MyHarbors, LLC is a U.S. company and subject only to U.S. laws and jurisdiction, so for the moment these Terms of Service (and any other terms, policies, or guidelines that we provide to you) are only available in English. Please read this carefully before using our site, services, or products. This is a contract between you and MyHarbors. Also see the Special Terms for Users of Apple Products Section 23 below if you are using Apple devices and products to run the MyHarbors mobile app.
NOTE: MyHarbors is for boaters and boating content only. No politics, violence, abuse, scams, religion, spam, profanity, fraud, deception, illegality, threats, hate, vulgarity, harassment, extortion, obscenity or discrimination allowed. See Terms of Service for details.
1. Accepting the Terms of Service
Please read these Terms of Service and our Policies (collectively, the “Agreement”) carefully before using myharbors.com (the “Site”) and/or the other domains, websites, products, mobile applications (“Licensed Application”), services, and/or Content provided by MyHarbors, LLC. (all of those collectively with the Site and Licensed Application, the “Services”). MyHarbors, LLC., a Delaware Limited Liability Corporation, is collectively with its agents, representatives, consultants, employees, officers, and directors, referred to as “MyHarbors,” “we,” or “us”.
By using or accessing the Services, you (“Member” or “you” or “End-User) agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn’t, and aren’t permitted to, use the Services.
These Terms of Service represent the End-User License Agreement (EULA) between you as a Member, and MyHarbors.
2. Modifications to this Agreement
MyHarbors reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally through the Services via a notification. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to continue to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective seven days after we have posted the modified Agreement and provided you notification of the modifications.
Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
3. Use of the Services
Eligibility: No individual under the age of eighteen (18) may use the Services, provide any personal information to MyHarbors, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with MyHarbors and are not legally prohibited from using the Services.
MyHarbors is an ever-evolving platform. The Services change frequently, and their form and functionality may change without prior notice to you. MyHarbors retains the right to create limits related to use of the Services in its sole discretion at any time with or without notice, including moving free Services to paid Services and vice versa. MyHarbors may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. MyHarbors may change, suspend, or discontinue any or all of the Services at any time, including the availability of any or all product, feature, database, or Content (as defined below). MyHarbors may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of MyHarbors and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MyHarbors (and only pursuant to those terms and conditions) or unless permitted by MyHarbors robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Member, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
4. Registration, MyHarbors URLs, and Security
As a condition to using certain of the Services, you will be required to create an account (an “Account”) and select a password and MyHarbors username, which will allow access to your MyHarbors Account and the MyHarbors Community. You agree to provide MyHarbors with accurate, complete, and updated registration information, particularly your valid email address (which is used for verification and must be kept up to date).
6. Content & Member Content Rights
For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, documents, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, imported, or otherwise made accessible on or through the Services; (2) the term “Member Content” means such Content that a Member submits, transfers, imports, creates or otherwise provides to the Services. Content includes, without limitation, all Member Content.
Your Rights in Member Content:
Members retain ownership and/or other applicable rights in Member Content, and MyHarbors and/or third parties retain ownership and/or other applicable rights in all Content other than Member Content.
When you provide Member Content to MyHarbors through the Services, you grant MyHarbors a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Member Content. The rights you grant in this license are for the limited purposes of allowing MyHarbors to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to “creating derivative works” is not intended to give MyHarbors a right to make substantive editorial changes or derivations, but does, for example, enable reblogging, which allows MyHarbors Members to redistribute Member Content from one MyHarbors activity, group, review, listing, forum, etc. to another in a manner that allows them to add their own text or other Content before or after your Member Content.
You also agree that this license includes the right for MyHarbors to make all publicly-posted Content available to third parties selected by MyHarbors, so that those third parties can syndicate and/or analyze such Content on other media and services (e.g. search engines, ad servers). Further, you agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Member Content you transfer to us (see MyHarbors Copyright policies) .
Content License to You:
As a Member of the Services, MyHarbors grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, and redistribute Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below).
You also agree that you won’t violate MyHarbors’ Member Policies.
7. Membership & Content Policies
MyHarbors is a global platform to help improve the access to boating by connecting boaters with each other and with associated people, services and businesses in the industry.
MyHarbors goal is to help members have better boating experiences. MyHarbors is expressly for boating topics, content, product, services and business. Other content such as politics, government, lobbying, other industries or general social networking is not allowed.
MyHarbors encourages boating-related content, speech and association. At the same time, we prohibit content and behavior that can jeopardize our users, threaten our infrastructure, and damage our community. We also prohibit content that violates copyright laws.
These prohibitions apply to Members and also to Groups, Forums, Discussions or organizations formed and managed within MyHarbors and also within listings, content (documents, text, photos, videos) posts and other Member-provided content. MyHarbors includes features for Members to report inappropriate content and enable MyHarbors to ban specific content and users.
Members agree and understand that It is in MyHarbors sole discretion to assess and remove Member content or behavior that is violating Membership Content and Policies.
No discrimination — It is unacceptable to refuse to provide or accept services or group memberships based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. This type of behavior can result in permanent loss of access to the MyHarbors platform.
No inappropriate behavior — Members expect each other to act appropriately and respect boundaries both online and at any in-person activities, groups and events organized through MyHarbors. It is disrespectful to make derogatory remarks about a person or group. Furthermore, commenting on appearance or skills, asking overly personal questions and making unwanted physical contact at any activities and events are all considered inappropriate behaviors. Anyone who solicits or engages in sexual conduct while using the MyHarbors platform will lose access to MyHarbors. We encourage you to be mindful of other users’ privacy and personal space. Violence of any kind will not be tolerated.
No Malicious Speech. Members must not encourage violence or hatred on the basis of things like race, ethnic or national origin, religion, disability, gender, age, veteran status, or sexual orientation. We encourage you to avoid negative speech and we will remove anything that is overtly malicious. Don’t post content that actively promotes or glorifies self-harm. Don’t post or solicit anything relating to minors or that is sexually suggestive or violent. Report in appropriate and malicious speech to us.
No Uploading Sexually Explicit Photos, Documents or Video. You can upload or link boating-related content, documents, photos and videos in a MyHarbors post or library as long as it’s lawful and follows our other guidelines. Do not use MyHarbors to upload or share sexually explicit photos and video. We’re not in the business of hosting adult-oriented content, even if boating-related.
No Deceptive or Fraudulent Links. Do not post deceptive or fraudulent links in your posts. This includes giving links misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads. Make sure you always give proper attribution and include full links back to original sources.
No Mass Registration or Automation. Don’t register accounts or post content automatically, systematically, or programmatically unless specifically provided for by MyHarbors.
No Copyright or Trademark Infringement. Respect the copyrights and trademarks of others. If you aren’t allowed to use someone else’s copyrighted or trademarked work (either by license or by legal exceptions and limitations such as fair use), don’t post it. We respond to notices of alleged copyright infringement as per our Terms of Service and the Digital Millennium Copyright Act; please see our DMCA notification section below to file a copyright claim. Parties asserting a trademark infringement claim should identify the allegedly infringing work and the legal basis for their claim, and include the registration and/or application number(s) pertaining to their trademark. NOTE: MyHarbors assumes NO LIABILITY for copyright or trademark infringements of content posted by Members on our Services. We will remove infringing content as soon as practicable after proper notification.
No Confusion or Impersonation. Do not do things that would cause confusion between you, your listing, or groups and another person, organization or company, like setting deliberately confusing names. Don’t impersonate anyone.
No Privacy Violations. Don’t use MyHarbors to deceptively obtain personal information. Don’t post content that violates anyone’s privacy, especially personally identifying or confidential information like phone numbers, credit card numbers, social security numbers, private photos, or unlisted contact information. Don’t attempt to harass or communicate with someone who has asked you to stop or has reported you or your content. Report all privacy violations to MyHarbors.
No Disruptions, Exploits, or Resource Abuse. Don’t attempt unauthorized use, disruption, abuse or exploitation of myharbors.com or our servers, apps, and services.
No Unlawful Uses or Content. MyHarbors prohibits illegal behavior, including fraud, phishing, theft, crime or illegally inciting violence.
