_Terms

Terms of Use
These terms of use ("Terms") govern your rights and obligations regarding your access to and use of the Harbr website "harbr.com", together with all associated domains owned and/or operated by Harbr Inc., and including any content, documentation, functionality, and services offered thereon (the "Site") owned by Harbr Inc. or our subsidiaries or affiliates (herein referred to as "Harbr", "we" or "us", or "our"). These Terms constitute a fully binding agreement between Harbr and you, the business entity using the Site (herein referred to as "Client", "you" and "your"), so please read them carefully.

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, FOUND AT HARBR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE ACCESS AND USE OF THE SITE.

MODIFICATION
Harbr reserves the right, in its sole discretion, to revise and update these Terms from time to time. The date on which these Terms were last updated will appear at the top of this page, and any and all such modifications are effective immediately upon posting. Your continued use of the Site after any such modifications constitutes your acceptance of, and your agreement to be bound by the new Terms. You should periodically review these Terms so that you are aware of any revision(s) to which you are bound.

THE SITE AND SERVICES
The Site provides credit application aggregation and financial data aggregation services ("Services") designed for financial institutions, lenders, and other business entities. The Services include:

1. Aggregation of credit applications from multiple sources
2. Collection and standardization of financial data
3. Analytics and reporting tools
4. API access to aggregated data

DISCLAIMER OF FINANCIAL ADVICE
THE SERVICES AND ANY INFORMATION PROVIDED THROUGH THE SITE ARE FOR DATA AGGREGATION AND INFORMATIONAL PURPOSES ONLY. HARBR IS NOT A FINANCIAL ADVISOR, INVESTMENT ADVISOR, BROKER, OR BANKING INSTITUTION. WE DO NOT PROVIDE FINANCIAL ADVICE, INVESTMENT ADVICE, OR RECOMMENDATIONS OF ANY KIND. YOU ACKNOWLEDGE AND AGREE THAT:

1. All financial decisions, including but not limited to lending decisions, credit approvals, investment decisions, and risk assessments, are made solely by you;
2. Harbr bears no responsibility or liability for any financial decisions made using data obtained through the Services;
3. The accuracy, completeness, and timeliness of data provided through the Services is not guaranteed;
4. You are solely responsible for verifying any information obtained through the Services before making any financial decisions;
5. You will maintain your own risk assessment procedures and due diligence processes independent of the Services.

AUTHORIZED USERS
Only authorized representatives of businesses that have entered into a Master Services Agreement with Harbr or its affiliates, distributors, resellers, or other joint-venture partners ("Customer Agreement") may access the Services. Each authorized user ("Authorized User") must:

1. Be designated by a business entity that has a valid Customer Agreement in place, whether directly with Harbr or through an authorized distribution channel
2. Be an employee, contractor, or authorized agent of such business entity
3. Be at least 18 years of age
4. Have appropriate authority to access and use the Services on behalf of their organization
5. Have unique access credentials assigned by their organization's account administrator
6. Comply with all security protocols and access procedures specified in the Customer Agreement

The business entity holding the Customer Agreement ("Customer") is responsible for:

1. Managing and maintaining its roster of Authorized Users
2. Ensuring Authorized Users comply with these Terms and the Customer Agreement
3. Promptly deactivating access for any Authorized Users who should no longer have access
4. All activities that occur under their Authorized Users' credentials
5. Notifying Harbr immediately of any unauthorized use or security breaches

Harbr reserves the right to:

1. Audit Customer's Authorized User list
2. Suspend or terminate individual Authorized User access for violations of these Terms
3. Require additional verification or authentication measures
4. Modify access requirements with reasonable notice to Customers

DATA SECURITY AND PRIVACY
You agree to:

1. Maintain appropriate security measures to protect access credentials
2. Notify Harbr immediately of any unauthorized access
3. Comply with all applicable data protection and privacy laws
4. Only use the Services for legitimate business purposes
5. Protect any confidential information obtained through the Services

SERVICE LEVEL COMMITMENTS
Service availability and performance metrics are governed by the Service Level Agreement in your Customer Agreement. Harbr does not guarantee uninterrupted access to the Services.

