TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE.

THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE, WWW. HARBINGERGROUPINC.COM AND ALL SUBDOMAINS THEREOF (THE “WEBSITE”). BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE, UPDATE AND/OR REVISION (COLLECTIVELY “CHANGE”) BY HARBINGER GROUP INC OR ITS REPRESENTATIVES OR AGENTS (“HGI”) AT ANY TIME, WITHOUT NOTICE, IN ITS SOLE DISCRETION. YOUR USE OF THIS WEBSITE AFTER ANY SUCH CHANGE IS IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGE. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Limitations on Use

You may use this website to view information that we make publicly available on our web pages and for any other purposes expressly permitted herein. You may not access any information that is not publicly presented via normal browser viewing or via download processes that are made available by our website’s architecture, explicitly for use by visitors in downloading files we offer to the public. You may not use this website for any other purpose, including any commercial purpose, without HGI’s prior written consent, which consent may be withheld in its sole and absolute discretion. For example, you may not (and may not authorize any other party to) co-brand (as defined below) or frame any portion of this website or hyperlink to this website (other than the home page) without the express prior written consent of an authorized representative of HGI. “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website.

HGI and its affiliates reserve the right to monitor your use of this website to determine compliance with the terms hereof and applicable law, as well the right to remove or refuse any information or your use of this website for any reason.

Proprietary Information

The material and content accessible on this website, and any other website owned, operated, licensed, or controlled by HGI is copyrighted and/or otherwise proprietary information of HGI or the party that provided such content to HGI, and HGI or the party that provided such content to HGI retains all right, title, and interest in and to such content. The content on this website may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of HGI, which may be withheld in its sole and absolute discretion, except that visitors to this website may print out one copy of the content on this website solely for their personal use. In doing so, each user agrees that it will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content on this website. Modification or use of the content on this website except as expressly provided herein without the prior written consent of HGI violates HGI’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website.

Unless otherwise specifically noted, images, trademarks, service marks, logos, and icons displayed on the website are the property of HGI or the party that provided the trademarks, service marks and logos to HGI, and may not be used without HGI’ prior written consent. HGI, and any party that provided trademarks, service marks, and logos to HGI retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this website. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.

Collection of Data and Uses Thereof

In general, you can visit the website while remaining anonymous by not providing any identifying personal information (e.g., your name, address, telephone number, SSN, and/or e-mail address). However, we may collect nonpublic personal information that you voluntarily submit as well as other, originally anonymous, information that is collected automatically, and we may associate the latter information with identifiable personal information if you provide the latter. For more information please access the HGI Privacy Policy [Provide link].

You hereby grant to HGI the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to HGI through or concerning this website (collectively, the “Disclosure”), and to incorporate any Disclosure in other works in any form, media, or technology now known or later developed. HGI will not be required to treat any Disclosure as confidential, and may use any Disclosure in their businesses (including without limitation, for products or advertising) and may disclose the same or derivative works thereof to other parties without restriction as to use or disclosure, all without incurring any liability for royalties or any other consideration of any kind. For how HGI will treat any Nonpublic Personal Information that you submit through this website, please the terms hereof and the HGI Privacy Policy [Provide link].

Certain portions of this website may offer you the ability to e-mail a message to HGI. E-mail functionality (if any) is provided to you to facilitate communications between you and HGI. HGI shall have no liability for any loss or damage that arises from unaccepted e-mail requests, orders, or instructions. Moreover, HGI shall have no liability for any loss or damage that result from interception and/or unauthorized use by third parties of any information you send by e-mail. For information regarding HGI’ use of your e-mail address, please the terms hereof and the HGI Privacy Policy [Provide link].

You may not send, submit, publish, or transmit in connection with this website any material that:

• you do not have the right to post, including proprietary material of any third party;
• is vulgar, obscene, pornographic, or indecent;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive or is otherwise illegal (or advocates illegal activity) or in violation of any laws or regulations;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• solicits funds, advertisers, or sponsors;
• includes programs which contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; or
• does not comply with the terms hereof (as amended or modified from time to time).