By posting content on MyHarbors, you agree to abide by these guidelines and other MyHarbors policies. We reserve the right to at any time remove content, in whole or part, and to ban members that violate these guidelines or the MyHarbors Privacy and Terms of Service or for any other reason at our sole discretion.
In the event of repeated or severe violations, we will suspend or permanently deactivate the account(s) in question. MyHarbors’ determination on whether any specific content is prohibited will be final and conclusive. You can contact us or use included features to report content that violates our Terms of Service or Privacy agreements..
Listings and Forums: We expect Members to create listing, group, forum, and profile content that is honest, clear, and helpful to other Members. We prohibit:
• Advertising or other commercial content without permission.
• Content that endorses or promotes illegal or harmful activity or violence, or is profane, vulgar, obscene, defamatory, threatening, or discriminatory.
• Political, religious, or social commentary.
• Attempts to impersonate another person.
• Content that is fraudulent, false, misleading or deceptive.
Content that refers to a MyHarbors investigation.
Content that violates another person or entity’s rights, including intellectual property rights and privacy rights.
Reviews and Ratings: Genuine reviews and ratings are the cornerstone of our community. We prohibit:
• Reviews that do not represent users’ personal experience. Schemes to drive up non-genuine Follows, Likes, Reblogs, etc.
• Reviews unrelated to the actual listing, group, media, forum, topics, etc. (ex: political, religious, or social commentary).
• Content that endorses or promotes illegal or harmful activity or violence, or is profane, vulgar, obscene, defamatory, threatening, or discriminatory.
• Content that violates another person or entity’s rights, including intellectual property rights and privacy rights (ex: publishing another person’s profile or other identifying information not consistent with their established settings and without permission).
Content that is proven to be used as extortion.
Content that refers to a MyHarbors investigation.
Groups: MyHarbors groups are a way for people locally and around the world to connect and build community. When you create a group, you are responsible for determining its membership (e.g. public/private, ongoing membership lists, etc.). You, the creator and admin of the group, may invite, accept or remove Members at your discretion within the bounds of MyHarbors policies stated above (e.g. no discrimination). In public groups where authorized, other Members may also invite new Members. It’s up to you, the Group Administrator, to establish who is a target member for your group and to manage this membership to meet your goals and within our policies. MyHarbors has no responsibility for this.
In addition to above policies, for groups we prohibit:
• Advertising or other commercial content unrelated to the group and outside of group membership (ex: advertising for your business) without permission.
• Discussions or posts unrelated to MyHarbors boating community building (e.g. Groups devoted to politics or property management).
• Content that endorses or promotes illegal or harmful activity or violence, or is profane, vulgar, obscene, defamatory, threatening, or discriminatory.
Political, religious, or social commentary.
Groups that are discriminatory as defined by Membership Policies.
• Attempts to impersonate another person, group or business.
Content that refers to a MyHarbors investigation.
Content that violates another person or entity’s rights, including intellectual property rights and privacy rights.
8. Third Party Data
Some of the MyHarbors Services may rely on third party data from external sources. These may include the US National Weather Service, the US National Oceanic andAtmospheric Administration, Google, other international sources of weather, maps, and other data. MyHarbors provides this for reference and convenience only.
This data and any MyHarbors content should be used with caution and checked by the Member against other sources of data, especially when considering boating activities and marine navigation. MyHarbors makes no representations as to the accuracy of this information. USE THIS DATA AT YOUR OWN RISK.
9. Termination and Deletion
On termination of your Account, or upon your deletion of particular pieces of Member Content from the Services, MyHarbors shall make reasonable efforts to make such Member Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Member Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Member Content may not be entirely removed (due to the nature of reblogging, for example).
10. Use of Trademarks
Any use of MyHarbors’ trademarks, service marks, branding, logos, and other such assets in connection with the Services shall require written approval from MyHarbors, use MyHarbors’ approved branding and shall be in accordance with the MyHarbors Trademark Guidelines.
11. Paid Services
Some of the Services require payment of fees (the “Paid Services,” including without limitation Professional Memberships and the Store). All fees are stated in United States dollars except as noted in applicable app stores. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services include limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your non-exclusive acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange unpaid or Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
MyHarbors may, in its sole discretion, at any time, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Generally purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at MyHarbors’ sole discretion and in accordance with the rules governing each Paid Service or App Store terms (e.g. Apple Store or Google Play policies). Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services.
