Terms of Use

Hara's website www.hara.com ("Website") is a copyrighted work belonging to Hara Software, Inc. ("Company"). Company grants you the right to use the Website subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.

PLEASE REVIEW THE COMPANY'S PRIVACY POLICY AT www.hara.com/privacy.html ("PRIVACY POLICY"). THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO, AND CONSIDERED A PART OF, THESE TERMS OF USE.

IF YOU ARE USING ANY OF THE COMPANY'S PRODUCTS, INCLUDING WITHOUT LIMITATION, THE HARA ENVIRONMENT AND ENERGY MANAGEMENT SOLUTION SOFTWARE (COLLECTIVELY, THE "PRODUCTS"), PLEASE REVIEW THE COMPANY'S SUBSCRIPTION TERMS FOR SUCH PRODUCTS. SUCH TERMS WILL APPLY TO YOUR USE OF SUCH PRODUCTS.

1. LICENSE.

   Company owns and operates the Website. The documents and other information and content available on the Website ("Website Content") are protected by copyright laws throughout the world. Company grants you a limited license to reproduce portions of the Website Content for the sole purpose of reviewing the Website Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of Company. All copyright and other proprietary notices on any Website Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Website Content is strictly prohibited. Company and its suppliers reserve all rights not granted in these Terms of Use.

2. TRADEMARKS.

   "Hara," the Hara logo, and other identifiers of the Company's products or services are trademarks or service marks of the Company in the U.S. and/or other countries and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Websites are the property of their respective owners.

3. MODIFICATION.

   Company reserves the right, at any time, to modify the Website Content or to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification of the Website Content or modification, suspension, or discontinuance of the Website.

4. FEEDBACK.

   Company will treat any feedback or suggestions you provide to Company as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Company to the contrary, you agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

5. MAILINGS.

   By submitting your contact information and any other personal information through the Websites, you hereby authorize Company to use and disclose this information in accordance with our Privacy Policy.

6. THIRD PARTY LINKS.

   The Website may contain links to other websites operated by third parties. Such third party websites are not under the control of Company. Company is not responsible for the content of any third party website or any link contained in a third party website. Company provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites.

7. WARRANTY DISCLAIMER.

   COMPANY IS PROVIDING THE WEBSITE AND THE WEBSITE CONTENT ON AN "AS IS" BASIS FOR USE AT YOUR OWN RISK. COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITES. INFORMATION AT THE WEBSITES MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THE WEBSITES AND MAY CONTAIN ERRORS.

8. LIMITATION OF LIABILITY.

   IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE WEBSITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

9. AMENDMENT.

   These Terms of Use are subject to occasional revision, and if we make any substantial changes, we will notify you by sending you an e-mail to the last e-mail address you provided to us (if you have an account with us) and/or by prominently posting notice of the changes on our Website. Any material changes to these Terms of Use will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Websites. These changes will be effective immediately for new users of our Website, Products or related services. If you have an account with us, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website, Products, or related services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

10. GENERAL PROVISIONS.

    If any provision of these Terms of Use are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using the Website, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Company's principal place of business is located for any lawsuit filed there against you by Company arising from or related to these Terms of Use.

If you have any questions about the foregoing, please contact us at the following e-mail address: info@hara.com and legal@hara.com.