Terms Of Use

Terms and Conditions of Use

Last updated: August 21, 2020

The information offered by Harmoni Towers LLC (“Harmoni”) on the website located at https://www.harmonitowers.com/, and its associated web pages, and the services available on those web pages (collectively, the “site”) and any use of the site is subject to the terms and conditions set forth herein (the “Terms and Conditions”). These Terms and Conditions apply to all users. By entering this site or by transmitting any information to the site, you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use this site. Any use of this site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise this legal information at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of this site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the site to review the Terms and Conditions.

Legal and Privacy Notices

All information contained herein is for informational purposes and should not be construed as investment advice. This site is intended solely to provide information regarding Harmoni and its affiliates. The information provided on this page is not intended to recommend any investment and is not an offer or sale of any security or investment product or investment advice.

There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed or how it may be used. Persons who view or obtain information from this site should inform themselves about and observe any restrictions imposed in the jurisdiction in which the site is accessed.

Disclaimers

While Harmoni uses reasonable efforts to help ensure that all information on this site is correct, accuracy cannot be guaranteed and Harmoni makes no representations or warranties as to the accuracy, reliability or completeness of any information on this site. Any content on this site is subject to change without notice. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. Harmoni further assumes no responsibility for, and makes no warranties that functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. Harmoni shall not be liable for any damages, viruses, or services, repairs or corrections that must be performed on your computer or other property on account of your accessing or using this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Nothing on the site is intended to be, and you should not consider anything on the site to be, investment, accounting, tax, legal, or other professional advice.

Harmoni does not warrant the accuracy, adequacy or completeness of the information and material contained on the site and expressly disclaims liability for errors or omissions in the material and information. Some of the information on the site may contain forward-looking statements. These statements are only predictions based on Harmoni’s current expectations and projections about future events. Because these forward-looking statements involve risks and uncertainties, there are important factors that could cause Harmoni’s actual results, level of activity, performance or achievements to differ materially from the results, level of activity, performance or achievements expressed or implied by the forward-looking statements. Harmoni disclaims any obligation to update any forward-looking statements on the site.

Harmoni is not liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the site or any portion thereof, regardless of whether Harmoni has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.

The names and logos of certain companies included in the site are provided for illustrative purposes only. Inclusion of such companies’ names and logos does not imply affiliation with or endorsement by such firms.

The availability of the products or services described on the site, and the product or service descriptions, may vary from location to location, and Harmoni does not guarantee any particular product or service availability in any particular location.

THE LINKS ON THE SITE MAY LET YOU LEAVE HARMONI’S SITE. UNLESS SPECIFICALLY STATED TO THE CONTRARY, THE LINKED SITES ARE NOT UNDER THE CONTROL OF HARMONI AND HARMONI IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. HARMONI IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. HARMONI IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY HARMONI OF THE SITE. YOUR USE OF ANY LINKED SITE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS OF USE AND PRIVACY POLICIES LOCATED ON SUCH SITE.

Material to be Consulted in its Entirety

All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Privacy Policy

All visitors to this site should refer to our Website Privacy Policy. Visitors that are residents of California should refer to our California Website Privacy Policy supplement, and visitors that are residents of the United Kingdom, the European Union or the European Economic Area should refer to our EU Privacy Notice supplement.

Consent to Be Contacted

By submitting your contact information and request for information regarding Harmoni products and services, you are consenting to be contacted by Harmoni or one of its affiliates or partners by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company to deliver telemarketing messages. You understand that your agreement to be contacted via these methods is not a condition of purchasing any Harmoni products or services. You understand that Harmoni and its affiliates and partners may maintain the information you submitted to us even if you decide not to use Harmoni’s products and services.

In the event you no longer want to receive communications from a Harmoni affiliate or partner, you agree to notify the affiliate or partner directly. You can opt-out of various contact methods by submitting a request via email to: privacy@harmonitowers.com.

Access

Harmoni reserves the right to take any action it deems appropriate, including but not limited to termination or suspension of your access to the site, without notice or liability, for any conduct that Harmoni, in its sole discretion, believes is in violation of these terms and conditions of use or any applicable law or regulation or is harmful to the interests of another user, a third-party provider, or Harmoni. Harmoni makes no representation that the information contained in the site is appropriate or available for use throughout the world. It is forbidden to access the site from territories where applicable legislation provides that the content or use of the site is illegal. You choose to use the site at your own risk and on your own initiative, and it is your responsibility to ensure that you conform to all applicable local laws and regulations.