MyHarbors may change its prices for Paid Services at any time. To the extent applicable, MyHarbors may provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
12. Special Provisions for Promotions
Some features of the Services may occasionally allow you to promote MyHarbors or your own offerings to other Members, and some of these features may be Paid Services (“Promotions”).
The following additional terms apply to Promotions:
MyHarbors may remove or disable any Promotion for any reason in its sole discretion.
Unless otherwise specified, MyHarbors does not guarantee any activity that Promotions may receive, including but not limited to clicks, Likes, and Reblogs.
MyHarbors cannot control how Members interact with Promotions and is not responsible for “click fraud” or other fraudulent actions by third parties, including, without limitation, Members.
MyHarbors doesn’t guarantee that its reporting related to Promotions will be accurate or complete, nor does it guarantee that Promotions will behave in a particular manner, and MyHarbors shall not be liable to you or responsible for any erroneous reporting about or errant behavior of or related to Promotions (e.g., any errors in how Likes or clicks are counted).
Promotions may allow targeting to some Member characteristics. MyHarbors does not guarantee that any particular Promotion will reach a particular sort of individual in all cases.
You can cancel certain Promotions at any time depending on their functionality, but you are responsible for paying for Promotions at least to the extent they have already been used or distributed through the Services.
By submitting a Promotion, you license MyHarbors to run that Promotion for as long as you have specified, which, depending on the Promotion, may be perpetually. This license ends when the Promotion has been completed or cancelled, but it may take up to forty eight (48) hours for a Promotion to stop being reflected on the Services.
13. Responsible Disclosure Policy
MyHarbors s committed to protecting our community. If you’re a security expert or researcher and you believe you’ve discovered a security-related issue with Myharbors’ online systems including myharbors.com website or our IOS and Android apps, we appreciate your help in disclosing the issue to us responsibly.
We ask the security research community to give us an opportunity to correct a vulnerability before publicly disclosing it. Please submit a bug directly to us with a detailed description of the issue, your assessment of the severity, and the steps you believe may be required to reproduce what you have observed. Please make a good faith effort to protect our users’ privacy and data. We are committed to addressing security issues responsibly and in a timely manner.
If you are a Member of MyMarbors and you’re having issues related to your individual account or passwords, or for all other concerns, please visit our Help Center to ask for assistance.
For vulnerabilities reported to us in compliance with this disclosure policy, MyHarbors commits to validate, respond to, and fix vulnerabilities in a timely fashion. MyHarbors reserves all of its legal rights in the event of noncompliance.
Please include the following in security submissions:
Your email address
Your full name
Summary of issue
Steps to reproduce the issue
Thank you for helping us keep MyHarbors secure.
14. Warranty Disclaimer; Services Available on an “AS IS” Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, MYHARBORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MyHarbors makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components.
MyHarbors also makes no representations or warranties of any kind with respect to Content. Member Content, in particular, is provided by and is solely the responsibility of, the Members providing that Content. No advice or information, whether oral or written, obtained from MyHarbors or through the Services, will create any warranty not expressly made herein.
15. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with MyHarbors must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, MyHarbors and its employees, agents, consultants, directors, shareholders, or any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by MyHarbors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Members, including those between you and other Members or between Members and group owners and administrators.
The acts of third parties generally (i.e., individuals or entities who are not MyHarbors or a MyHarbors affiliate), including third party sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
Claims relating to any face-to-face meetings in any way related to MyHarbors at any venues (e.g. groups, Zoom meetings, events, virtual or in-person meetings, etc.), including without limitation claims related to the actions or omissions of any Members or third parties who organize, attend, or are otherwise involved in any meetups. Unless otherwise expressly disclosed in writing, MyHarbors does not sponsor, oversee, or in any manner control any face-to-face, in-person or remote meetings, groups, clubs or events.
If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYHARBORS AND THE MYHARBORS AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: LIFE, PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES OR INJURIES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES OR INJURIES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR MEMBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYHARBORS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MYHARBORS AND THE MYHARBORS AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
17. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, 15 or 16. If so, only those certain limitations above may not apply to you and all other provisions remain in force.
