Effective Date: November 1, 2013.
1. Disclaimer of Warranties
You expressly agree that use of the Website, including browsing, downloading, and otherwise obtaining content from the Website, is at your sole risk. The Website and Website Content (as defined below) are provided on an “as is” and “as available” basis and “with all faults.” To the fullest extent permitted by applicable law, Horton Group makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website or Website Content in terms of its correctness, accuracy, reliability, or otherwise. Horton Group shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Website. HORTON GROUP DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE, WEBSITE CONTENT AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE WEBSITE AND WEBSITE CONTENT. HORTON GROUP DOES NOT WARRANT THAT ANY WEBSITE CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, WEBSITE CONTENT, OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. Limitations of Liability
IN NO EVENT SHALL HORTON GROUP OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, THE SERVICES FOUND AT THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY VIRUSES, WORMS, BUGS, OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR FROM THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY USER CONTENT (AS DEFINED BELOW), OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HORTON GROUP OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Horton Group’s liability is limited to the greatest extent permitted by law. You also specifically acknowledge that in no event shall Horton Group’s total aggregate liability to you exceed the total amount paid by you for the particular services that are the subject of your claim against Horton Group, if any.
You may have the option to create an account to participate in certain features of the Website. If you create an account, you agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify Horton Group with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
4. Warranty and Indemnification
5. User Content
Horton Group is not responsible or liable for any User Content on the Website. User Content does not express the views of Horton Group. Horton Group does not guarantee that it will edit or delete User Content. Horton Group has the right, but not the obligation, to monitor User Content. Horton Group reserves the right to reveal your identity (or whatever information Horton Group knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, Horton Group does not claim ownership of the User Content on the Website. You acknowledge that Horton Group is not responsible for the accuracy of any User Content and that you and not Horton Group are solely responsible for any User Content you post or upload to the Website. The User Content is not intended to, nor does it constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Horton Group provides this Website for entertainment, informational, educational and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will Horton Group be liable for any loss or damage caused by your reliance on any content on this Website.
You acknowledge that public forums offered on the Website are for public and not private communications. You are and shall remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk.
By posting or uploading User Content to this Website, you are granting Horton Group permission to use the User Content in connection with the Website. By submitting User Content, you also grant Horton Group the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.
Horton Group may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Website, and Horton Group has no obligation to return your User Content or otherwise make it available to you.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant Horton Group the rights set forth above without obligations or liability to any party, you agree to promptly provide Horton Group with the proper information pursuant to the procedures outlined in Horton Group’s Intellectual Property Policy.
6. Compliance with Laws and Prohibited Uses
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, or regulations, including, without limitation, the Can-Spam Act of 2003, or other government requirements.
You shall not post, submit to, advertise, display, or transmit through the Website any material that:
Violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right, whether of Horton Group or of any other person or entity;
Impersonates another person or entity or is unlawful, threatening, abusive, defamatory, untrue, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable;
Constitutes, enables, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
Includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
Contains a formula, instruction, or advice that could cause harm or injury;
Is a chain letter, “spam,” data mine, or “bot” of any kind, or facilitates mail abuse or unsolicited email of any type;
The licensed use by Horton Group would result in Horton Group having any obligation or liability to any party; or
Would result in Horton Group having any obligation or liability to any party.
7. Intellectual Property
For information on how to submit copyright or intellectual-property infringement claims or how to respond to such claims made against you, please see Horton Group’s Intellectual Property Policy.
8. Submission of Information
Although Horton Group may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Horton Group through this Website, Horton Group does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g. credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility.
10. Restrictions on Use by Minors
If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 13. Horton Group does not collect personally identifiable information from any person Horton Group actually knows is a child under the age of 13.
11. Denial of Access
12. Modifications and Interruption to Service
Horton Group will in good faith endeavor to provide uninterrupted service to the Website, but you acknowledge and accept that Horton Group does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Horton Group’s control.
13. Third Parties and Third-Party Sites
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that Horton Group is under no obligation to become involved. If there is such a dispute, you hereby release Horton Group and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
14. Governing Jurisdiction of the Courts of Tennessee
15. Other Terms
Company may suspend all services on seven (7) days written notice until the amounts outstanding are paid in full. Client shall also reimburse Company for all reasonable out-of-pocket expenses, approved in advance by Client, that are actually incurred by Company in the performance of the Services, including, for example, third-party license fees for fonts or stock photography.
If Client places the project on hold for more than 14 calendar days after completion of work, or Client is inaccessible or unreachable for more than 14 calendar days without notice, the Services will be temporarily suspended and the project will be subject to a minimum on-hold fee of $100 per month they are unresponsive or unable to provide necessary website assets (the "On-Hold Fee") for website launch. This On-Hold Fee covers the expenses incurred for Horton Group to place the project on-hold and then to re-initiate the project, upon Client's request, for completion. Placing a project on hold does not alleviate the Client from the financial responsibilities outlined in the payment schedule as outlined within this Proposal. When Client is ready to re-initiate the project, Client shall notify Horton Group in-writing within 14 calendar days of their intent to release the On-Hold Status, and upon successful receipt of the On-Hold Fee and any outstanding balances due, re-initiation of the project will commence.