Horizon Dynamic Web
TERMS AND CONDITIONS
Agreement states the terms and conditions under which you may use the Horizon
Dynamic Web Designs, LLC service (the "Service," "Website," or "Horizon Dynamic").
Please read this Agreement carefully before accessing and using the Service. By
using and accessing the Service, you agree that you have read and understand
this Agreement and further agree to be bound by this Agreement.
Company may revise this Agreement at any time by updating this Agreement on the
Website. You should visit this web page periodically to review this Agreement.
Your continued use of the Service means that you accept and agree to any
revisions to this Agreement.
ARTICLE I: DEFINITIONS
1.01 -- Definitions:
The following definitions shall apply:
Access: The term "access" and variants thereof (including,
without limitation, "accessing" and "accessible") shall
mean to upload to, store data in, retrieve data from or otherwise approach,
display, reproduce, frame, establish a Link to, or make use of (directly or
indirectly) through electronic means or otherwise.
Horizon Dynamic Website: The term "Horizon Dynamic Website"
shall mean any Website owned and operated by Horizon Dynamic Web Designs
without limitation to any and all Company Technology used, incorporated, stored
or accessible therein, and made accessible to Subscriber through the Internet
using the Password.
Company: The term "Company" shall mean Horizon Dynamic Web Designs
a New York limited liability corporation with an address of 7014 13th Avenue - Suite 202, Brooklyn, NY 11228 and their successors and
Company Marks: The term "Company Marks" shall mean all
trademarks, trade names, service marks and trade dress of the Company and
parent companies, subsidiaries and affiliates of the Company, including,
without limitation, "Horizon Dynamic."
Company Technology: The term "Company Technology" shall mean
any and all Technology developed by or for the Company or its affiliates.
Effective Date: The term "Effective Date" shall mean the date
the Subscriber receives the Password from the Company or accesses the Horizon
Dynamic Website, whichever occurs first
Subscriber: The term "Subscriber" shall mean the individual or
entity assigned the Password used to access the Horizon Dynamic Website.
Technology: The term "Technology" shall mean information,
data, ideas, works of authorship, computer software, source code, object code,
executable code, software libraries, documentation, databases, database
designs, data dictionaries, data models, fields, records, scripts, texts,
interfaces, interface designs, screen displays, Websites, web pages, Links,
visual works, graphic images, audio, video, compilations, formulas,
methodologies, techniques, processes, procedures, adaptations, derivative
works, computers, hardware, peripherals, components, networks, product lists,
supplier lists and customer lists.
Term: The term "Term" shall mean a period of time starting on
the Effective Date and ending on the date either party cancels the Password as
Unauthorized Access: The term "Unauthorized Access" shall mean
any access to the Horizon Dynamic Website except for access during the Term for
the exclusive purpose of viewing, browsing, retrieving, uploading and posting
information on, and requesting services of the Company through, the Horizon
Dynamic Website using the Password on behalf of Subscriber in accordance with
Unauthorized User: The term "Unauthorized User" shall mean any
individual who accesses the Horizon Dynamic Website except for Subscriber and
employees and agents of Subscriber authorized by Subscriber to access the Horizon
Dynamic Website for purposes of viewing, browsing, retrieving, uploading and
posting information on, and requesting services of the Company through, the Horizon
Dynamic Website during the Term using the Password on behalf of Subscriber in
accordance with this Agreement.
ARTICLE II: SCOPE OF USE
2.01 -- Access:
The Company hereby grants Subscriber a non-exclusive, non-transferable and
revocable license to access the Horizon Dynamic Website, during the Term,
solely for viewing, browsing, retrieving, uploading and posting information on,
and requesting services of the Company through, the Horizon Dynamic Website,
subject to the terms and provisions of this Agreement.
2.02 -- Password:
Subscriber's right to use the Horizon Dynamic Website is not transferable. Any
Password, account identifier or right given to a Subscriber to obtain
information or use the services on the Horizon Dynamic Website is not
transferable. Subscriber hereby accepts responsibility for, and shall be liable
for, all access to the Horizon Dynamic Website in connection with the Password.
