Terms - Harness Energy

Last Modified: March 12^th 2026

These Terms of Use (these “Terms”) constitute a binding agreement between you and Harness Energy, LLC, a Colorado limited liability company (“Harness,” “us,” “our,” the “company,” or “we”) with respect to your use of: (i) our website available at www.harnessre.com, including any subpages, any Harness-operated website or application that links to this Agreement (collectively, the “Site” or the “Website”). These Terms are also subject to the Company’s privacy policy, available at: www.harnessre.com/privacy (the “Privacy Policy”).

For purposes of these Terms, “you” or “your” means you as a user of the Website. By accessing the Website, you represent that you are of legal age to enter into a binding agreement. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF SECTION 16 (“ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER”) BELOW.

CHANGES TO TERMS

We may revise and update these Terms from time to time at our sole discretion. The date these Terms were last updated is set forth at the top of this page and you should check this page frequently to remain apprised of any changes. We will use commercially reasonable efforts to notify you of any material changes prior to any such material changes taking effect, either through the Site, email via the email address associated with your past transactions (if any), or through other reasonable means. Notwithstanding the foregoing, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which User has actual notice on or before the date the change is posted on the Site. Your continued use of the Website following the effective date of the revised Terms means that you accept and agree to the changes.

We may update the content on this Website, but its content (the “Content”) is not necessarily complete or up to date. Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such Content.

SCOPE OF AND RESTRICTIONS ON USE

Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Website for your personal use.

You agree not to:

Except as otherwise provided in these Terms, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without the express written permission of the Company;
Reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the Website;
Decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Website;
Collect information from the Site using an automated software tool or manually on a mass basis;
Use automated means to access the Site or gain unauthorized access to the Website or to any computer system connected to the Website;
Obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you;
“flood” the Website with requests or otherwise overburden, disrupt, or harm the Website, or our systems;
Impersonate any person or entity, including, but not limited to, an employee of ours, an “Administrator,” an “Owner“, or any other “Authorized User,” or falsely state or otherwise misrepresent your affiliation with a person, organization, or entity;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
Provide, and you will not use the Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
Use the Website to promote or operate any service or content without the Company’s prior written consent;
Restrict or inhibit other users from accessing or using the Website;
Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
Modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Website; or
Access or use the Site for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms or to solicit others to perform or participate in unlawful acts.

Additionally, you shall not:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including, but not limited to, their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including, but not limited to, monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without the Company’s prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Make any statements, written or verbal, that defame or disparage the reputation of the Company or the Website.

You are responsible for procuring and maintaining all computer hardware and software, equipment, internet connectivity, and other ancillary services and resources necessary for access and use the Website and for ensuring the security of the foregoing.

OWNERSHIP

The Website is owned by the Company and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of the Company and its licensors.

The Company reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Company may have in and to the Website. By making this Site available to you, the Company is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Website without the Company’s prior written consent.

The Company shall own and retain all right, title, and interest in and to any data derived from your use of the Website (collectively, the “Derived Data“). All such Derived Data may be used by the Company for any legal purpose, including purposes of maintaining and improving this Site and the Company’s other products and services.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the Company’s end user license agreement for such applications.
If the Company provides social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to:info@harnessre.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will immediately cease and you must, at the Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate applicable laws.

PRIVACY POLICY

Registration data and other personally identifiable information that you submit, post or provide to or through the Website or that we may otherwise collect is subject to, and treated in accordance with, the terms of the Privacy Policy.

THIRD PARTY WEBSITES

The Site may include or provide links to other websites on the Internet that we do not control. In some circumstances, the Site may be linked or framed (e.g., content incorporated on another website through the use of an i-frame) by an entity and its respective officers, directors, agents, employees, and franchisees with which we have entered into a commercial agreement to provide products or services on or related to the Site (a “Business Partner”). These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Site does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. User should review carefully the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

THIRD-PARTY MATERIALS

The Website may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials“). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

INDEMNIFICATION

You agree to indemnify, defend, and hold the Company and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the “Company Entities“) harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of the Company.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 10 and this Section 11 may not apply to you.

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY ENTITIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, NOR DO THE COMPANY ENTITIES REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE COMPANY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.

THE COMPANY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S OTHER USERS. ACCORDINGLY, THE COMPANY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE COMPANY ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OR THE SITE IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY IN CONNECTION WITH YOUR USE OF THE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU.

THE FOREGOING SECTIONS ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE IN WHICH YOU ARE LOCATED. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH STATE, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

The Company takes claims of intellectual property infringement seriously.

Copyright Infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), your written notice of alleged copyright infringement must include substantially the following:

your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
a statement that the information in your written notice is accurate; and
a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

All written notification, pursuant to the DMCA, must be submitted to the designated Copyright Agent at the following address:

Harness Energy, LLC
Attn: Legal
201 Murray St.
Niwot, CO 80544
Email: legal@harnessre.com

**NOTE: This contact information is for inquiries regarding potential infringement only.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that any material that you posted on this Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which the Company can contact you (including, but not limited to, name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows the Company to restore the removed content if the party filing the original DMCA Notice does not file a court action against User within ten business days of receiving the copy of User’s Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including, but not limited to, costs and attorneys’ fees) under Section 512(f) of the DMCA.