Restrictions on Use

Without limiting the generality of the foregoing, you acknowledge that Harmoni expressly prohibits and you agree not to: (a) use the site (including by posting any third party content), in a manner that is actually or potentially false, inaccurate, misleading, libelous, defamatory, threatening, harmful, abusive, harassing, discriminatory, hateful, vulgar, sexually-oriented, indecent, obscene, otherwise objectionable, in violation of any third party intellectual property rights (including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others) or privacy rights of any person, or is otherwise unlawful under any applicable law or regulation; (b) misrepresent an affiliation with, or otherwise impersonate, any person or organization; (c) download a file or software or include on the site any content, software, files or links that you know, or have reason to believe, cannot be distributed legally over the site; (d) post, transmit or make “spam,” unsolicited messages or communications, including mail, e-mail, phone calls, texts or faxes, and/or advertise or tele-market any products or services by making unsolicited contact with any user or Harmoni via email, telephone, text, postal mail or any other method of communication; (e) advocate illegal activity or discuss an intent to commit an illegal act; (f) take any action to circumvent or attempt to circumvent the security and access control measures of the site; (g) make any changes, additions and/or deletions to any of the site content without Harmoni’s express written consent; (h) intentionally expose the site or Harmoni to any computer virus, corrupted data, or any other program or code intended to disrupt or disable operation of the site or Harmoni; (i) use any robot, spider or other program or device to retrieve or index any portion of the site; (j) distribute, reproduce, duplicate, copy, transfer, modify, license, sell, trade, or resell any content, unless Harmoni expressly agrees otherwise in writing; (k) use any trademark, service mark, trade name, or logo of any company or organization in conjunction with the site in a manner that is likely or intended to cause confusion about the owner or authorized user of such mark, name, or logo; or (l) engage in any other conduct that (1) restricts, prevents or inhibits anyone’s use or enjoyment of the site, or which, as determined by Harmoni in its sole discretion, may harm Harmoni or users of the site or expose them to liability; (2) interferes with, disrupts, disables, damages, or overburdens the site or associated servers, networks, or software; or (3) damages any Harmoni or third party property, information or software, including, without limitation, Harmoni’s confidential information.

Copyright and Trademark Notice

Harmoni is the copyright owner for everything on the site or has the permission to use the material on the site. No portion of the site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of Harmoni, except as provided herein. The compilation of all content on the site is the exclusive property of Harmoni and is protected by U.S. and international copyright laws. All software used on the site is the property of Harmoni or its software suppliers and is protected by U.S. and international copyright laws.

By entering the site you acknowledge and agree that each name, logo, trademark, or service mark contained on the site is owned or licensed by Harmoni and may not be used by you without the prior written approval of Harmoni. Harmoni will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of Harmoni or used on the site by Harmoni with permission. Your use of any such materials is prohibited unless specifically permitted by Harmoni. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.

Any software you download from the site shall be licensed pursuant to the (1) original agreement under which the applicable software was licensed to you by Harmoni, or (2) terms and conditions made available to you when you download or install the software. Harmoni in its sole discretion may from time to time post a successor version of any applicable Harmoni end user license, which will then automatically replace the previously applicable Harmoni end user license with respect to licenses granted as from the date of posting.

Restricted Use of Site Materials

Harmoni grants you a limited revocable license to access and make use of this site. For your personal use only, you may print copies of the information from this site and you may store information from this site on your own computer. You may not modify this site, or any portion thereof, for any reason. Any unauthorized use terminates the permission or limited license granted by Harmoni. Harmoni reserves all other rights.

Limitations on Liability

By entering the site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the site, use or browsing of the site, or through your downloading of any text or images, from the site.

Indemnification

You agree to defend, indemnify and hold harmless Harmoni and its affiliates, representatives, partners, licensors, suppliers, agents, directors and employees from and against any and all liabilities, claims, losses, damages, costs and expenses, including attorneys’ fees, whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill), that arise out of or in connection with (a) your use in any way of the site, including without limitation in a manner that is not authorized by these terms and conditions of use or applicable law; (b) any transaction related to the use, acquisition or downloading of any third party content; or (c) a breach of these terms and conditions of use, including infringement or violation of any intellectual property or other right of any person or entity in connection with your use of the site.

Applicable Law and Jurisdiction

By visiting this site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Harmoni. You hereby consent to the jurisdiction of the federal and state courts in New York for the purpose of resolving any dispute in connection with your visit to this site. Harmoni may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such court.

Severability

If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.

Entire Agreement

These terms and conditions of use and the privacy policies and notices referenced above constitute the entire agreement between you and Harmoni with respect to the site and its use and, except with respect to Harmoni websites containing additional or different terms of use, supersedes all prior agreements, proposals, communications between you and Harmoni and understandings, whether written or oral.