Either party may terminate this Agreement at any time by notifying the other party. MyHarbors may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, MyHarbors may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement or inappropriate content or behavior as per our stated Policies.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to MyHarbors or any third party.
19. Choice of Law and Venue
You and MyHarbors agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and MyHarbors otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of York County in the State of Maine USA as they apply to agreements entered into and to be performed entirely within Maine between Maine residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MyHarbors must be resolved exclusively by a state or federal court located in Maine, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within York County, Maine USA for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws York County of the State of Maine, excluding choice of law.
This Agreement, as modified from time to time, constitutes the entire agreement between you and MyHarbors with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sub-licensable by you except with MyHarbors’ prior written consent. MyHarbors may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MyHarbors in any respect whatsoever. Any notice to MyHarbors that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to MyHarbors, LLC., PO Box 591, Kennebunkport, Maine 04046 USA, Attention: Legal Department.
21. Special Provisions for Members Located Outside of the United States
MyHarbors provides Services that will be of interest to the global community for individuals to share and follow the things they love about boating. MyHarbors headquarters is, however, located in the United States, and MyHarbors’ policies and procedures are based on United States law. As such, the following provisions apply specifically to Members located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Member Content and any personal information, to and in the United States and/or other countries where Members or servers are located; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services.
22. DMCA Copyright Policy
MyHarbors has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of MyHarbors’ Designated Agent for copyright takedown notices (“Designated Agent”) is listed below. You may submit a notice under the DMCA using our copyright notice form.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on MyHarbors infringes a copyright, please send a notice of copyright infringement containing the following information to the MyHarbors Designated Agent at the address below:
Identification of the work or material being infringed:
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that MyHarbors is capable of finding it and verifying its existence.
Contact information for the “Notifying Party” (e.g. you), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the MyHarbors Member who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, MyHarbors will immediately notify the Member responsible for the allegedly infringing material that it has removed or disabled access to the material.
MyHarbors will terminate, under appropriate circumstances, the Accounts of Members who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Member for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with MyHarbors by providing the following information to the Designated Agent at the address below:
The specific description and/or URLs of material that MyHarbors has removed or to which MyHarbors has disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Delaware if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Upon receipt of a valid counter-notification, MyHarbors will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action against the identified Member relating to the allegedly infringing material. If MyHarbors does not receive any such notification within ten (10) days, we may restore the material to MyHarbors.
In no condition does MyHarbors play any role in deciding the validity of copyright claims. This is left to the Notifying Party and Member to work out in US Federal Court or by other mutually acceptable means. MyHarbors accepts no responsibility or liability for trademark or copyright violations stemming from Member-contributed materials on it’s Website, apps or other services.
These additional special terms also apply to Members that run MyHarbors Licensed Applications on Apple, Inc. products or purchase MyHarbors In-App Products via the Apple Store.
Acknowledgement: MyHarbors and Member acknowledge that this EULA is concluded between MyHarbors and Member only, and not with Apple. MyHarbors, not Apple, is solely responsible for this Licensed Application and the content thereof. Use of MyHarbors on Apple devices and In-App Purchases of MyHarbors Paid Services via the Apple Store are also subject to applicable terms of applicable Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/ ) as of the Effective Date.
Scope of License: The license granted to the End-User for the Apple-based Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Maintenance and Support: MyHarbors is be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. MyHarbors and Member acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Warranty: MyHarbors be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed as defined in Section 14 of the MyHarbors Terms of Service. In the event of any failure of the Licensed Application to conform to any applicable warranty, the Member may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
Product Claims: MyHarbors and Member acknowledge that MyHarbors, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation as permitted by applicable law.
Intellectual Property Rights: MyHarbors and Member acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, MyHarbors, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: The Member warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Any End-User questions, complaints or claims with respect to the Licensed Application should be directed to MyHarbors, LLC, PO Box 591, Kennebunkport, ME 04046 USA. +1-978-225-3006. email@example.com
Third Party Terms of Agreement: The Member must comply with applicable third party terms of agreement, if any, when using the Licensed Application, e.g., wireless data services, etc.
Third Party Beneficiary: MyHarbors and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of these terms and conditions of the EULA, Apple has the right (and is deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
24. Third Party Data
Some of the MyHarbors Services from time to time may rely on third party data from external sources. Such services may be added and removed at any time at MyHarbors’ sole discretion. These may include the US National Weather Service, the US National Oceanic andAtmospheric Administration, Amazon, affiliate marketers, Google, other international sources of weather, maps, and other data. MyHarbors provides this data for reference and convenience only. This data should be used with caution and checked by the Member against other sources of data, especially when considering boating activities and marine navigation. MyHarbors makes no representations as to the accuracy of this information. USE THIS DATA AT YOUR OWN RISK.
CERTAIN CONTENT THAT APPEARS ON THIS SITE COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED ‘AS IS’ AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
If included, our weather reporting or forecast information is courtesy of the US US National Weather Service, the US National Oceanic and Atmospheric Administration or other third parties such as www.windy.com. Our marine Charts are courtesy of www.navionics.com.
Myharbors, LLC is a U.S. company and subject only to U.S. laws and jurisdiction, so for the moment these Terms of Service (and any other terms, policies, or guidelines that we provide to you) are only available in English.
What We Collect and How We Use It
When you create an account on the Services (an “Account”), we’ll ask you for some minimal information such as your name, username, email and password. This is required to create a uniquely identifiably account and become a member of our community. We may also ask for optional information like date of birth, certain location information about where you live or where you like to boat, your interests, types of boats you own, as part of your user profile (“Account Information”). It’s up to you if you provide optional information but the ore you provide, the more other members are able to discover members with like interests or locations.
If you subscribe to a paid membership we may store information about your subscription and payment plans and our secure payment processors may also collect information needed to process that periodic payment such as type of subscription. However myharbors does not access or store your payment information such as credit card numbers or other payment identifiers at Myharbors. Payment information is collected securely by our payment processors and we do not have access to it.
We may use Account Information, alone or together with other information, to enhance and improve the Services, such as for recommendations or by personalization. We may use your date of birth to verify that you can lawfully use the Services where required. We use your email address to verify your Account and to communicate with you, as described in more detail below. We also allow users to look for their friends by name, username and email address; you can, however, control who can access most of your optional profile information through your Account Settings.
You can keep your profile information fairly private on Myharbors if you want, but remember that your posts, forums, photos, listings, reviews, and username are generally visible to the public by default.
Email Communications with Us
As part of the Services, you may occasionally receive email, push notifications and other communications from us. Administrative communications relating to your Account (e.g., for purposes of Account recovery or password reset) are considered part of the Services and your Account, which you may not be able to opt-out from receiving. We also may send you other kinds of emails related to Myharbors, to your activities and those of your friends, or related activities of clubs and forums to which you belong. Most of these email notifications can be controlled by you via Settings. Note that we will never email you to ask for your password or other Account Information; if you receive such an email, please forward it to us.
Information Obtained from Third Party Services
We do not share any user-identifiable information about you with Third Party Services. In some cases, we may partner with Third Party Services that may provide information about you. When you connect other services to your Myharbors account, those services (e.g. Facebook) might share information from you with us. What gets shown to us is determined by their privacy policies and any settings you have set on their side. If you have disclosed that information to that third party and made it available for MyHarbors to access. To the extent we obtain such information, we may use it to develop new Services or to improve or enhance the Services.
By default, all sharing through the Services is public, and when you provide us with content it is published so that anyone can view it. Although we do provide tools, like individual and group privacy settings that let you publish content privately (e.g. to just members or groups), you should assume that anything you publish is publicly accessible unless you have explicitly selected otherwise. Also, please keep in mind that anything you share privately with another Member may be posted publicly by that Member. Content published and shared publicly is accessible to everyone, including search engines, and you may lose any privacy rights you might have regarding that content. In addition, information or photos shared publicly may be copied and shared throughout the Internet, including through actions or sharing features native to the Services.