Trademark Infringement

All company trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of Harness Energy, LLC or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Using a trademark that is similar to a third party’s mark in a way that causes confusion as to source or by falsely implying (i) an affiliation or association with the third party or (ii) the third party has sponsored or approved the trademark user’s goods or services may be considered trademark infringement. Any action that may be deemed trademark infringement is a violation of the Company’s trademark policy.

If you are a trademark owner and you believe your trademark is being infringed, please be aware that the Company does not mediate trademark disputes between Site users and trademark owners. As a result, we strongly encourage trademark owners to resolve their disputes directly with the seller or Site user who posted the Content in question by messaging them directly from the product page. Contacting the seller may resolve things more quickly in a way that is more beneficial to you, the seller or Site user, and the Harness community.

If you are unable to make contact with the seller or Site user in question for any reason, please submit a trademark complaint that includes the following information:

The full legal name of the trademark owner
The address of the trademark owner
Your full legal name (if you are not the trademark owner)
Your email address (please use company email address)
Your title
The trademark (include a description for any incorporated design elements)
The trademark registration number, including registration office
URL of allegedly infringing use of trademark
A statement substantially similar to the following: “Under penalty of perjury, I declare that (a) I have a good-faith belief that the challenged material violates my trademark rights or the rights of the trademark owner, (b) the information in my complaint is true and correct, and (c) I am the trademark owner or am authorized to act on the trademark owner’s behalf.”

The complaint should be sent to legal@harnessre.com or by mail to:

Harness Energy, LLC
Attn: Legal
201 Murray St.
Niwot, CO 80544

The Company’s obligation to review the complaint shall be limited to (i) verifying that the listed trademark owner is the most recent owner of the trademark registration identified in the complaint, and (ii) determining that the registered mark is reasonably similar to the allegedly infringing trademark identified in the complaint (collectively, the “Minimum Complaint Standard“). The Company, in its sole discretion, shall determine whether a complaint meets the Minimum Complaint Standard and shall notify you of its decision. If your complaint meets the Minimum Complaint Standard, the Company shall provide you the name and contact information of the seller or Site user. You agree that you are solely responsible for making contact with the seller or Site user, and the Company shall not be held responsible if you are unable to resolve your concerns. Because sellers may have valid defenses to use a mark, the Company will remove infringing User Content or take other action only if you provide us a copy of a judgment or settlement agreement between you and the seller or Site user indicating that such content should be removed or such other action should be taken, or if the seller or Site user makes such a request to us in writing. As a seller or Site user, you agree that the Company may provide your contact information to any party that files a complaint that satisfies the Minimum Complaint Standard.

CHANGES; SUSPENSION AND TERMINATION

The Company reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof at any time. You agree that the Company will not be liable to you or to any third party for any such change, suspension, or discontinuance.

ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER

Please read this section carefully. It impacts the rights that you may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This “Arbitration; Jury Waiver; Class Action Waiver” section survives any expiration or earlier termination of these Terms.

Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and the Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Site, or the breach, enforcement, interpretation, or validity of this Agreement (“Claim“), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.

For purposes of this section, notices must be sent as follows:

If to the Company: to Harness Energy Attn: Legal, 201 Murray Street, Niwot, CO 80544
If to Customer: to your last-used billing address

Arbitration. To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Claim. You and the Company each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

To begin an arbitration proceeding, you must send a written request to the Company at: Harness Energy Attn: Legal, 201 Murray Street, Niwot, CO 80544. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA“) pursuant to its Consumer Arbitration Rules (“AAA Rules“), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to the Company.

In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and the Company each agree that this Agreement evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor the Company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In lieu of arbitration, and notwithstanding anything in this section to the contrary, either you or the Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim. Additionally, and notwithstanding anything herein to the contrary, nothing in this section shall prohibit you or the Company from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this Agreement.

Class Action and Jury Waiver. YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN AN ACTION BETWEEN YOU AND THE COMPANY THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SET FORTH ABOVE WILL BE VOID AS TO YOU. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

GOVERNING LAW

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including, but not limited to, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Except as otherwise provided herein, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the County of Denver, Colorado, although the Company retains the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

TEXT TERMS AND CONDITIONS

Express Consent. You may be given the option, through the Site or otherwise, to sign up to receive text messages from the Company (each, a “Text Message“) for transactional and service purposes. If you elect to receive Text Messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring Text Messages from us. Please note that the Company’s text service is optional, and your consent is not a condition for purchase.

Cancellation. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us, or email info@harnessre.com.

Messaging Fees. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text messages, you may not receive the Text Messages. Neither we nor the applicable wireless carrier will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. All Text Message services are provided on an “AS IS” basis.

Privacy. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name, and the date, time and content of your text messages. We may use this information in accordance with the Privacy Policy to contact you and to provide the services you request from us. For more information on how we use collected information, please read the Privacy Policy.

MISCELLANEOUS

Geographic Restrictions. The Company is based in the State of Colorado in the United States. The Company makes no claims that the Website is accessible or appropriate outside of the United States. Access to and use of the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

Notice for California Users Under California Civil Code Section 1789.3. Users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address set forth below.

Electronic Communications. When you visit the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Entire Agreement. These Terms and any other policies, terms, and conditions incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Questions. If you have any questions about the Site, please contact us at info@harnessre.com.