Subscriber shall be responsible for the confidentiality of the Password.
Subscriber shall immediately notify the Company of any unauthorized use of
Subscriber's account or of any other breach of security related to the Password.
Modification of the Password shall be subject to the approval of the Company.
2.03 -- Unauthorized Access: Subscriber shall prevent Unauthorized Users from accessing
the Horizon Dynamic Website. Subscriber shall also prevent Unauthorized Access
to the Horizon Dynamic Website. Subscriber shall not access the Horizon Dynamic website or its secure sections
through any automated or software derived methods including, but not limited to methods of web scraping, screen scraping, web data extraction, content scraping, etc.
Horizon Dynamic reserves the right to suspend, cancel, terminate, ban or otherwise block users and user accounts that use such methods.
2.04 -- Cancellation:
The Company may cancel the Password, for convenience and in the exclusive
discretion of the Company, upon providing written notice of such cancellation
to Subscriber in accordance with Section 5.06 of this Agreement. Upon
cancellation of the Password, Subscriber shall immediately cease and desist any
and all access to and attempts to access the Horizon Dynamic Website.
2.05 -- Subscriber Submissions: Subscriber understands and acknowledges that
Subscriber is solely responsible for all information and materials submitted,
transmitted or uploaded to the Horizon Dynamic Website for purposes of using
the services provided by the Company. Subscriber represents and warrants to the
Company that all such information and material (i) is property of the
Subscriber or is provided with the express permission of the owner of such
information or material; (ii) is provided by the Subscriber in accordance with
all laws applicable to Subscriber's collection, use and transmission of such
information and material; (iii) is true, accurate, complete and current at all
times; and (iv) may be used, stored and relied upon by the Company without
liability to the Subscriber or third parties.
and Subscriber's responsibilities in connection with protecting Subscriber's
privacy, are described in the Company's Privacy
Policy, which is incorporated by reference into these
2.07 -- User Accounts: Subscribers and/or any individual shall not intentionally create, use, operate or otherwise access multiple user accounts. Subscribers and/or any individual may have no more than one (1) user account for their usage. Subscribers and/or any individual may have no more than one (1) username & password set at a given time which provides access to their one (1) user account. A single user account may not be shared by multiple individuals. Subscriber and/or any individual shall not intentionally submit fake, fictitious or fraudulent user information, including, but not limited to, using fictitious names, fictitious street addresses, fictitious phone numbers, etc. Subscriber's real name, real email address, real street address and at least one (1) real contact phone number is required to use this Horizon Dynamic Website. Fictitious or "dummy" user accounts are not permitted.
User Accounts must be logged into at least once every 6 months in order to remain in an active status. User Accounts that are inactive may be removed, disabled or otherwise limited while they remain in an inactive status. Horizon Dynamic reserves the right to manually or automatically ban, delete, limit, merge, combine or otherwise alter accounts that violate these terms and/or are otherwise deemed inactive, fictitious, shared and/or duplicates of another existing user account.
ARTICLE III: INTELLECTUAL PROPERTY
3.01 -- Ownership and Title: The content, organization, graphics, design, compilation,
magnetic translation, digital conversion, Technology and other matters related
to the Horizon Dynamic Website are the property of the Company and are
protected pursuant to applicable copyrights, trademarks and other proprietary
and intellectual property rights laws. Subscriber is licensed to use the
Company's content and services only as specifically set forth herein.
Subscriber does not acquire ownership rights to any content, document or other materials
viewed, created or downloaded through the Horizon Dynamic Website, with the
exception of Subscriber personal identifiable information or data. The Company's posting of
information or materials on the Horizon Dynamic Website does not constitute a
waiver of any right in such information and materials.
