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Terms of Use / User Agreement
This agreement ("Agreement") governs your use of the Harrington Benefit
Services, Inc. ("Harrington") web site ("Site").
This Agreement governs your use of both the publicly available portion
("Public Portion"), which does not require any account name or password,
and the private portion ("Private Portion"), which is available only to
registered users who provide an account name and password. In addition,
the Site also contains links to third party sites which provide information
and/or services that might be useful to you. When you follow links to
any third party web site, your use of such web site will be subject to
the terms and conditions posted on that web site.
There are five possible types of users of the Site: (1) Registered Plan
Participants ("Members"), (2) Registered Personnel of Employers, (3) Registered
Personnel of Brokers or Consultants, (4) Registered health care providers
("Providers"), and (5) Non-Registered Users (including general public).
This Agreement covers all types of users; however, certain provisions
may apply to only certain types of users (e.g., the subsections of Section
1).
For the purposes of this Agreement: "you" means, as applicable: an individual
Member; an individual Registered Personnel of an Employer, along with
the employer; an individual Registered Personnel of a Broker or Consultant,
along with the broker or consultant; an individual Registered Personnel
of a health care provider, along with the health care provider or an individual
Non-Registered User.
For the purposes of this Agreement, "Plan" means a group health plan,
as defined under the Employee Retirement Income and Security Act of 1974,
27 U.S.C. 1002(1), including insured and self-insured plans.
BY USING THE SITE AND/OR COMPLETING THE REGISTRATION PROCESS AND CLICKING
THE "I ACCEPT" BUTTON, YOU ARE STATING THAT (i) YOU ARE AN ADULT INDIVIDUAL
(18 YEARS OR OLDER); (ii) YOU HAVE THE LEGAL CAPACITY TO ENTER INTO BINDING
CONTRACTS; (iii) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT; AND, (iv) THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Table of Contents
Section 1 - Types of Users
Section 2 - General Terms of Use
Section 3 - Termination
Section 4 - Privacy and Use of Information
Section 5 - Security
Section 6 - Intellectual Property
Section 7 - Disclaimers
Section 8 - Indemnification
Section 9 - Miscellaneous
Section 1 - Types of Users
Only one of the following subsections applies to you, corresponding
to the type of user you are.
(a) Members
If you are registering for this Site as a Member, you are certifying that:
(i) you are using the access code provided to you by Harrington for your
own use; (ii) you are eligible for a Member account; (iii) you have received
a copy of the summary plan description related to the Plan and all summaries
of material modifications related to the Plan.
This Agreement, and your use of the Site, are provided as services to
you from Harrington, not from the sponsor of the Plan of which you are
a participant. This Agreement and your use of the Site do not modify such
Plan. Your rights under such Plan are not modified or impacted by this
Agreement or your use of the Site. Please refer to your Plan for an understanding
of your rights under such Plan.
(b) Registered Personnel of Employers This Site is made available
to select personnel of certain employers who have entered into an Administrative
Services Agreement with Harrington. The terms of use governing the Site
are set forth in this Agreement, as a supplement to the Administrative
Services Agreement. In the case of any contradictions between this Agreement
and Administrative Services Agreement, the Administrative Services Agreement
shall govern.
If an employer and Harrington have agreed to allow select personnel of
such employer access to the Site, such employer will provide necessary
information to its authorized personnel to allow them to register for
a Registered Personnel of an Employer account and to use the Site, pursuant
to the provisions of Section 2 (d) of this Agreement. If you are registering
for this Site as a Registered Personnel of an Employer, you are certifying
that: (i) you have been authorized by such employer to register for and
use this Site as an authorized personnel of such employer; (ii) you are
using the access code provided to you by the employer or Harrington; and,
(iii) you (individually and such employer) agree to be bound by this Agreement.
(c) Registered Personnel of Brokers or Consultants
Harrington issues access codes to personnel of brokers or consultants
who may be eligible to use the Site as Registered Personnel of Brokers
or Consultants. If you are registering for this Site as a Registered Personnel
of a Broker or a Consultant, you are certifying that: (i) you have been
authorized by such broker or consultant to register for and use this Site
as an agent of such broker or consultant; (ii) you are using the access
code provided to you by Harrington; (iii) you have the authority to enter
into binding contracts on behalf of such broker or consultant; (iv) you
are eligible for a Registered Personnel of a Broker or a Consultant account
and (v) you (individually and such broker or consultant) agree to be bound
by this Agreement.
