Harps Products

1. Acceptance of Terms.

a. By using this Web site in any way, including using, transmitting, downloading or uploading any of the services or functionality (“Services”) or Materials made available or enabled via the Site by Harps Products or users of the Site, or merely browsing the Site, you agree to these General Terms and the Harps Products Online Privacy Notice, which is incorporated herein by reference. “Materials” includes any information, data, documents, images, photographs, graphics, audio, videos, or webcasts, and products, in each case made available or enabled by Harps Products or users of the Site.

b. You may not use the Services, or accept the General Terms, if you are not of legal age to form a binding contract with Harps Products, or you are prohibited by law from receiving or using the Services.

c. Harps Products may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, Harps Products will make a new copy of the General Terms available at the Site, with any new Additional Terms made available to you from within or through the affected Service. Harps Products may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of the Site or any affected Service constitutes your acceptance of the changes. Your use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site, or within or through the affected Service, at the time of such use. Please regularly check the Site to view the then-current Terms.

d. Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.

2. Use of Site, Services and Materials.

a. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site.

b. Unless expressly agreed to by Harps Products in writing elsewhere, Harps Products has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Site or via the Services (“Your Content”). Harps Products has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Harps Products retains the right to create reasonable limits on Harps Products use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Harps Products in its sole discretion.

c. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Harps Products immediately. You may not use another person’s Account Information. Harps Products may require that you change your Account Information or certain parts of your Account Information at any time for any reason.

d. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).

e. You agree not to access or attempt to access the Services by any means other than the interface provided by Harps Products.

3. Ownership.

a. The Site, Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, Harps Products and its suppliers do not grant any express or implied rights to use the Site, Services and Materials.

b. The trademarks, logos and service marks displayed on the Site (the “Marks”) are the property of Harps Products or third parties. You are not permitted to use the Marks without the prior consent of Harps Products or the third party that may own the Marks. Harps Products and the Harps Products logo are trademarks of Harps Products. For a current list of Harps Products Marks, as well as certain third party Marks, please refer to the posted Trademark Information.

4. Use of Software.

Any Software that is made available via the Site is Public Domain, Open Source or freely distributed Manufacturer software. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software if included in the download package, or by the license agreement expressly stated on the Site page(s) accompanying the Software. Other license terms may only be posted with the Software downloads or at the Site page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software.

5. Use of Harps Products Materials, User Content and Shared Group Content.

a. Except as indicated to the contrary in any applicable Additional Terms, Harps Products hereby grants you a license to view, download and print Materials provided by Harps Products (“Harps Products Materials”) and any Materials provided by Users (“User Content”), except for Shared Group Content, subject to the following conditions:

1. You may access and use the Harps Products Materials and User Content solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
2. You may not modify or alter the Harps Products Materials or User Content without express written consent;
3. You may not distribute or sell, rent, lease, license or otherwise make the Harps Products Materials or the User Content available to others; and
4. You may not remove any text, copyright or other proprietary notices contained in the Harps Products Materials or User Content.

b. Harps Products reserves the right to revoke the authorization to view, download and print the Harps Products Materials and User Content at any time.

c. Software is subject to the additional provisions governing Software set forth herein.

d. The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Harps Products. In addition, various sections of the Sites may showcase the work of creative professionals. Such Materials (whether Harps Products Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

6. User Conduct.

a. You agree that you, not Harps Products, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available on the Site or via the Services (“Make Available”), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.

b. You represent and warrant that:

1. you own the Intellectual Property Rights, or have obtained all necessary license(s) from the owners of the Intellectual Property Rights, to use Your Content in keeping with your use in connection with the Site, the Services or as otherwise permitted by the Terms;
2. you have the rights necessary to grant the license and sublicenses described in the Terms; and
3. you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content.

c. You acknowledge and agree that by accessing or using the Site, Services or Materials, you may be exposed to Materials from others that may be considered offensive, indecent or otherwise objectionable.

d. You agree not to use, or to encourage or permit others to use, the Site or Services to:

1. Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Stalk, intimidate and/or harass another;
3. Incite others to commit violence;
4. Harm minors in any way;
5. Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
6. Make Available any Material that infringes any Intellectual Property Right of any party;
7. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
9. Use the Site, Services or Materials such that it will mislead a User into believing that they are interacting directly with Harps Products or any Service;
10. Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
11. Use any Harps Products domain name as a pseudonymous return email address;
12. Make Available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
13. Access or use the Site or Services in any manner that could damage, disable, overburden or impair any Harps Products server or the networks connected to any Harps Products server;
14. Interfere with or disrupt the Site or Services or violate any applicable Laws related to the access to or use of the Site or Services, violate any requirements, procedures, policies or regulations of networks connected to the Site or Services, or engage in any activity prohibited by the Terms;
15. Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites;
16. Disrupt, interfere with, or inhibit any other User from using and enjoying the Site, Services or Materials, or other affiliated or linked sites, Services nor Materials;
17. Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Site or Services;
18. Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Harps Products;
19. Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Site, the Services or any Materials, use of any Service or Materials, or access to any Service or Materials; or
20. Use any data mining, robots, or similar data gathering and extraction methods in connection with the Site, Services or Materials.

7. Use of Your Content.

a. Harps Products does not claim ownership of Your Content. However, except as provided in Section 8(b), you grant Harps Products a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content (in whole or in part) and to incorporate Your Content into other Materials or works in any format or medium now known or later developed.

b. The terms of Section 7(a) shall not apply to Your Content:

• When Your Content is Made Available through Services that are intended for private communication or which allow you to limit public access to Your Content and you do in fact limit public access.

