LAST REVISED: June 12, 2017
Welcome to the website of Harbortouch Payments, LLC (“Company”,
“we” or “us”).
govern your access to and use of
including any content, functionality and
services offered on or through it (the “Website”).
www.harbortouch.com/privacy-policy, incorporated herein by
effective immediately when we post them. However, any changes to the dispute resolution provisions set forth
in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice
prior to the date the change is posted on the Website.
agree to the changes. You are expected to check this page each time you access this Website so you are aware
of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the
Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part
of the Website is unavailable at any time or for any period. From time-to-time, we may restrict access to
some parts of the Website, or the entire Website. You are responsible for ensuring that all persons who
To access the Website or some of the resources it offers, you may be asked to provide certain registration
details or other information. It is a condition of your use of the Website that all the information you
provide on the Website is correct, current and complete. You agree that all information you provide to
register with this Website or otherwise, including but not limited to through the use of any interactive
If you choose, or are provided with, a user name, password or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you must not disclose it to any
other person or entity. You also acknowledge that your account is personal to you and agree not to provide
any other person with access to this Website or portions of it using your user name, password or other
security information. You agree to notify us immediately of any unauthorized access to or use of your user
name or password or any other breach of security. You also agree to ensure that you exit from your account
at the end of each session. You should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided
by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design, selection and arrangement
thereof), are owned by the Company, its licensors or other providers of such material and are protected by
United States and international copyright, trademark, patent, trade secret and other intellectual property
or proprietary rights laws.
reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish,
download, store or transmit any of the material on our 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 or download 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.
You must not, without our prior written consent:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the
Delete or alter any copyright, trademark or other proprietary rights notices form copies of materials
from this site.
You must not access or use for any commercial purposes any part of the Website or any services or material
available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of
must, at our 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 site is transferred to you, and all rights not expressly
The Company name, the Company logo and various terms, including but not limited to, Harbortouch
EliteTM, Harbortouch EchoTM, HarborPayTM, PerkwaveTM,
Harbortouch TablesideTM, and HOLOTM, and all related names, logos, product and service names,
designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All other names, logos, product and service
names, designs and slogans on this Website are the trademarks of their respective owners.
use the Website:
In any way that violates any applicable federal, state, local or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing
them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior
written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other
person or entity (including, without limitation, by using e-mail addresses associated with any of the
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or
which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
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 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 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
unauthorized purpose without our 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 which is maliciousor
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.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards
and other interactive features (collectively, “Interactive Services“) that allow users to
post, submit, publish, display or transmit to other users or other persons (hereinafter,
“post“) content or materials (collectively, “User Contributions“) on or
through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By
providing any User Contribution on the Website, you grant us and our affiliates and service providers, and
each of their and our licensees, successors and assigns the right to use, reproduce, modify, perform,
display, distribute and otherwise disclose to third parties any such material for any purpose/according to
your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license
granted above to us and [our affiliates and service providers, and each of their and] our [respective]
licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute,
and you, not the Company, have fully responsibility for such content, including its legality, reliability,
accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions
posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole
Content Standards, infringes any intellectual property right or other right of any person or entity,
threatens the personal safety of users of the Website or the public or could create liability for the
Disclose your identity or other information about you to any third party who claims that material posted
by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for [any or no reason, including without
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or other information of anyone posting any
materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES
AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE
COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt
removal of objectionable material after it has been posted. Accordingly, we assume no liability for any
action or inaction regarding transmissions, communications or content provided by any user or third party.
We have no liability or responsibility to anyone for performance or nonperformance of the activities
described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state, local and international laws
and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights
of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws or regulations or
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this
is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information
purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you
place on such information is strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may
be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users,
bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to questions and other content,
other than the content provided by the Company, are solely the opinions and the responsibility of the person
or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials
provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or
up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no
obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form
of association, approval or endorsement on our part without our express written consent.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third party websites linked to this Website, you do so entirely at your own risk
and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Pennsylvania in the United States. We provide this Website
for use only by persons located in the United States. We make no claims that the Website or any of its
content is accessible or appropriate outside of the United States. Access to 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.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the
Internet or the Website will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for maintaining a means external to our site for any
reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR
OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF
ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN
RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET
YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED
TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your
Contributions, any use of the Website’s content, services and products other than as expressly authorized in
Governing Law and Jurisdiction
related thereto (in each case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any
choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other
be instituted exclusively in the federal courts of the United States or the courts of the State of
Pennsylvania and County of Lehigh.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
further or continuing waiver of such term or condition or a waiver of any other term or condition, and any
of such right or provision.
invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the
respect to the Website and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
This website is operated by Harbortouch Payments, LLC at 2202 North Irving, St., Allentown, PA 18109.
All notices of copyright infringement claims should be sent to our Legal Department at
All other feedback, comments, requests for technical support and other communications relating to the
Website should be directed to: [email protected].
Thank you for visiting the Website.