CONDITIONS OF USE AND SITE CONTENT STANDARDS
As a condition of your access to and use of the Site, you agree that you may use the Site only for lawful purposes and in accordance with these Terms. The following standards and restrictions apply to your conduct and to your use of the Site. Without limiting the foregoing, you agree as follows:

1. You will not copy, reproduce, modify, alter, translate, adapt, reverse engineer, disassemble, decompile, decode, hack, attempt to derive or gain access to the source code of, or create derivative works or improvements of, the Site, or any features or functionality thereof.
2. You will not copy, reproduce, redistribute, record, publish, transfer, publicly display, perform, transmit, stream, broadcast, or make available the Site, or any part thereof, to the public or any third party without obtaining prior written authorization.
3. You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, perform, transmit, stream, broadcast, or make available, the Site, or any features or functionality thereof, to any third party without obtaining prior written authorization.
4. You will not remove, delete, alter, obscure, any copyright, trademark, patent, brand element, or other intellectual property or proprietary rights notices provided on the Site.
5. You will not use the Site for purposes of competitive analysis, the development of competing products or services, copying and/or exploiting ideas, features, or functions of the Site, or any other purpose that is to our disadvantage.
6. You will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.
7. You will not introduce or distribute any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
8. You will not attempt to circumvent and/or violate the security of the Site, or otherwise gain unauthorized access to or impair any aspect of the Site, or its related systems or networks.
9. You will not impersonate, attempt to impersonate, or otherwise misrepresent your affiliation with Harbr, a Harbr employee, another user, or any other person or entity (including, without limitation, by using email addresses, associated with any of the foregoing).
10. You will not transmit, or procure the sending of, any advertisements, promotions, “spam”, “junk mail”, “chain letters”, or any other similar solicitation through the Site.
11. You will not provide or contribute any false, inaccurate, or misleading information.
12. You will not participate in any form of action or conduct, or submit anything to the Site, that:
i. is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground;
ii. interferes or violates any third party’s, or any other User of the Site’s, right to privacy, or other rights, including intellectual property rights;
iii. causes annoyance, inconvenience, or needless anxiety to other users of the Site, or any third party;
iv. is likely to upset, embarrass, or alarm any user of the Site or any third party; or
v. may otherwise have a disruptive, destructive, or negative impact on Harbr, other Users of the Site, or any third party.
13. You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Harbr or users of the Site or expose them to liability.
14. You will not promote or engage in any illegal activity, or advocate, promote, or assist any unlawful act.
15. You will not, in any manner, violate any applicable federal, provincial, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or submit information or content to the Site that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

SITE MONITORING
We have the right, without provision of notice to:

1. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
2. Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.

YOU WAIVE AND HOLD HARMLESS HARBR, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, SERVICE PROVIDERS, REPRESENTATIVES, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, ASSIGNEES, AND SUCCESSORS (COLLECTIVELY, THE “AFFILIATED PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY HARBR AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER HARBR OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other Users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

WE DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT MADE BY ANY USERS OF OUR SITE OR ANY THIRD PARTY CONTENT MADE AVAILABLE ON OUR SITE, AND YOU HEREBY RELEASE HARBR AND THE AFFILIATED PARTIES FROM ANY AND ALL CLAIMS REGARDING SUCH USER CONTENT AND/OR THIRD PARTY CONTENT.

TERMINATION OF ACCESS
Harbr may, in its sole discretion, for any reason or no reason, with or without notice: (i) terminate or suspend your access to the Site; and (ii) remove any information or other content posted by or about you, from the Site. Unless otherwise decided by Harbr, such termination, suspension, and removal will be effective immediately.

