Disclaimer
1. Subscriber Conduct
You understand that all information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. Horizon is not liable in any way for your use of the Portal or for any loss or damage of any kind incurred as a result of the use of the Portal. You agree to not use the Portal in any manner that intentionally or unintentionally violates any applicable international, federal, state or local laws or regulations. Horizon may, in its sole discretion, terminate your use of the Portal, for any reason and without notice or liability to you or any third party, including, without limitation, if Horizon believes that you have violated or acted inconsistently with the letter or spirit of this Disclaimer.
2. Indemnity
By accessing and using the Portal, you agree to indemnify and hold Horizon, its affiliates, officers or other partners, agents and employees, harmless for any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Portal, your connection to the Portal or your violation of this Disclaimer or any federal, state or local laws or regulations.
3. Modifications to the Portal
Horizon may at any time and from time to time modify or discontinue, temporarily or permanently, the Portal (or any part thereof) with or without notice. You agree that Horizon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Portal. Horizon has no obligation and assumes no duty to revise or update the Portal (or any part thereof) or any information that may be obtained through the Portal, even if new information becomes available for disclosure. Horizon also specifically disclaims any duty or obligation to revise the Portal (or any part thereof) in connection with any changes in federal, state, local laws or regulations.
4. Links
The Portal contains links to third party worldwide web sites and resources. Because Horizon has no control over such websites and resources, you acknowledge and agree that Horizon is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any advertising, information, products or othermaterials on or available from such websites and resources. You further acknowledge and agree that Horizon is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any goods, services or materials available on or through any such websites or resources.
Horizon
specifically disclaims any
obligation to review, test or otherwise confirm
the accuracy of any information placed on the
Portal or otherwise
obtained from any third parties.
You agree that Horizon is not responsible
or liable for any loss or damage
of any sort incurred (i) as the result
of any such dealings, or (ii) as
the result of the presence of such
third parties on the
Portal.
5.
DISCLAIMERS AND LIMITATIONS OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
(a) YOUR USE OF THE PORTAL IS AT
YOUR SOLE RISK. THE PORTAL IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS. HORIZON
EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESSED
OR IMPLIED, WITH RESPECT TO THE
PORTAL AND INFORMATION OBTAINED THROUGH
THE PORTAL, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT AND
NONINTERFERENCE WITH YOUR ENJOYMENT OF THE
PORTAL.
(b) HORIZON MAKES NO WARRANTY THAT
(i) THE PORTAL WILL MEET YOUR REQUIREMENTS,
(ii) THE PORTAL WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE
OF THE PORTAL WILL BE ACCURATE OR
RELIABLE, AND (iv) THE QUALITY OF
ANY MATERIALS, PRODUCTS AND
SERVICES WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGHOUT THE USE OF THE
PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU
WIL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM HORIZON OR THROUGH OR
FROM THE PORTAL SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS
OF USE. YOU UNDERSTAND AND AGREE THAT HORIZON
ASSUMES NO RESPONSIBILITY FOR
ANY FAILURE OF THE PORTAL,
INCLUDING BUT NOT LIMITED TO THE ACCURACY
OF ANY INFORMATION SHOWN ON THE
PORTAL, TIMELINESS, DELETION, OR FAILURE
TO STORE ANY USER COMMUNICATIONS
OR DATA. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT HORIZON SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF HORIZON
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
YOUR USE OR YOUR INABILITY TO USE
THE PORTAL OR ANY OTHER MATTER RELATING
TO THE PORTAL. TO THE EXTENT THAT
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
6.
Notice
Notices to you may be made via
either email or regular mail. You should
mail notices, including note of
any violations of this Disclaimer,
or other correspondence to us
at:
The Horizon Foundation, Inc.
10805 Hickory Ridge Road, Suite 215
Columbia, Maryland 21044
email: