Terms of Use

Welcome to our website (the “site”), which is owned and operated by Harris Freeman & Co., Inc. (“Harris Freeman”). By using the site, you agree to be bound by these terms and our Privacy Policy. We may, in our sole discretion, modify these terms of service with or without notice to you. Please continue to periodically review these terms when using the site. By continuing to access and use the site after these terms have been modified, you are agreeing to such modifications.

Use of the site

You may view, download, and print contents from the site subject to the following conditions: (a) the content may be used solely for informational purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.

You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any of our brands without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Submitted content

You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.

By submitting information, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.

You agree to defend, indemnify, and hold harmless Harris Freeman, employees, attorneys, and agents against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that result from content you supply.

Our proprietary rights

You acknowledge and agree that the site and any necessary software used in connection with the site contain proprietary and/or confidential information, content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the site. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the site or any content contained thereon, in whole or in part. In addition, you may not copy, reproduce, republish, upload, post, transmit or distribute materials from the site in any way or manner without our prior written permission.

The marks used on our site and indicated as registered marks are registered trademarks of Harris Freeman or its affiliates in the United States and/or other countries. Other marks, graphics, logos, page headers, button icons, scripts noted on the site are Harris Freeman service marks, trademarks and trade dress and are the sole and exclusive property of Harris Freeman. Such service marks and trademarks may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits the mark or its owner or in connection with any service or product that is not sponsored, endorsed or produced by Harris Freeman. All other trademarks not owned by Harris Freeman or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Harris Freeman.

Our Other Policies

Please review our Privacy Policy to learn more about our privacy practices and how you can exercise your privacy rights.

Third-party websites

The site may provide hyperlinks to third-party websites or access to third party content. We do not control, endorse, or guarantee content found in such sites. You agree that we are not responsible for any content, associated links, resources, or services associated with a third-party site. You further agree that we shall not be liable for any loss or damage of any sort associated with your use of third-party content. Links and access to these sites are provided for your convenience only.

Disclaimer of warranties and limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL CONTENT, SERVICES, AND PRODUCTS PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY ON THE SITE FOR YOUR INTENDED USE. HARRIS FREEMAN DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCE SHALL HARRIS FREEMAN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Dispute Resolution

 

Binding Arbitration

The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to these terms of service or the site, including, without limitation, any dispute with respect to this arbitration provision, any claim in tort, or any claim for violation of any federal, state or local statute, or ordinance or regulation (each a “dispute”), shall be through confidential binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. The arbitration shall be governed by the laws of the State of Delaware. The fees of the arbitrator, administrative fees, and the other fees and costs of the arbitration, including, but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the parties to the arbitration in equal portions, and, in addition thereto, each such party shall advance the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.

Waiver of Class Arbitration

To the fullest extent permissible under applicable law, all Disputes shall be resolved by confidential binding arbitration on an individual basis. You expressly agree that no other disputes shall be consolidated or joined with your dispute, whether through class arbitration proceedings or otherwise (“Class Arbitration”). You further acknowledge and agree that any arbitrator assigned to a dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual disputes. By using the Site, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any dispute subject to arbitration under these terms of service, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.

If you have any questions regarding these Terms of Service, please contact Harris Freeman at info@harrisfreeman.com.