3.02 -- Unauthorized Use: Subscriber shall not copy or download any Company Technology
or any material or information from the Horizon Dynamic Website without the
prior written consent of the Company. Subscriber shall not access, modify,
reverse engineer, reproduce, display, perform or distribute, including without
limitation by framing or similar means, the Company Technology without the
prior written consent of the Company. Subscriber shall not (directly or indirectly)
promote, advertise, market or provide any Website similar to or competitive
with the Horizon Dynamic Website. Subscriber shall not intentionally create, use, operate or otherwise access multiple user accounts. Subscribers may have no more than one (1) user account for their usage. Subscriber shall
not intentionally submit fake, fictitious or fraudulent user information, including, but not limited to, using fictitious names, fictitious street addresses, etc. Subscriber's real name, real street address and at least one (1) real contact phone number is required to use the Horizon Dynamic Website.
3.03 -- Trademarks:
The Company shall retain all rights, title and ownership interests in the
Company Marks and goodwill associated therewith. Subscriber acknowledges that,
excepting the Company Marks, all other product, service and company names
mentioned in the Horizon Dynamic Website may be trademarks of their respective
3.04 -- Proprietary Information: Subscriber shall hold the Company Technology in
strict confidence and shall not access or disclose the Company Technology
except as otherwise permitted under this Agreement. Subscriber hereby
acknowledges and agrees that the Company Technology derives independent economic
value (actual or potential) from not being generally known to other persons who
can obtain economic value from its disclosure or use and not being readily
ascertainable by proper means by other persons who can obtain economic value
from its disclosure or use; is the subject of reasonable efforts under the
circumstances to maintain its secrecy; and is a trade secret as defined under
any applicable law.
3.05 -- No Contest:
Subscriber shall not contest or aid in contesting the ownership or validity of
the copyrights, trademarks, service marks and trade secrets (as applicable) of
the Company used in connection with the Horizon Dynamic Website.
3.06 -- Data Retention:
The Company shall retain the subscriber's active data in accordance with The Company's data retention policy. Data that is intentionally or accidentally deleted by the subscriber or the subscriber's users shall not be considered
active data and, upon deletion by the user, will be immediately purged by The Company and not retained further. The Company offers additional services for an additional fee that may extend this data retention period
should the subscriber choose to purchase these optional add-on services. The Company's data retenion policy for individual items can be found here: https://horizonwebref.com/kb/articles/378405
ARTICLE IV: WARRANTY AND INDEMNIFICATION
4.01 -- Express Warranties: Subscriber hereby acknowledges and agrees that the Company
(including officers, employees, agents, directors and independent contractors
of the Company) has not made or granted to Subscriber any express warranties
concerning the Horizon Dynamic Website or any products and services offered
through the Horizon Dynamic Website. Subscriber hereby acknowledges that the use
of the Horizon Dynamic Website does not constitute the grant of an express
warranty concerning any products and services offered through the Horizon
Dynamic Website and Subscriber hereby waives any and all claims of any such
4.02 -- WARRANTY LIMITATION: THE HORIZON DYNAMIC WEBSITE, AND ALL INFORMATION AND
SERVICES CONTAINED OR PROVIDED THEREIN, ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
HEREBY DISCLAIMS AND SUBSCRIBER HEREBY WAIVES ALL WARRANTIES BY THE COMPANY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS IN CONNECTION WITH THE HORIZON
DYNAMIC WEBSITE AND PRODUCTS AND SERVICES OFFERED THROUGH THE HORIZON DYNAMIC WEBSITE.
THE COMPANY DOES NOT WARRANT AND SUBSCRIBER HEREBY WAIVES ANY WARRANTY THAT USE
OF OR ACCESS TO THE HORIZON DYNAMIC WEBSITE BY SUBSCRIBER WILL BE UNINTERRUPTED
OR ERROR FREE. THE COMPANY DOES NOT MAKE ANY WARRANTY, AND SUBSCRIBER HEREBY
WAIVES ANY AND ALL WARRANTIES, AS TO THE RESULTS OBTAINED FROM USE OF THE HORIZON
DYNAMIC WEBSITE OR SERVICES, OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR
RELIABILITY OF THE HORIZON DYNAMIC WEBSITE. SUBSCRIBER HEREBY ACKNOWLEDGES AND
AGREES THAT USE OF THE INTERNET AND THE HORIZON DYNAMIC WEBSITE SHALL BE AT THE
SOLE AND EXCLUSIVE RISK OF SUBSCRIBER AND SUBJECT TO THE RESTRICTIONS, TERMS
AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND CODES OF
CONDUCT GOVERNING THE INTERNET AND THE HORIZON DYNAMIC WEBSITE.
