARWOOD”  and all associated logos, graphics, images and domain names, are the trade names, trademarks, service marks, logos, and/or domain names of Harwood. All other names and designs may be trademarks of their respective owners.  Unauthorized use of any trademark, service mark, or logo may be a violation of federal and state trademark laws.

Copyright infringement is a violation of federal law and subject to severe civil penalties and sanctions. Copyright infringement can also be a violation of federal criminal law. Thus, every user of the Site must maintain a basic understanding of copyright law.  For more information on U.S. copyright law and the Digital Millennium Copyright Act, consult the Web site of the U.S. Copyright Office at http://lcweb.loc.gov/copyright, which has a number of circulars available that provide information about and guidance on copyright law issues.  See, for example, the Copyright Office’s Circular 1, http://www.loc.gov/copyright/circs/circ1.html, which has simple, concise, explanations and descriptions of what one must do to keep from infringing copyrights of others, as well as protecting one’s own creative works.

PRIVACY POLICY

We require you to read our Privacy Policy http://www.theharwoodinstitute.org/privacy-policy/ which (in addition to these Terms of Use and any other agreement by which you may be bound) sets out how we collect and use any information you submit to Harwood or through the Site.

E-MAIL

E-mail submissions over the Internet may not be secure.  Please consider this fact before e-mailing any personal or confidential information.

LOCATION

We control and operate the Site from within the United States. We make no representation that materials or services on the Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.  The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such use would be contrary to law or regulation or which would subject Urbis or its affiliates to any registration requirement within such jurisdiction or country.

LINKS

The Site may contain links to web sites operated by other parties.  The linked sites are not under the control of Harwood, and Harwood is not responsible for content available on any linked site.  Such links do not imply Harwood’s endorsement of material on any other site and Harwood disclaims all liability with regard to your access to such linked sites.  If you access a third-party site from our site, then you do so at your own risk.

Unless otherwise set forth in a written agreement between you and Harwood, you must adhere to Harwood’s linking policy as follows if you would like to include a link to the Site on your website or otherwise: (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Harwood’s names and trademarks, (ii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Harwood, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking web site, and (iv) we reserve the right to revoke consent to a link at any time and in our sole discretion.

WARRANTY DISCLAIMERS

ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK.

HARWOOD MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

HARWOOD SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF HARWOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS.  TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HARWOOD’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.

INDEMNIFICATION

You shall be fully responsible for any violation of these Terms of Use or of any other agreement between you and Harwood (including, but not limited to, the Privacy Policy, and any other agreement). You agree to defend, indemnify, and hold harmless Harwood from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Harwood in asserting any available defenses.

GOVERNING LAW

These Terms of Use, the Privacy Policy and any other agreement between you and Harwood shall be governed by and construed in accordance with the laws of the State of Maryland, United States of America, excluding its conflicts of law rules.

ARBITRATION

In the event of any dispute arising out of or in connection with your use of the Site, such dispute shall be submitted to arbitration in the State of Maryland, United States of America in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under United States federal law or the laws of the State of Maryland, United States of America or any other state or country to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Terms of Use, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Use and any other agreements you may enter into with Harwood, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning these Terms of Use or any other agreement between you and Harwood, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized herein, and in no event will you be entitled to seek rescission, or injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not use the Site.

SEVERABILITY AND INTEGRATION

These Terms of Use, together with any agreement referred to herein (including the Privacy Policy), constitutes the entire agreement between you and Harwood with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Harwood with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

VIOLATIONS AND ADDITIONAL POLICIES

Harwood reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use set forth in this Site, including the right to block access from a particular Internet address.

© 2013 The Harwood Institute.  All Rights Reserved.