This Agreement, and your use of the Site, are provided as services to
you from Harrington, not from the sponsor of the Plan to which such broker
or consultant is providing services. This Agreement and your use of the
Site do not modify the contract with the sponsor of the Plan.
(d) Registered Personnel of Health Care Provider
Harrington issues access codes to personnel of health care providers who
may be eligible to use the Site as Registered Personnel of Health Care
Provider. If you are registering for this Site as a Registered Personnel
of Health Care Provider, you are certifying that: (i) you have been authorized
by such health care provider to register and use this Site as an agent
of such health care provider; (ii) you are using the access code provided
to you by Harrington; (iii) you have the authority to enter into binding
contracts on behalf of such health care provider; (iv) you are eligible
for a Registered Personnel of Health Care Provider account and (v) you
(individually and such health care provider) agree to be bound by this
Agreement.
(e) Non-Registered Users
If you do not qualify to use the Site as a Member, a Registered Personnel
of an Employer or a Registered Personnel of a Broker or a Consultant,
or Registered Personnel of Health Care Provider you may nonetheless use
the Public Portion of the Site as a Non-Registered User.
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Section 2 - General Terms of Use
(a) Use of the Site
You understand and agree that the Site is made available to you only pursuant
to this Agreement. Further, you understand that the Private Portion of
the Site is made available only to Members, Registered Personnel of Employers,
Registered Personnel of Brokers or Consultants and Registered Personnel
of Health Care Provider.
(b) No Sharing of Accounts
Each account is a personal account for which only one individual user
may be authorized. Your account may be placed on violation status or terminated
immediately if you are found to be sharing your registered account access
with other individuals.
(c) User IDs, Passwords and Security
If you wish to be a Member, Registered Personnel of an Employer, Registered,
Registered Personnel of a Broker or Consultant, or Registered Personnel
of Health Care Provider then you must complete the registration process
by providing Harrington with current, complete and accurate information
as prompted by the login and registration process. Harrington reserves
the right to decline any application for registration. You must enter
the required information, and you then will need to choose a User ID and
a password.
You are entirely responsible for maintaining the confidentiality of your
User ID and password. Furthermore, you are entirely responsible for any
and all activities that occur on the Site using your User ID and a password,
whether or not authorized by you. You agree to notify Harrington immediately
of any known or suspected unauthorized use of your User ID and password
or any other breach of security by sending an e-mail message to Harrington
customer service at security@Harringtonbenefits.com or by calling (800) 848-4623.
(d) Account Administration by Employers
This section (d) applies only to Registered Personnel of an Employer account:
Each such employer must designate a particular Registered Personnel of
an Employer account to be the Web Primary Contact account.
The Web Primary Contact is responsible for: (i) administering the accounts
of its personnel, including using the Manage User Authorizations utility
on the Site to inform Harrington whenever accounts of its personnel should
be terminated (e.g., in the case where a person is no longer affiliated
with the employer or is otherwise no longer authorized to use the Site
on behalf of the employer), to set access privileges for such accounts,
and to add new personnel as authorized personnel of the employer; (ii)
authorizing (and removing authorizations) for accounts of Registered Personnel
of Brokers or Consultants to access data (including Health Information)
related to such employer's Plan, including setting associated access privileges,
consistent with applicable state and federal privacy laws.
With respect to any activity by any Registered Personnel of Brokers or
Consultants who are authorized by such employer as set forth above, such
employer is responsible for all conduct on such accounts.
(e) Updates to this Agreement
Harrington reserves the right to update or modify this Agreement at any
time without prior notice. Your use of the Site following any such change
constitutes your agreement to follow and be bound by the Agreement as
changed. For this reason, we encourage you to review this Agreement whenever
you use this Site.
(f) Conduct
When using the Site, you agree to abide by all applicable laws and regulations.
