Last updated March 3, 2020
1. Information We Collect
We have constructed the Site so that you may review information about our services, without revealing your identity or volunteering any personally identifying information. If you choose to contact us, request information, inquire about a service or subscribe to our newsletter, we will collect personally identifiable information (“PII”) from you, such as that indicated below, and this information may be combined, to provide you with information or service you request and to ensure that we maintain complete, current and accurate personal information.
In order to receive information from the Site, you may be required to provide us with certain information, including, for example, your name, e-mail address and phone number. Failure to provide such data may make it impossible for us to provide you with the requested information or service.
We use Google Analytics which is a web analytics tool that helps us understand how users engage with our Site. Like many services, Google Analytics uses first-party cookies to track user interactions as in our case, where they are used to collect information about how users use our Site. This information is used to compile reports and to help us improve our Site. The reports disclose website trends without identifying individual visitors.
3. Use of Information We Collect
We may use PII or aggregate and/or de-identified data about Users (“Aggregate Information,” or “AI”) for various purposes, including:
- responding to questions and comments from Users;
- enabling Users to receive newsletters, updates, and other materials related to us;
- monitoring and analyzing the Site (including, but not limited to, measuring Users’ interest in, and use of, various areas of the Site);
- improving the functionality, design and quality of the Site;
- performing the technical administration of the Site;
- investigating cases of suspected abuse or fraud;
- preparing statistical and other summary analyses of our Users’ behavior; and
- any other purpose that we determine at our discretion is related to the use, advertising, marketing, promotion or other of our, or the Site’s legitimate purposes
(Collectively, “Our Purposes”).
Information You Provide Through the Site
We do not collect or maintain PII for resale purposes or share your information with any other company or organization, except as indicated herein or to the extent such other company or organization is acting as our agent for purposes of communicating with you by mail, e-mail, or otherwise. In addition, we will not send promotional materials to Users who indicate that they do not wish to receive such messages.
4. Disclosure of Personal Information
We may share your personal information with our carefully selected vendors, third party service providers and agents where it is necessary for Our Purposes. These parties may include web analytics service providers, such as Google Analytics for web analysis purposes.
We will provide these companies only with the information they need to deliver the service we have requested, and they are prohibited from using that information for any other purpose.
We may also share PII when we believe it is necessary to:
- Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may, without providing notice to you, disclose any information about Users, including PII, to government or law enforcement officials or private parties where we are required to do so by law, including, but not limited to, in response to a court order or subpoena. We may also, without providing notice to you, disclose PII in response to a request by a law enforcement agency or other public agency or if we believe such disclosure may prevent or mitigate the threat of crime or harm to Users or others, facilitate an investigation related to a User’s safety or public safety, protect the security or integrity of our Site, or enable us to take precautions against liability;
- Maintain the security of our Site, products and services
Service providers and other third parties
We may also share PII with third parties when you give us consent to do so.
Processing the data collected through the Site is carried out using computers and/or IT enabled tools, following organizational procedures and modes related to Our Purposes. We may employ third party companies and individuals to facilitate the operation of the Site, and to perform services related to administration of the Site (including, but not limited to, maintenance, hosting and database management services, web analytics and administration and legal services). These third parties have access to Users’ PII and other personal data only to perform these tasks on our behalf. We may share AI, and reports based on AI, with third parties for industry analysis, demographic profiling, other commercial purposes, or to deliver targeted advertising about other products and services. No such AI that we provide to third parties will contain PII.
In connection with a sale of all or part of our operations, or sale or transfer of assets, or a merger, reorganization, or in the event of bankruptcy, we may transfer PII to a third party as part of the transaction, to the extent permitted by applicable law.
5. Your Privacy Choices
6. If a User becomes aware that PII we maintain about them is inaccurate, incomplete, misleading, irrelevant or out of date, or if an individual would like to access, update or review their information, the individual is solely responsible for updating such information, and may do so by contacting us using the contact information below. We will attempt to provide the requested information or make requested changes to the extent allowable by applicable privacy laws. In any event, we will respond to you as soon as reasonably possible to advise you of the outcome of your request. You may request the removal of previously provided PII at any time using the contact information below. The deletion of such data, however, may affect our ability to provide you with our services. We reserve the right to verify the identity of any person making an opt-out or correct/update request but shall have no liability whatsoever resulting from false or erroneous requests. You may update your PII, communications preferences, or opt out from receiving promotional materials at any time by contacting us at firstname.lastname@example.org
We retain PII for the period necessary to fulfil Our Purposes. In some cases, we retain PII for longer, if doing so is necessary to comply with our legal obligations, resolve disputes, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
Please note that any information you share with us via email or via the internet is not completely secure. We take reasonable steps to protect the PII provided via the Site from loss, misuse and unauthorized access or disclosure, however, no internet or e-mail transmission is ever fully secure or error free. Due to the nature of the internet, there is a possibility that unsecured (unencrypted) email or internet transmissions could be intercepted and read by third parties. We assume no responsibility for interception of confidential information or personal information that you send in an unsecured (unencrypted) email message or other internet transmission to and from the Site. Therefore, you should take special care in deciding what information you send to us via the Site, e-mail or via another internet transmission.
You acknowledge and accept that, despite our efforts, there may be times or situations when your PII is inadvertently disclosed by us or by a third party to whom we have disclosed your PII. You hereby accept that risk and waive any and all claims, causes of action, damages and liability against us in the event of such inadvertent or negligent disclosure of PII.
10. Links to Third Party Sites
11. Your Choices and Opt-Outs
You can opt out of receiving marketing emails from us at any time. You can opt out of our marketing emails by clicking the ‘unsubscribe’ link at the bottom of our marketing messages.