In the case of Your Content covered by Section 7(b), you grant Harps Products only those rights set forth in such Additional Terms.

In the case of Your Content covered by Section 7(b), you grant Harps Products a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate Your Content solely for the purpose of enabling your use of the Service. You may revoke this license and terminate Harps Products rights at any time by requesting the removal of Your Content from the Service.

8. Feedback.

By submitting ideas, suggestions, documents and/or proposals (“Feedback”) to Harps Products through its suggestion, feedback or similar web pages, you acknowledge and agree that:

1. your Feedback does not contain the confidential or proprietary information of your or of third parties;
2. Harps Products is not under any obligation of confidentiality, express or implied, with respect to the Feedback;
3. Harps Products, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide;
4. Harps Products may have something similar to the Feedback already under consideration or in development;
5. the Feedback automatically becomes Harps Products property without any obligation to you; and
6. you are not entitled to any compensation or reimbursement of any kind from Harps Products for the Feedback under any circumstances.

9. Right to Derive Revenue/Advertisements.

Except for Your Content subject to Section 7(b) above, you agree that Harps Products may derive revenue and/or other remuneration from Your Content that you Make Available via the Services without payment to you. For example, Harps Products may display Harps Products and/or third party paid advertisements and/or other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models pursued by Harps Products on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you.

10. Links to Third Party Sites.

The Site, Services and Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by Harps Products to you as a convenience and the inclusion of the links does not imply any endorsement by Harps Products of any Linked Site. Harps Products has no control of the Linked Sites and you agree that Harps Products is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.

11. Modifications to Site, Services and Materials.

Harps Products may at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services, or Materials, or any portion thereof, with or without notice. You agree that Harps Products shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, Services, or Materials.

12. Termination.

a. The Terms will continue to apply until terminated by either you or Harps Products as set forth below.

b. If you want to terminate your agreement with Harps Products, you may do so by (i) notifying Harps Products at any time and (ii) closing you r accounts for all of the Services or Materials that you use, where Harps Products has made this option available to you. Your notice should be sent, in writing, to Harps Products.

c. Harps Products may at any time terminate its agreement with you if:

1. You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
2. Harps Products is required to do so by Law (for example, where the provision of the Site, Services or Materials to you is, or becomes, unlawful);
3. The provision of the Services to you by Harps Products is, in Harps Products opinion, no longer commercially viable;
4. Harps Products has elected to discontinue the Site, Services or Materials (or any part thereof); or
5. There has been an extended period of inactivity in your account.

d. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include:

1. removal of access to all offerings within the Services;
2. deletion of Your Content and Account Information, including your personal information, log-in ID and password, and all related information, files and Materials associated with or inside your account (or any part thereof); and
3. barring of further use of the Services.

e. You agree that all terminations for cause shall be made in Harps Products sole discretion and that Harps Products shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Site, Services and Materials, including Your Content.

f. Upon expiration or termination of the Terms, you shall promptly discontinue use of the Site, Services and Materials. However, Sections 3, 12, 13, 15, 17 and will survive any termination or expiration of the Terms.

13. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY HARPS PRODUCTS “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HARPS PRODUCTS MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HARPS PRODUCTS OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

b. HARPS PRODUCTS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. HARPS PRODUCTS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR ANY OF THE SERVICES.

c. HARPS PRODUCTS DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. HARPS PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

d. MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED HARPS PRODUCTS SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF HARPS PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARPS PRODUCTS WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. HARPS PRODUCTS ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

e. HARPS PRODUCTS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. International Users.

a. This Site can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Harps Products intends to announce such Services or Materials in your country.

15. Limitation of Liability.

a. IN NO EVENT SHALL HARPS PRODUCTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF HARPS PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE HARPS PRODUCTS LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF HARPS PRODUCTS OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.

b. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

16. Notification of Copyright Infringement.

a. Harps Products respects the Intellectual Property Rights of others and expects its users to do the same. Harps Products will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.

b. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Harps Products Site, on sites linked to or from this Site, or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification via email of claimed copyright infringement to Harps Products, which must contain all of the following elements:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. A description of where the content that you claim is infringing is located on the Harps Products Site;
4. Information sufficient to permit Harps Products to contact you, such as your physical address, telephone number or e-mail address;
5. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney before you file your notice or consult publicly available reference materials such as those found Here.

c. If you believe access to your content was disabled or removed by Harps Products as a result of an improper copyright infringement notice written notification via e-mail to Harps Products, which must contain all of the following elements:

1. A physical or electronic signature of the subscriber;
2. Identification of the material that was removed from the Harps Products Site and the location of the Harps Products Site on which the material appeared before it was removed;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. Information sufficient to permit Harps Products to contact you, such as your physical address, telephone number or e-mail address.

Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney or consult publicly available reference materials such as those found Here.

17. Indemnity and Liability.

You agree to indemnify and hold Harps Products and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, your use of the Site, Services or Materials, your connection to the Site, Services or Materials, the actions of any member of your Group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Site, Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.

18. General.

a. Any notice provided to Harps Products pursuant to the Terms should be emailed to Harps Products.

b. It is the express wish of the parties that the Terms, any Additional Terms and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

c. Harps Products may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on the Site or within the Services, or other reasonable means now known or hereafter developed.

d. The Terms constitute the entire agreement between Harps Products and you with respect to your access to or use of the Site, Services and Materials and supersede any prior agreements between you and Harps Products on such subject matter.

e. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Harps Products written consent.

f. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

g. Any failure by Harps Products to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

h. Please report any violations of the Terms via the report abuse mechanism offered in conjunction with the specific Service in which the alleged violation occurs.