Disclaimer

You understand that HGI cannot and does not guarantee or warrant that files available for downloading from this website or the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. HGI does not assume any responsibility or risk for your use of this website or the Internet, nor does HGI assume any responsibility for any products or services or hypertext links to third parties or for any breach of security associated with your use of this website or your transmission of sensitive information through the website or any hyperlinked websites. The content this website is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by HGI. The content of this website is subject to change without notice and should not be relied upon for any purpose. Neither HGI nor any of its affiliates makes any representation or warranty, express or implied, as to the accuracy or completeness of the information contained herein and no such party shall have any liability for such information. Each visitor to this website should conduct its own investigation and analysis of HGI and its affiliates, their business, prospects, results of operations and financial condition. In furnishing the information on this website, neither HGI nor any of its affiliates undertakes any obligation to provide the recipient with access to any additional information or to update or correct the information on this website. The information on this website is not all-inclusive and does not contain all the information which you may require. You should not construe the contents of these materials as legal, tax, investment or any other advice. You should consult your own counsel, accountant or business advisors. This website may contain links to other websites.  Such linked websites are not under the control of HGI and HGI is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites.  The inclusion of any link to another website does not imply endorsement by HGI of such other website.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HGI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. HGI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. HGI DOES NOT WARRANT OR MAKE ANY REPRESENTATION OR WARRANTY REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT ON THIS WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT ON THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HGI MAY MAKE CHANGES OR MODIFICATIONS AT ANY TIME. YOU (AND NOT HGI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. HGI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Certain statements in this document and certain oral statements made by representatives of HGI or its affiliates that are not historical fact constitute “forward-looking statements.” You are cautioned not to place undue reliance on these forward-looking statements. HGI generally identifies forward-looking statements by using words like “believe,” “intend,” “target,” “expect,” “estimate,” “may,” “should,” “plan,” “project,” “contemplate,” “anticipate,” “predict” or similar expressions. You can also identify forward-looking statements by discussions of strategies, plans or intentions, future economic, competitive and market conditions, future business decisions, representative investments, anticipated portfolio concentration, investment opportunities, ability to create value, nature of investments, characteristics of affiliates of HGI, future operations, financial condition, estimated revenues, projected costs, projected synergies, prospects, plans and objectives of management, strategy implementation, investment criteria, and/or strategy objectives, as well as certain information concerning expected actions of third parties. Such forward-looking statements involve known and unknown risks, uncertainties and other factors, which may cause the actual results to be materially different from historical results or from any results expressed or implied by such forward-looking statements. For a discussion of these risks and uncertainties, review HGI’s SEC filings, including the most recent annual report on Form 10-K and quarterly report on Form 10-Q.  All forward-looking statements herein are qualified in their entirety by this cautionary statement. Any estimates and projections on this website as to events that may occur in the future (including projections of revenue, expense and net income) are made based upon the reasonable judgment of HGI personnel, which may be fallible, or on information provided by affiliated or unaffiliated third parties. Such estimates and projections are provided as of the date of this document and upon assumptions and circumstances and events that have not yet taken place, may not have an empirical basis, are subject to variation, are inherently unpredictable and have not been independently verified for accuracy. Whether or not such estimates or projections may be achieved will depend upon various factors and there can be no assurance that any estimates or assumptions will prove accurate. Neither HGI nor any of its affiliates guarantees that any of these projections will be attained. Actual results may vary from the projections, and such variations may be material. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and HGI does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete. The information on this website regarding the affairs of HGI or its affiliates does not create any implication that the information contained herein or the affairs of HGI or its affiliates have not changed since the date the date the information was presented or that such information is correct as of any time subsequent to its date.

Limitation of Liability; Exclusion of Damages

HGI, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEBSITE, EVEN IF HGI OR A REPRESENTATIVE AUTHORIZED BY HGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HGI AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $50 OR THE AMOUNT (IF ANY) YOU HAVE PAID FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Waiver of Class Action Rights

BY USING THE WEBSITE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE, INCLUDING CLASS ARBITRATION. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT OR THE WEBSITE MUST BE ASSERTED INDIVIDUALLY.

Indemnity

You will indemnify and hold HGI, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the terms hereof by you, including any use of content on this website other than as expressly authorized in terms hereof. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.

Access to the Website

We make no representation that the content of this website is appropriate or available for use in any jurisdictions. Access to this website’s content from any jurisdiction where such access is illegal is prohibited. If you choose to access this website, you do so at your own risk. You are always responsible for your compliance with applicable laws. You may not use or export the materials in this website in violation of any laws, including U.S. export laws and regulations. HGI and its subsidiaries are not authorized to do business in every jurisdiction. By downloading any of this website’s content, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited.

Not Solicitations or Offers

The information contained on this website does not constitute investment advice, and is not an offer to sell, a solicitation or a recommendation to buy any service, program, product, securities or to engage in any other transaction with HGI or its affiliates. All transactions require signed agreements with HGI, and the terms of those agreements are binding on the parties. No other representation, whether made in person, online, electronically, in written, graphical, or verbal communication, may alter the terms of those agreements except that your use of the website constitutes your agreement to the additional terms set forth herein. By using this website, you accept at your own risk that this website and online communications medium may not perform as intended.

Others’ Views and Opinions

HGI uses this website to provide data relating to HGI and its affiliates. The website may include analysts’ or other parties’ views relating to HGI’ financial performance. Analysts’ and other parties’ views that are made accessible on this website are not necessarily shared nor endorsed by HGI and HGI does not confirm the content of such views by placing them on this website. HGI does not undertake to and is under no obligation to verify the content of such views posted on this website; they are available for informational purposes only. We are not liable for any loss or damages, whether direct, indirect, incidental, special, consequential, or exemplary, that may arise from reliance on such views made available on this website. The liability of HGI, if any, for the accuracy or completeness of such views made accessible on this website shall be excluded to the extent set forth herein or otherwise permitted by applicable law.