Also, all opt out requests can be made by emailing us at: email@example.com. Please note that it may take up to sixty (60) days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make a request. However, we may inform you via email of extending such period from time to time.
12. Cross Border Transfers
This site is intended for use by persons and businesses located and operating in the United States. If you visit the Site from a country other than the United States, your communications will likely result in the transfer of your PII across national borders. Our servers or offices may be located in countries other than the country from which you access the Site, also resulting in the transfer of your PII across international borders. If you provide your PII when visiting the Site from outside of the United States, you acknowledge and agree that this data may be transferred from your then current location to our offices and servers and to those of our affiliates, agents, and service providers located in the United States and in other countries. The United States and such other countries may not have the same level of data protection as those that apply in the jurisdiction where you live.
13. Other Terms and Conditions
1 Pier 8
Charlestown, MA 02129
Attention: Michael Maslauskas, Controller
Last updated: March 3, 2020
Welcome and thank you for visiting www.harborfuels.com (the “Site”), a website operated by Harbor Fuels (“Harbor Fuels”). By accessing or using the Site, you as the user (“you”) agree to be bound by the following terms and conditions (these “Terms”).
Please read these Terms carefully before using the Site. These Terms are a legally binding agreement between you and Harbor Fuels. These Terms do not purport to supersede any legally binding agreements between you and Harbor Fuels that are independent from your use of the Site. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY, AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE.
1. Use of the Site.
Subject to your ongoing compliance with these Terms, Harbor Fuels hereby grants you a limited, personal, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Site with a generally available web browser to view the Content (defined below) and use the Site. Any other use of the Site is strictly prohibited and a violation of these Terms. Harbor Fuels and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in the Site, the Content and all related items.
2. Restrictions on Use.
Your use of the Site, including all features and functionalities associated therein, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Site or its Content. You shall comply with these Terms and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, or offer for sale, any Content or information contained in or obtained from or through the Site; (ii) delete the copyright or other proprietary rights notices from the Site or any Content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the content or other protections enabled on the Site; (iv) use any robot, spider, scraper or other automated means to access the Site or to monitor or copy Harbor Fuels’ webpages or the Content contained therein; (v) “mirror” or “frame” any Content or the Site itself, in whole or in part; (vi) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; (vii) use or insert any code or product or manipulate the Site in any way; (viii) use any data mining, data gathering or extraction method; (ix) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs; (x) remove, modify, disable, block, impair, or obscure any advertising in connection with the Site; (xi) use or encourage the use of the Site or its Content for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws and regulations governing intellectual property and other proprietary rights, data protection and privacy; or (xii) assist, encourage or enable others to do any of the preceding prohibited activities. Minors and children shall not access or use the Site.
3. Cessation of Service; Termination.
Harbor Fuels reserves the right to modify, terminate and suspend the operation of the Site, as well as the provision of any or all products, services or Content via the Site, without notice or liability, at any time and for any or no reason in its sole and absolute discretion. The rights granted to you herein shall terminate immediately upon any violation of these Terms, without prejudice to any other rights or remedies of Harbor Fuels. Harbor Fuels reserves the right to terminate your access to and use of the Site at any time for any reason without notice or liability to you or any third party.
5. Intellectual Property.
All content included or available on the Site, including, but not limited to, all text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto, and the features and functionalities of the Site (collectively “Content”), is the exclusive property of Harbor Fuels or its licensors and is protected by U.S. and international laws. Any use of Content, including reproduction for purposes other than those expressly permitted herein, any modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Harbor Fuels is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are hereby reserved.
6. Third-Party Services.
7. Disclaimer of Warranties.
THE SITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED BY HARBOR FUELS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the fullest extent permitted by applicable law, Harbor Fuels disclaims all representations and warranties, express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, but without limitation, Harbor Fuels does not represent or warrant that: (i) the Content, information or results on or provided through the Site are correct, accurate, or reliable; (ii) access to and use of the Site shall be uninterrupted or error-free; or (iii) the Site or the server that makes it available is free of viruses or other harmful components or defects or that defects shall be corrected.
8. Limitation of Liability.
YOUR USE OF AND ACCESS TO THE SITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL BACKBAY OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (THE “HARBOR FUELS PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SITE, ANY DELAY IN OR INABILITY TO USE THE SITE, ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE BACKBAY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HARBOR FUELS PARTIES EXCEED FIFTY U.S. DOLLARS ($50.00). YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, BACKBAY WOULD NOT ALLOW YOU TO ACCESS OR USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
You shall indemnify and hold harmless the Harbor Fuels Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (i) your access to or use of the Site and its Content; (ii) your actual or alleged breach of these Terms; or (iii) any infringement by you or any other user of the Site using your computer or device of any intellectual property or any other right of any person or entity. You shall cooperate as fully as reasonably required in the defense of any such claim. Harbor Fuels reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. Each of the Harbor Fuels Parties is an express third-party beneficiary of this indemnification provision, with full rights to enforce its terms.
10. Governing Law; Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its choice of law rules. Any action, claim or proceeding arising out of or relating to the Site or these Terms shall be brought in the appropriate court located in Boston, Massachusetts. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.
11. Entire Agreement.
These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain products or services available through the Site, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such products or services.
12. Waiver; Severability.
Any waiver of any provision of these Terms shall be effective only if in writing and signed by Harbor Fuels. Any failure to enforce any provision of these Terms shall not constitute a waiver of a future breach of that or any other provision of these Terms. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
Harbor Fuels may, in its sole discretion, revise these Terms at any time with or without additional notice to you. Such revised Terms shall be effective when posted on the Site. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. You understand and agree that your continued access to or use of the Site after the effective date of changes to these Terms indicates your acceptance of such revisions.