THIRD PARTY SITES
The Site may include links to other websites (including other sites that are framed within the Site), applications, or resources provided, operated, or maintained by parties other than Harbr (each, a “Third Party Site”) solely as a convenience to site visitors or Users. We do not control or endorse any Third Party Sites, and we do not accept any responsibility or liability for their content or policies. Your use and access of a Third Party Site is at your own risk, and is subject to the terms of service and privacy policies of such Third Party Site. You should read the terms of service and privacy policies of such Third Party Sites, and make an informed decision whether or not to use these Third Party Sites based upon their practices and your discretion.

INTELLECTUAL PROPERTY RIGHTS
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Harbr, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Our name, “Harbr”, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Harbr or its licensors. You must not use such marks without the prior written permission of Harbr. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

By using the Site, you agree to respect all copyright, trademark and other legal notices, information, and restrictions contained in any of the content that we provide through the Site.

We do not grant you a right or license to reproduce content from the Site, for any reason.

LIMITATION OF LIABILITY
IN ADDITION TO THE GENERAL LIMITATIONS OF LIABILITY, HARBR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR:

1. Financial losses resulting from decisions made using the Services
2. Accuracy of credit application data provided by third parties
3. Completeness of financial data aggregated through the Services
4. Delays in data transmission or updating
5. Business losses resulting from Service interruptions
6. Regulatory compliance issues arising from use of the Services

THE MAXIMUM AGGREGATE LIABILITY OF HARBR FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

DATA RETENTION AND TERMINATION
Upon termination of Services:

1. Harbr will retain data in accordance with applicable laws and regulations
2. Client may request data export within 30 days of termination
3. Harbr may delete Client's data after required retention period
4. Client remains responsible for compliance with data protection laws

DISPUTES AND GOVERNING LAW
These Terms and the Privacy Policy (and all other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada as applicable therein, without giving effect to any common law or statutory principles of choice or conflicts of law. You expressly agree that any action arising out of or relating to your use of the Site shall be filed in a court in the Province of Nova Scotia and that you attorn to the jurisdiction of that court.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF HARBR AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

1. "AS-IS" BASIS. Harbr provides the Site on an "AS IS" and "AS AVAILABLE" basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
2. NO WARRANTIES. HARBR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, HARBR DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, HARBR DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCE WILL HARBR OR THE AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, 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, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SITE, YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY THIRD PARTY SITES, OR ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS.
4. MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS, HARBR’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO $100.
5. SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HARBR AND THE AFFILIATED PARTIES FROM AND AGAINST ANY CLAIMS, DEMANDS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OR MISUSE OF, OR INABILITY TO USE THE SITE; (II) ANY CONTENT THAT YOU PROVIDE; (III) YOUR BREACH OR VIOLATION OF THESE TERMS OR THE PRIVACY POLICY; (IV) YOUR VIOLATION OF THE RIGHTS OF ANOTHER PERSON OR ENTITY; OR (V) YOUR VIOLATION OF ANY APPLICABLE LAW. YOU AGREE THAT YOU WILL COOPERATE AS REASONABLY REQUESTED BY HARBR OR THE AFFILIATED PARTIES, AS APPLICABLE, IN THE DEFENCE OF SUCH CLAIMS. HARBR AND THE AFFILIATED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

GENERAL
1. Entire Agreement. These Terms, together with the Privacy Policy, contain the entire agreement between you and Harbr with respect to their subject matter, and replace and supersede any prior and contemporaneous understandings, agreements, representations, warranties, and undertakings, whether written or oral, with respect to such subject matter.
2. Number & Gender. Wherever appropriate herein, words importing the singular number include the plural and vice versa, words importing any gender include all genders, and words importing persons include all entities.
3. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these shall remain in full force and effect.
4. Survival. All provisions that by their nature survive expiration or termination of these Terms of Service shall so survive.

CONTACT INFORMATION
If you have any questions or need further information with respect to the Site or Services, please contact us at: support@finagg.com

© 2024 Harbr Inc.

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