4.03 -- Limitation of Liability: The Company shall not be liable for any lost
profits or consequential, exemplary, incidental or punitive damages (including,
without limitation, in connection with (i) use, performance or operation of the
Horizon Dynamic Website; (ii) use, performance or operation of the Internet or
use of the Internet by Subscriber; (iii) loss of data; and (iv) products and
services offered through the Horizon Dynamic Website), regardless of the form
of action, whether in contract or in tort, including negligence, and regardless
of whether the Company has been advised of the possibility of such damages in
advance or whether such damages are reasonably foreseeable.
4.04 -- Limitation of Damages: the sole remedy of subscriber for any reason and
for any cause of action whatsoever in connection with this agreement, and
products and services offered through the Horizon Dynamic Website, regardless
of the form of action, whether in contract or in tort, including negligence,
shall be refunds of amounts paid to the Company, as determined by the Company.
4.05 -- Indemnification: Subscriber shall release, defend, indemnify and hold
harmless the Company (including its officers, directors, employees, affiliates,
contractors and agents) from and against any expense, loss, cost or liability
(including, without limitation, attorney fees and paralegal fees) arising from
any and all claims, demands, damages or actions resulting from or related to
(i) misuse by Subscriber of the Horizon Dynamic Website or products or services
offered through the Horizon Dynamic Website (including, without limitation, any
claims for breach of contract, loss of data, libel, slander, invasion of
privacy or false advertising); (ii) Subscriber's negligence or any tortious
acts (or failures to act) of Subscriber; and (iii) any breach by Subscriber of
the obligations of Subscriber under this Agreement.
4.06 -- Links:
Subscriber hereby acknowledges that the Horizon Dynamic Website may contain
Links to third party Websites. Any such Links are provided solely as a
convenience to Subscriber and do not constitute an endorsement by the Company
of such Websites and the third party content therein.
ARTICLE V: Digital Millennium Copyright Act (DMCA)
Horizon Dynamic abides by
the federal Digital Millennium Copyright Act (DMCA) by responding to notices of
alleged infringement that comply with the DMCA and other applicable laws. As
part of our response, Horizon Dynamic will act expeditiously to remove or
disable access tor material on the web site that is claimed to be infringing.
Horizon Dynamic does not
control content hosted on third party websites, and cannot remove content from
sites it does not own or control. If you are the copyright owner of content
hosted on a third party site, and you have not authorized the use of your
content, please contact the administrator of that website directly to have the
Before serving either a
Notice of Infringing Material or Counter-Notification, you may wish to contact
a lawyer to better understand your rights and obligations under the DMCA and
other applicable laws. The following notice requirements are intended to comply
with Horizon Dynamic's rights and obligations under the DMCA and, in
particular, sections 512(c) and (d), and do not constitute legal advice. Please
consult your legal counsel to confirm these requirements.
Notice of Infringing
To file a notice of
infringing material on a Horizon Dynamic Website, please provide a written
notification containing the following details:
sufficient detail to enable us to identify the work claimed to be infringed or,
if multiple works are claimed to be infringed, a representative list of such
works (for example: title, author, any registration or tracking number, URL);
sufficient detail to enable us to identify and locate the material that is
claimed to be infringing (preferably a link to the page that contains the
contact information so that Horizon Dynamic can contact you (for example, your
address, telephone number, email address);
statement that you have a good faith belief that the use of the material
identified in (2) is not authorized by the copyright owner, its agent, or the
statement that the information in the notification is accurate and, under
penalty of perjury, that you are authorized to act on behalf of the owner of
the exclusive right that is alleged to be infringed.
physical or electronic signature.
Then send this notice to:
Horizon Dynamic Web Designs, LLC.
Brian Henzel - General Counsel
PO Box 828
Canandaigua, NY 14424
Please note that under Section
512(f) any person who knowingly materially misrepresents that material or
activity is infringing may be subject to liability for damages.
