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Terms of Use

Effective Date: November 1, 2013.

These Terms of Use set forth the standards of use of this website located at hortongroup.com (the “Horton Website”), which is operated by Horton Group, Inc. (a Tennessee corporation) (“Horton Group”), and those websites that Horton Group controls, hosts, and/or maintains (the Horton Website, together with the other websites, collectively, the “Website”), the hypertext links to other websites contained on the Website, and other online resources accessible via the Website.  By browsing, accessing, linking, using, uploading information to the Website, and/or downloading information from the Website, you agree to these Terms of Use.  If you are using the Website on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person’s behalf.  Horton Group reserves the right, at any time, to modify, alter, or update these Terms of Use.  Modifications shall become effective immediately on being posted on the Website.  Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications.  Except as provided in this paragraph, these Terms of Use may not be amended.

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.

3. Accounts

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

You warrant and represent that your use of the Website will comply with these Terms of Use.   You further warrant and represent that all content added to the Website by or at the behest of you or your agents or representatives, including, without limitation, messages, recipes, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”) is free of third-party claims and does not infringe the rights of any third party.  By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content.  You agree to indemnify and hold Horton Group and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of the Website, the violation of these Terms of Use, or infringement by you, or other user of the Website using your computer, of any intellectual property or any other right of any person or entity.  You will cooperate as fully as reasonably required in the defense of any claim.  Horton Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Horton Group’s written consent.

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; 

Violates these Terms of Use or Horton Group’s Privacy Policy, including, without limitation, using e-mail addresses for any purpose other than the transaction of business on the Website;

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.

Horton Group expressly reserves the right to terminate and/or refuse any and all service to you for violation of this Section or any of these Terms of Use, such termination or refusal to be determined in Horton Group’s sole discretion.  Horton Group expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) the Website for any reason (as determined by Horton Group in its sole and absolute discretion), including, without limitation, the following: (i) to correct mistakes made by Horton Group in offering or delivering any services, (ii) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (iii) to comply with requests of law enforcement, including subpoena requests, (iv) to comply with any dispute resolution process, (v) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vi) to avoid any civil or criminal liability on the part of Horton Group, its officers, directors, employees and agents, as well as Horton Group’s affiliates, including, without limitation, instances where you or any third party has sued or threatened to sue Horton Group  with regard to the Website.

7. Intellectual Property

Unless otherwise noted, all content on the Website is subject to intellectual-property rights including copyrights and trademarks held or licensed by Horton Group.  Subject to these Terms of Use, Horton Group grants you a non-exclusive, non-transferable, limited right to access, use and view this Website and the information thereon, including, without limitation, all text, software, scripts, source code, API, files, designs, graphics, drawings, illustrations, images, photographs, video clips, music and sounds, interactive features and/or other materials and all trademarks, service marks and trade names used at this Website and the selection and arrangements thereof (collectively, the “Website Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, download, modify or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial purpose, including, without limitation, use of the Website Content on any other website or in any environment of networked computers, or transfer the Website Content to any other person without the prior written explicit consent of Horton Group.  Except as expressly provided herein, no license to use or reproduce the Website Content is given to you and all intellectual-property rights therein are expressly reserved.  Systematic retrieval of data or other Website Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Horton Group is prohibited.

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.  

9. Privacy Policy

Registration data, if any, and other information about you is subject to Horton Group’s Privacy Policy.  By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy.

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

Horton Group, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Website.  By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Website upon issuance of a denial.

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

The Website may include links to other sites on the Internet that are owned, operated, and/or maintained by online merchants and other third parties or advertisements by third parties.  You acknowledge that Horton Group is not responsible for the availability of, or the content located on or through, any third-party site and that your use of these third-party sites is at your own risk and that it is your responsibility to take all protective measures to guard against viruses and other destructive elements.  Horton Group is not responsible for the content, operation or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Horton Group is not responsible therein.  If a third party links to the Website, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with Horton Group or the Website.  Horton Group makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk.  You assume sole responsibility for your use of third-party links. Horton Group is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

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 

The Website is operated and provided in the State of Tennessee.  As such, Horton Group is subject to the laws of the State of Tennessee.  Any legal issues arising from or related to your use of the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee.  The state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use or the use of or visit to the Website.  By using the Website, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes.  Horton Group makes no representation that the Website is appropriate, legal or available for use in other locations.  Accordingly, if you choose to use the Website, you agree to do so subject to the internal laws of the State of Tennessee.

15.  Other Terms

If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between Horton Group and you in relation to the Website.  Horton Group’s failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  The Privacy Policy and the Intellectual Property Policy are binding parts of these Terms of Use, and together with these Terms of Use constitute the entire agreement between Horton Group and you with respect to your use of this Website.  Any cause of action you may have with respect to your use of this Website or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. 

If you encounter a Website that you believe violates these Terms of Use, please visit Horton Group’s Intellectual Property Policy for instructions on how to report such violation.

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