Terms and Conditions of Use

(Last revised as of January 1, 2025)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS OF USE POSTED TO THIS WEBSITE FROM TIME TO TIME, AND ANY ACCESS OF THIS WEBSITE BY YOU AFTER SUCH CHANGES ARE SO POSTED SHALL BE DEEMED YOUR AGREEMENT TO SUCH CHANGES. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.

These Terms and Conditions of Use (“Terms“) only apply to the use of certain websites which are owned and/or operated by or on behalf of Great Harbour Capital Ltd. and/or its affiliates (“Great Harbour“) (each, the “Site“, and collectively, the “Sites“), or available through our authorized third parties, or by any of the other means described herein.

Your use of this Site is further governed by the Great Harbour Customer Agreement, or any other similar agreement, in either case that has been entered into between Great Harbour and the Customer (“Customer“) named therein (“Customer Agreement“) governing Customer’s accounts with Great Harbour. In the event of any inconsistency between the terms of the Customer Agreement and these Terms, the terms of the Customer Agreement shall control.

These Terms do not apply to any Site owned and/or operated by or on behalf of any third party even if we provide a link to such Site on one of our Sites. Please refer to the terms of use of any such third party Sites for information regarding the terms and conditions of your use of such Sites.

When we refer to “Great Harbour,” “we,” “us,” or “our,” we mean Great Harbour Capital Ltd. or the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable.

When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

GENERAL
Great Harbour values your interest in its products or services and appreciates your visit to its Sites. Certain portions of this Site are intended to be used only by individuals authorized by Customer in compliance with its Customer Agreement with Great Harbour. Such individuals must use the username and password assigned to them and not those of any other person. If you are not authorized by Customer for this purpose, or if you are using someone else’s login information, you are deemed an unauthorized user and you should not use this Site. If nonetheless you continue, then by using this Site you undertake and agree that: (1) You will be personally liable for any and all expenses, costs, or damages incurred by Great Harbour in investigating or addressing your unauthorized use of this Site (such obligations shall be in addition to whatever other rights and remedies may be available to Great Harbour for unauthorized use); and (2) You will be personally bound to the terms of the Customer Agreement for the entire debts and other commitments of Customer, waiving any actual notice or knowledge of the terms of the Customer Agreement, all without any duties or obligations to you on the part of Great Harbour.

This Site provides general information about Great Harbour and its products and services. Use of this Site is limited to legitimate purposes. Great Harbour may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion. Great Harbour shall notify you of any of these changes to features to the extent Great Harbour is required by law to do so. By using any new or modified features when they become available, you agree to be bound by these Terms concerning such features.

You acknowledge and agree that any information, comments, documents, images, or general content you enter in or post on this Site may be viewed by any other users with access to this Site, and therefore will not be considered confidential by you. By providing any such information, comments, documents, images, or general content to Great Harbour, you grant to Great Harbour an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images, or general content on this Site. You further agree that Great Harbour is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Great Harbour. You hereby agree that any comments, feedback or recommendations of you for the improvement or modification of this Site or the merchandise or services advertised herein shall be the sole property of Great Harbour.

Any access or attempted access of other areas of Great Harbour’s computer systems, third-party systems and services that Great Harbour utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to any Site. Great Harbour reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials, regulators, or other appropriate third parties. Great Harbour has the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to your access to or use of any Site. Such modifications and additions shall be effective immediately upon posting the modified Terms to any Site, which posting shall be deemed notice to you. If you disagree with the changes to these Terms, you should discontinue your use of the Sites. Any access to or use of any Site after posting of modifications or additions to these Terms shall constitute and be deemed to be such your agreement to such modified Terms. Therefore, you should frequently revisit this Site to determine the present terms and conditions to which you are legally bound.

Great Harbour has the right to modify, suspend or discontinue, temporarily or permanently, this Site, any products or services provided by Great Harbour through this Site, or your right to access or use any portion of this Site, in Great Harbour’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or other party) to gain unauthorized access to any Site or assist others in attempting to do so, (2) you (or other party) disabling any security features on any Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights, or (5) pursuant to requests by law enforcement or other government agencies. The obligations and liabilities of you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT GREAT HARBOUR SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.

ACCESS
Great Harbour makes this Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using“) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, to which you serve as an agent, independent contractor or employee thereof to these same Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of the Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use this Site.

In order to access certain restricted portions of this Site, you may be required to register on this Site by completing a Registration Form (“Registration Form“). Great Harbour may accept or reject any Registration Form in its sole discretion. You represent and warrant that the information provided when registering is accurate, complete and current as of the date submitted and that you will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Form. As part of the registration process, you will select a user name based on your e-mail (“User Name“), and a password (“Password“) to access the User Name. Your User Name and Password are your credentials to access the restricted portions of this Site. You may not have a User Name that is vulgar, attempts to impersonate another person, or violates the rights of others. Great Harbour also may reject any User Name that Great Harbour determines in its discretion is unacceptable for use on this Site. You are solely responsible for all use of this Site under your User Name and Password and for maintaining the confidentiality of your User Names and Passwords and will (i) promptly notify Great Harbour of any actual or suspected unauthorized use of this Site, and (ii) ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Passwords to or by any person(s) or entity, you assume all risks and losses associated with such disclosure. Please note that Great Harbour will store a Password retrieval question and answer, which allows you the ability to retrieve your Password. If you do not answer the retrieval question correctly within the stated number of attempts, your User Name will be permanently deactivated, and you will need to re-register on the Site with a new User Name and Password.

INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF INFORMATION AND CONTENT
All information and content provided on this Site, whether explicitly marked or not, are the property of Great Harbour, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the Site.

All trademarks, servicemarks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks“), whether explicitly marked or not, used on this Site are owned by Great Harbour, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.

You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Great Harbour. You may, however, copy, print or otherwise use the information, content or Marks provided on this Site provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, product, brands or affiliates through the use of any information or content. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by Great Harbour is strictly prohibited.

Nothing contained in any Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Great Harbour or any third party.

You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of Great Harbour.

Any use of the information, content or Marks provided on any Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.

International Use
Great Harbour makes no representation that materials on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.

User Contributions to the Site
There may be opportunities for you to contribute information, data or materials to the Site. These may include, among others, uploading information, participating in chats, using our bulletin boards, etc. which collectively, we call “Content“. Great Harbour is not liable or responsible for any Content provided by its users or other third parties to the Site, including Suppliers (“User Content“). The contributions of third parties do not necessarily represent the view or opinions of Great Harbour. Great Harbour cannot preview User Content before it appears. You can be held liable for any illegal or prohibited User Content you provide to any Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on any Site, please notify us at notice@greatharbourcapital.com. We will investigate your claim promptly and may then take the actions deemed appropriate.

Links and Search Results
For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Great Harbour has no control over these sites or the content within them. Great Harbour cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Great Harbour does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against Great Harbour for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at notice@greatharbourcapital.com and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.

Commercial User
For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Great Harbour. You must obtain our prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Great Harbour products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.

Violation of the Terms
You understand and agree that in Great Harbour’s sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions or exercise any other remedy available and remove any unauthorized User Content, if we believe that the User Content you provided has violated or is inconsistent with these Terms or violated the rights of Great Harbour, another user, or the law or breach of Customer Agreement. You agree that monetary damages may not provide a sufficient remedy to Great Harbour for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Great Harbour may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Great Harbour is not required to provide any refund to you if you are terminated as a User because you have violated these Terms.

Great Harbour is not responsible for the products, services, actions or failure to act of any third party referenced on any Site except as set forth in the Customer Agreement. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in any Site to us at notice@greatharbourcapital.com. We may investigate the claim and take appropriate action, in our sole discretion.

ADOPTION OF ADDITIONAL TERMS
These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any particular Site, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.

DISCLAIMERS
YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.

IN NO EVENT WILL GREAT HARBOUR, ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT DOCUMENTS OR SOFTWARE THEREOF, EVEN IF GREAT HARBOUR, ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST GREAT HARBOUR IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THIS SITE AND ANY HYPERLINKED SITES.

Without limiting the above disclaimers, Great Harbour, its subsidiaries, affiliated companies and joint partners: (1) make no warranties or representations whatsoever concerning this Site or any other Internet Site, the access to, or the availability or use of, this Site or any other Internet Site, the information and content from whatever source posted on or referred to in this Site or any other Internet Site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet Site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet Site is, or the information or content from whatever source available for use or downloading are free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

This Site may use hyperlinks as a convenience to you so that certain reference material, Great Harbour-related subjects and other pertinent material is easily accessible. Linked and referenced Sites may not be operated, controlled or maintained by Great Harbour. Hyperlinks and references to other Sites, including any Great Harbour-affiliated entity, do not constitute sponsorship, endorsement or approval by Great Harbour of the information, content, policies or practices of such linked or referenced Sites. Great Harbour, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such Sites. You access, browse and use such Sites at your own risk.

Great Harbour has no obligation to update any information or content on any Site. Accordingly, Great Harbour, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at your own risk.

PRIVACY POLICY
These Terms include the terms and conditions of Great Harbour’s Privacy Policy. Accordingly, by using this Site, you affirmatively acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of Great Harbour’s Privacy Policy.

NO RECOMMENDATIONS OR ADVICE PROVIDED
Although information and User Content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by Great Harbour. You alone bear the responsibility of evaluating any information or content available on the Sites. In exchange for using such information or content, you hereby agree to release from any claim and to not hold Great Harbour liable for any possible claim for damages arising from any decision that you may make based on information or content available on the Site. See also our Legal Disclaimers.

MISCELLANEOUS
You warrant to Great Harbour that you will not attempt to gain unauthorized access to any services offered by Great Harbour or computer systems or networks connected to any Great Harbour server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Great Harbour. When using the Site you agree not to pretend to be someone else or spoof their identity.

You agree to defend, indemnify, save and hold harmless Great Harbour, its subsidiaries, affiliated companies, joint partners, licensees and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or services you may have obtained on any of our Sites.

Great Harbour controls its Site (excluding linked sites) from its offices in Stamford, Connecticut, United States of America and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of Connecticut, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the State of Connecticut and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.

By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.

When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.

© 2025 Great Harbour Capital Ltd.. All rights reserved.