You further agree to use the Site solely in accordance with the policies
and procedures posted by Harrington from time to time. In addition, you
agree not to do any of the following while using the Site:
- interfere with or disrupt networks connected to the Site or violate
the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Site, other accounts, computer
systems or networks connected to the Site, through password mining or
any other means;
- interfere with another user's use and enjoyment of the Site;
- transmit any message, information, data, text, software, graphic
files or other materials ("Content") that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, that may be invasive of another's privacy, hateful, racially,
ethnically or otherwise objectionable;
- transmit Content that contains a virus, corrupted files, or other
harmful component;
- impersonate any person or entity, including but not limited to Harrington
personnel, or falsely state or otherwise misrepresent your affiliation
with any person or entity;
- post or transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (including
but not limited to nondisclosure agreements);
- post or transmit any unsolicited advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," contests, surveys, or any other form of
solicitation (commercial or non-commercial);
- intentionally or unintentionally violate or encourage or assist another
to violate any applicable law or regulation in connection with your
use or the other person's use of the Site; or
- upload or transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party.
(g) Participation in Promotions of Advertisers
Any dealings with advertisers on the Site or participation in promotions,
including the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the advertiser
or other third party. Harrington shall not be responsible or liable for
any part of any such dealings or promotions.
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Section 3 - Termination
(a) Termination by Harrington
Harrington reserves the right to terminate this Agreement and any user's
account with or without cause at any time effective immediately. For example,
Harrington, in its sole discretion, may terminate your account for violation
of the letter or spirit of this Agreement, if you have provided Harrington
with false or misleading registration information, or if you have not
used your account for an extended period of time.
For Members: Even if Harrington terminates this Agreement and your use
of the Site, this does not impact your coverage under the Plan of which
you are a participant or your rights under such Plan. Please refer to
your Plan for an understanding of your rights under such Plan. For Registered
Personnel of Employers: Even if Harrington terminates this Agreement and
your use of the Site, this does not impact the employer's Administrative
Services Agreement with Harrington related to the Plan.
(b) Termination by Users
If you wish to terminate this Agreement and your account, provide notice
to Harrington by sending a message to Harrington customer service using
the Contact Us section of the Site.
(c) Post-Termination
Harrington shall have no obligation to maintain any content in your
account. Harrington may, in its sole discretion, continue to provide Members
with access to the Site and Health Information (as defined below) pertaining
to that individual for a limited period of time (e.g., thirty days) following
the termination of Harrington's provision of services to the sponsor of
your Plan. For Registered Personnel of Employers: After the termination
of this Agreement and/or the Administrative Services Agreement, Harrington
has the right to maintain a copy of all data, including Health Information,
related to the Plan and to allow Members to continue accessing such data,
subject to use of such information consistent with applicable state and
federal privacy laws.
(d) Survival
The following Sections shall survive any termination of this Agreement:
1, 2(d), 2(f), 2(g), 3, 4, 6, 7, 8, and 9.
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Section 4 - Privacy and Use of Information
For the purposes of this Agreement, "Health Information" means oral or
recorded information in any form or medium that is created or received
by Harrington or its agent and that relates to a person's past, present
or future physical or mental health or condition, the provision of health
care to a person, or the past, present or future payment for the provision
of health care to a person.
(a) Harrington Privacy Statement for Members
Harrington will not edit, use or disclose Health Information about you
without prior permission from you unless Harrington has a good faith belief
that action is: (1) for purposes of carrying out treatment, payment or
health care operations; (2) for public health or research activities;
(3) requested by legally authorized governmental agencies; (4) required
by an order of a court of competent jurisdiction; or (5) in emergency
situations. You should know that:
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Except in the circumstances described above, Harrington will edit,
use and/or disclose Health Information about you only with the authorization
from you.
- Harrington may change its policies and procedures relating
to Health Information at any time. In the event such changes are
made, they will be posted on this Site.
- The Harrington Site contains links to other third party web
sites. Harrington is not responsible for the privacy practices
or the content of such third party web sites.
- Harrington intends to provide certain user information, including
health care information, in de-identified form to third parties.
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(b) Harrington Privacy Statement for Registered Personnel of Employers
Both Harrington and you may use Health Information only: (i) as permitted
under applicable federal and state law and regulations regarding Health
Information, and (ii) as set forth in the Administrative Services Agreement.