ARTICLE VI: MISCELLANEOUS
5.01 -- Entire Agreement: This Agreement contains the entire understanding of the
parties relating to the subject matter hereof and supersedes all other
agreements, representations and understandings between the Company and
Subscriber with respect to the Horizon Dynamic Website, the content, products
or services provided by or through the Horizon Dynamic Website, and the subject
matter of this Agreement.
5.02 -- Amendments and Modifications: This Agreement may be amended at any time from
time to time by the Company without specific notice to Subscriber. The latest
Agreement will be posted on the Horizon Dynamic Website, and Subscriber should
review this Agreement prior to using the Horizon Dynamic Website. Excepting
modifications made to any Policy Statement by the Company and modifications
made to this Agreement by the Company, any alteration, modification or
amendment of this Agreement shall be void unless such alteration, modification
or amendment is in writing and signed by an authorized representative of the
5.03 -- Severability:
If a provision of this Agreement is rendered invalid, the remaining provisions
shall remain in full force and effect.
5.04 -- Captions:
The headings and captions of this Agreement are inserted for convenience of
reference and do not define, limit or describe the scope or intent of this
Agreement or any particular section, paragraph, or provision.
5.05 -- Governing Law:
This Agreement shall be governed by the laws of the State of New York, without
regard to any rules of conflict or choice of laws which may require the
application of laws of another state, and venue shall be exclusively in Rochester,
5.06 -- Subscriber Notice
: All notices to Subscriber shall be in writing. Notices to
Subscriber shall be deemed delivered when posted conspicuously on the Horizon
Dynamic Website or when delivered to Subscriber electronically, by commercial
overnight delivery service, by certified or registered mail, return receipt
requested, or by hand. Notices to Subscriber shall be deemed given when
dispatched. Notices posted conspicuously on the Horizon Dynamic Website or
delivered to Subscriber electronically (including, without limitation,
electronic mail) shall be deemed written notices.
5.07 -- Company Notice: All notices to the Company shall be in writing. Notices to
the Company shall be deemed delivered when delivered by commercial overnight
delivery service, certified or registered mail-return receipt requested-or by
hand to the address set forth below for the Company. Notices to the Company
shall be deemed given on the date notice is received by the Company (as
evidenced in the case of certified or registered mail by return receipt).
Horizon Dynamic Web Designs, LLC
P.O. Box 828
Canandaigua, NY 14424
5.08 -- Remedies:
All remedies under this Agreement are in addition to equitable remedies and
remedies provided by law and are cumulative. The parties hereby acknowledge and
agree that damages at law will be an inadequate remedy to the Company. In
addition to remedies at law and other rights which may be available, the
Company shall have the right of specific performance, injunction or other
equitable remedy (including, without limitation, the right to such equitable
remedies prior to or pending arbitration) in the event of a breach or
threatened breach of this Agreement by Subscriber.
5.9 -- Waiver:
Waiver of a breach of this Agreement shall not constitute a waiver of any other
breach. Failure to enforce any provision of this Agreement shall not constitute
a waiver or create an estoppel from enforcing such provision. Any waiver of a
provision of this Agreement shall not be binding unless such waiver is in
writing and signed by the waiving party.
5.10 -- Survival:
The terms and provisions of this Agreement shall survive cancellation of the
5.11 -- Public Announcements: All public announcements concerning the Company
or the relationship of Subscriber and the Company shall be subject to the prior
written approval of the Company
5.12 -- Arbitration:
Any controversy or claim arising out of or relating to this Agreement, or
breach thereof, shall be settled by arbitration in accordance with the
Arbitration Rules of the American Arbitration Association in Rochester, New
York. Judgment upon the award rendered by the arbitrators may be entered in any
court having jurisdiction thereof.
5.14 -- Litigation Expense
: In the event of litigation or arbitration arising out of or
relating to this Agreement, each party shall pay its own costs and expenses of
litigation or arbitration (excluding fees and expenses of arbitrators and
administrative fees and expenses of arbitration).