The Services allow you to perform native actions that are integral to our products, such as posting content and media, liking a post, commenting or replying to a post, joining a group, reviewing a place or business, and connecting to or following a Member. Many of these are public actions which help you customize your experiences within MyHarbors. We may use information about native actions to improve the Services, develop new Services, and, particularly, to personalize your MyHarbors experience. Personalization using this information may include presenting you with new posts, groups, products or listings relevant to what you’ve liked, providing you with better search results, and perhaps showing you products or services more relevant to your interests.
Information About User Content
In some cases, we may collect information about content you provide to the Services. For example, when it’s included as part of your images, we may collect information describing your camera, camera settings or EXIF information. This information allows us to improve the Services and provide additional features and functionality.
Information Related to Use of the Services
We collect information about how Members use the Services to monitor, operate and improve the Services. This type of information may be collected in our log files each time you interact with (i.e., login, make a request to, add a comment or review) the Services. We use internal tools and third party applications and services (e.g. Google Analytics) to monitor the performance and uptime of the Service, and to collect and analyze this information. Some of this information may also be associated with the Internet Protocol Address (“IP Address”) used to access the Services; some may be connected with your Account; and some may only be collected and used in aggregate form (as a statistical measure that wouldn’t identify you or your Account). We automatically receive and record information from your web browser when you interact with the Services, such as what sort of browser device you are using, your language preference, the date and time of each request you make to the Services, and information from any cookies we have placed on your web browser (as described below).
We may use this information about how you and others interact with the Services for a number of things generally related to providing, enhancing, improving, protecting, and developing new Services, including but not limited to: providing Members with device-specific or personalized content; providing Members with targeted advertising; improving our search results; identifying trending or popular content; fighting spam, malware, identity theft and generally keeping our Members and community safe; and for legal and safety reasons.
We may ask for permission to access your location, given that some MyHarbors features may rely on location information (e.g. weather or tides). If you permit, we may collect and store information about where you are located, such as by converting your IP Address into a rough geolocation or using your geolocation information from your mobile device. We may use location information to improve and personalize the Services for you, for example by showing you relevant local content.
Information Collected Using Cookies and Web Tags
With Whom Your Information Is Shared
Information You Share with Third Party Services
Information Shared with Our Agents in Order to Operate and Improve the Services
In some cases, we share information that we store (such as IP Addresses) with third parties, such as service providers, services, and other agents (“Agents”), for the purposes of operating, enhancing, and improving the Services, and developing new products and services. For example, we may share information with service providers in order to block bots or users, fight spam, and third-party consultants may have access to information in the process of improving our processes and technology. Agents with whom we share such information for these reasons are generally bound by confidentiality obligations and, unless we tell you differently, our Agents do not have any right to use information we share with them beyond the scope and duration of what is necessary to assist us.
Information Disclosed Pursuant to Business Transfers
In some cases, we may choose to buy or sell business assets. In these transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Information Disclosed for Our Protection and the Protection of Others
Information Shared with Other Third Parties
We may share or disclose non-private information, Aggregate Information, or other non-personally identifying information with people and entities that we do business with.
Security of Your Information
Your Account Information is protected by a password for your privacy and security. We may enable additional security features in the future. You need to prevent unauthorized access to your Account and information by creating a unique, secure, and protected password and limiting access to your computer and browser by signing off after you have finished accessing your Account on the Services.
We seek to protect your information (including your Account Information) to ensure that it is kept private; however, we can’t guarantee the security of any information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
How to Delete Your Account
If you want to delete your Account, you can do so by emailing us at firstname.lastname@example.org and providing proof of authority over the Account. What constitutes “proof of authority” will vary depending on the circumstances, but generally will require sufficient identifying information so that we can be confident you are the Account owner. Deleting your Account will remove your profile, activity and access from our systems. It will not fully remove the content you have published from our systems, as caching of, links to, backups of, copies of, or references to your Account Information may not be immediately removed. In addition, given the nature of sharing on the Services, some of the public activity on your Account prior to deletion (such as previous posts, reviews, comments, etc.) will remain permanently stored on our servers and accessible to the public on the Internet.
Where to Direct Questions or Concerns
If you have any questions or concerns regarding privacy using the Services, send us a detailed message at email@example.com.