(c) Harrington Privacy Statement for Registered Personnel of Brokers
or Consultants
Both Harrington and you may use Health Information only: (i) as permitted
under applicable federal and state law and regulations regarding Health
Information. Further, you may use Health Information related to a Member
only pursuant to the agreement that you have with the sponsor of the Plan
associated with that Member.
(d) Harrington Privacy Statement for Registered Personnel of Health
Care Providers
Both Harrington and you may use Health Information only: (i) as permitted
under applicable federal and state law and regulations regarding Health
Information.
(e) Harrington Privacy Statement for Non-Registered Users
Non-Registered Users are not required to provide any information about
their identity to Harrington. Therefore, Harrington feels that it is not
appropriate to offer any privacy protection to Non-Registered Users.
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Section 5 - Security
Harrington follows applicable requirements under applicable federal and
state law and regulations regarding security of the Site and Health Information.
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Section 6 - Intellectual Property
(a) General
You acknowledge that the content on this Site (other than Health Information),
including but not limited to text, software, music, sound, photographs,
video, graphics or other material, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Further,
the entire content of this Site is copyrighted as a collective work under
U.S. copyright laws, and Harrington owns a copyright in the selection,
coordination, arrangement and enhancement of the content.
The content of this Site, and the Site as a whole, are intended to be
used by you solely as set forth herein:
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For Members and Non-Registered Users,
only for personal, non-commercial use. You may download, print and
store selected portions of the content, provided that you (A) only
use these copies of the content for your own personal, non-commercial
use, (B) do not copy or post the content on any network computer or
broadcast the content in any media, and (C) do not modify or alter
the content in any way, or delete or change any copyright or trademark
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For Registered Personnel of Employers,
only for the limited commercial purposes set forth herein. You may
download, print and store selected portions of the content, provided
that you (A) only use these copies of the content for the purposes
of and in the manner contemplated by the Administrative Services Agreement,
and (B) do not modify or alter the content in any way, or delete or
change any copyright or trademark notice. |
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For Registered Personnel of Brokers or
Consultants, only for the limited commercial purposes set forth herein.
You may download, print and store selected portions of the content,
provided that you (A) only use these copies of the content for the
purposes of promoting Harrington or Harrington's services, (B) do
not copy or post the content on any network computer or broadcast
the content in any media, and (C) do not modify or alter the content
in any way, or delete or change any copyright or trademark notice.
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| (iv) |
For Registered Personnel
of Health Care Providers, only for the limited commercial purposes
set forth herein. You may download, print and store selected portions
of the content, provided that you (A) do not copy or post the content
on any network computer or broadcast the content in any media, and
(B) do not modify or alter the content in any way, or delete or change
any copyright or trademark notice. |
No right, title or interest in any downloaded materials
is transferred to you as a result of any such downloading. Harrington
(or its third party licensors) reserves complete title and full intellectual
property rights in any content you download from the Site.
Except as noted above, you may not copy, download,
reproduce, modify, publish, distribute, transmit, transfer or create derivative
works from the content without first obtaining written permission from
Harrington.
Trademarks, service marks and logos used and displayed
on this site are registered and unregistered trademarks of Harrington
and others.
(b) Digital Millennium Copyright Act
This Agreement is intended to comply with the Digital Millennium Copyright
Act, including but not limited to 17 USC § 512. Notification of claims
of copyright infringement should be sent to the following Designated Agent:
Service Provider: Harrington Benefit Services, Inc.
Address: 675 Brooksedge Boulevard, Westerville, Ohio 43081
Designated Agent: Jeffrey D. Mills
Address of Agent: 675 Brooksedge Boulevard, Westerville, Ohio 43081
Telephone No.: (614) 470-7000
Facsimile No.: (614) 470-7080
email address: jmills@harringtonbenefits.com
(c) Submissions
Harrington welcomes your comments regarding this Site. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications
(collectively, "Comments") submitted to Harrington shall be and remain
the exclusive property of Harrington. Your submission of any such Comments
shall constitute an assignment to Harrington of all worldwide rights,
titles and interests in all copyrights and other intellectual property
rights in the Comments, and you represent, warrant and covenant that you
have the right to make such an assignment and that such Comments do infringe
any party's rights. Harrington will be entitled to use, reproduce, disclose,
publish and distribute any Comments you submit for any purpose whatsoever,
without restriction and without compensating you in any way. For this
reason, we ask that you not send us any Comments that you do not wish
to assign to us, including any confidential information or any original
creative materials such as stories, product ideas, computer code or original
artwork.