Miscellaneous

The terms set forth herein will be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and HGI arising out of the terms set forth herein or pertaining to this website. Each visitor to this website agrees that the exclusive venue for any dispute between the parties arising out of the terms set forth herein or pertaining to the subject matter of terms set forth herein will be in the state or federal courts sitting in New York, New York. If any part of terms set forth herein is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The terms set forth herein constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. HGI may revise the terms set forth herein at any time by updating this posting. The terms set forth herein constitute the entire understanding and agreement between HGI and you with respect to your use of this website, and supersedes all prior and contemporaneous agreements and understandings between you and HGI relating thereto. Any cause of action you may have with respect to your use of this website must commence within one (1) year after the claim or cause of action arises.

PRIVACY POLICY

At Harbinger Group Inc. (“HGI” or “we” or “us” or “our”) we are committed to transparency with respect to the collection and use of your personal information. We want you to understand what personal information we collect and how we use it. The following discloses our information gathering and dissemination practices for this website. The information HGI receives depends upon your actions when visiting this website.

This policy applies to information collected through this website; other policies may apply to information collected by or submitted to HGI through other channels, including information provided by third parties.

What Information We Collect and From Whom We Collect It

We do not require any visitor to our website to submit or disclose any nonpublic personal information. In connection with optional activities on the website, we may collect nonpublic personal information about you of the following types and from the following sources:

• Information we receive from you on forms you complete, including attachments to those forms, and submit to us, such as your contact information;
• Information we derive from your connection to this Website through an Internet “cookie” (an information-collecting device) or otherwise, such as your Internet browser, domain name and referring link; and
• Information we receive from you voluntarily, such as your e-mail address and any information contained in your e-mail messages.

“Nonpublic personal information” is nonpublic information about you that we obtain through this website.

Additionally, in some cases, non-personal information may be automatically collected, such as your Internet browser, computer operating system, domain name of your Internet service provider, and/or the website from which you linked to this website. HGI may also retain information about the frequency of website visits, duration of each visit, and aggregate information on which website pages visitors access. In addition, HGI sends website visitors “cookies,” a small data file sent by the website to the visitor’s browser, which may then be stored on the visitor’s hard drive. HGI’s cookie enables this website to recognize you if you have utilized certain of this website’s features (if any). In addition, the cookie may recall information so that you do not have to resubmit it, and also may automatically update website information. If available, you may program your browser software to notify you of attempts to send cookies and/or you may decline to accept or delete them. All of this automatically-collected information may be associated or linked with any nonpublic personal information that you provide, and all information that we collect, whether automatically or through your voluntary actions, and whether or not linked to your identity, is subject to the use and disclosure permissions given below.

What Information We May Disclose and To Whom We May Disclose It; Grant of Rights and Permissions

The only nonpublic personally information that we collect via the website is information that you may voluntarily provide to us, e.g. through your submission of information (such as your name and telephone number) via “Contact Us” facilities available on the website. We do not wish to receive any information that you consider private or confidential via the website, and your submission of information confirms that you do not consider it to be confidential, and confirms your grant to us and our third-party service providers of the perpetual, irrevocable right and permission to use, reproduce, distribute or disclose any information you have submitted in any way we deem appropriate without restriction. We will rely on your voluntary submission of information as evidencing your consent to our use and disclosure of it without restriction. No assurance is given that any such information will be maintained or treated as private, confidential or secure (see “Our Security Procedures,” below). As examples, and without in any way limiting the generality of the foregoing, we may disclose your nonpublic personal information that we collect, as described above, internally for use related to our business or to the provision of products, services or information to you, including but not limited to marketing to you; externally to persons or companies that perform services on our behalf, including but not limited to marketing to you; externally to third-party business entities who may use the information for their own business purposes, including but not limited to marketing to you; externally to government authorities or third parties pursuant to a legal request, subpoena, or other legal process; or as otherwise permitted by law to enforce rights, collect debts, fight fraud or protect the rights or property of HGI, our customers, our website, its users, or third parties, or when we otherwise believe that the law requires or permits it.

Our Security Procedures

We may employ measures designed to promote the security of the website, but make no warranties, representations or guarantees in this regard, including any warranty or representation that any such measures will be effective or will meet any particular objective or subjective criteria such as “best practices,” “industry standards,” reasonableness, or appropriateness. Any information submitted via this website is submitted entirely at your own risk and is subject to the grant of rights and permissions listed above under “What Information We Disclose and To Whom We Disclose It.”

Revisions to this Policy

We may revise, update, or amend this policy at any time for any reason, in our sole discretion, without notification. Please return to this page often to check for revisions. To determine whether revisions have been made since your last visit, refer to the revision date given below.

This privacy policy is effective as of June 18, 2012 and was last updated on that date.