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Section 7 - Disclaimers
(a) Information and Services
The materials provided on this Site are intended as general information
only. Harrington does not provide health services or practice medicine.
Harrington assists medical plan providers and employers in the administration
of claims and plans.
(b) Correction of Errors and Inaccuracies
The information on this Site may contain typographical errors or inaccuracies
and may not be complete or current. We therefore reserve the right to
correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice. We apologize for any inconvenience
this may cause you.
(c) Third Party Sites
The links in this site to provider directories and other sites are provided
for your convenience only. Such third party sites were not created and
are not maintained by Harrington, and Harrington makes no representation
as to such sites or their content. For Members: Before receiving any services
from providers listed in any third party site, you should verify that
the provider is still participating in your network. You may verify participation
by calling the customer service number in your enrollment material or
on your ID card.
(d) Performance
Harrington is not responsible for your computer's malfunctioning or poor
performance while accessing or using the Site, or at any other time.
(e) Site is "AS IS"
You understand and expressly agree that use of the Site is at your
sole risk, that any material and/or data downloaded or otherwise obtained
through the use of the Site is 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.
THIS SITE, AND THE MATERIALS ON THIS SITE, ARE PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE
LAW, HARRINGTON DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. HARRINGTON
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY,
ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, REGARDING ANY
TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THAT THE SITE WILL MEET
ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,
OR OTHERWISE RESPECTING THE MATERIALS ON THIS SITE OR ANY THIRD PARTY
SITES LINKED TO FROM THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HARRINGTON BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY CHANGES
TO THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
HARRINGTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY
AGREE THAT HARRINGTON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER
PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SITE, THE MATERIALS
AVAILABLE ON OR THROUGH THE SITE, OR WITH ANY OF HARRINGTON'S TERMS AND
CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE. NOTWITHSTANDING ANYTHING ELSE, IN NO EVENT SHALL HARRINGTON BE LIABLE
FOR DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS.
(f) Rights Under Law
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. THE WARRANTIES PROVIDED UNDER THIS
AGREEMENT GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.
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Section 8 - Indemnification
You agree to indemnify, defend, and hold harmless Harrington, its parents,
subsidiaries, affiliates, officers, directors, employees, consultants,
and agents from any and all claims, liability, damages and/or costs (including
but not limited to attorney's fees) relating to or arising from your use
(or any other user of your account) of this Site, your violation of the
Agreement, or your infringement, or infringement by any other user of
your account, of any intellectual property or other right of any person
or entity.
For Registered Personnel of Employers only: You agree to indemnify, defend,
and hold harmless Harrington, its parents, subsidiaries, affiliates, officers,
directors, employees, consultants, and agents from any and all claims,
liability, damages and/or costs (including but not limited to attorney's
fees) relating to the provision or non-provision of benefits under the
Plan.
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Section 9 - Miscellaneous
(a) Waiver
Harrington's failure to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Harrington in writing. No waiver
of one provision of the Agreement by Harrington on one occasion shall
constitute a waiver of any provision of the Agreement on any other occasion.
(b) Limitations on Claims
You and Harrington agree that any cause of action arising out of or
related to this Agreement or your use of the Site must commence within
one (1) year after the cause of action arose; otherwise, such cause of
action is permanently barred.
(c) Severability
If any provision(s) of this Agreement is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties with the
other provisions remaining in full force and effect.
(d) Choice of Law, Jurisdiction
This Agreement shall be governed by and construed in accordance with the
laws of the state of Ohio and the United States of America, excluding
their conflict of law provisions.
(e) Entire Agreement
Except as set forth in Section 1(b), this Agreement constitutes the complete
agreement between the parties with respect to the subject matter hereof
and supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter.
Revised: September 15, 2001
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