Terms of Use

Last Updated: June 23, 2024 

Welcome to the Horizon Technology (the “Company”) website available at www.horizontechnology.com (“Site”). The Company provides a range of data center storage and server hardware services to our client base in the United States and overseas. Please read the following terms and conditions (the “Terms of Use”) carefully before using the Site.   

 By accessing the Site, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Site. We recommend that you keep a printed copy of these Terms of Use for future reference. The Company Privacy Policy is incorporated by reference into these Terms of Use. 

 These Terms of Use and the information provided herein in no way override any prior terms and conditions. We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. We will notify you of any material changes to these Terms of Use in several possible ways, for example:  

• By posting a notice on the homepage of the Site for a reasonable period of time after such changes are made  
• By emailing you notice of such changes to the email address on file (if applicable)  
• By changing the “Last Updated” date at the top of this webpage.  

 You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the Site by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions. Please also read our Privacy Policy, which also governs your use of this Site. 

A Special Note About Children 

This Site is not designed or intended for use by children under 13. If you are under 18, you should use the Site only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it immediately. 

Intellectual Property Ownership and Use  

As you access and interact with the Company’s website, your use of the website is subject to laws governing intellectual property, which include the Company’s trademarks, copyrights, and any other proprietary material.  

For users outside the United States: The Company’s website is hosted in the United States and is primarily intended for and directed to users within the United States. However, international users are welcome to visit the website. By using the Company’s website, you agree to comply with all local laws regarding online conduct and acceptable content and you are subjecting yourself to the laws and jurisdiction of the United States should any dispute arise concerning your use of the Company’s website. 

Trademarks & Copyright

 Unless otherwise noted, all materials including, but not limited to, articles, images, illustrations, designs, icons, photographs, video clips, written content, and other materials that appear as part of the Site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Company. The Site in its entirety is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Company. 

Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of Company or the respective copyright/trademark owner. Company authorizes you only to view, and not download, these copyright and trademark materials for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original materials. 

The material and content accessible from this Site, and any other site owned, operated, licensed, or controlled by Company, is the proprietary information of Company or the party that provided or licensed the content to Company, whereby such providing party retains all rights, titles, and interests in the content. You may 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. Modification or use of the content except as expressly provided in these Terms of Use violates the Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site. 

Linked Third Party Sites

 You may be able to link (through various methods including hyperlinks, clickable images or words, banners, and widgets) from the Company’s Site to third-party websites, applications, and services, and third-party websites may link to the Company’s Site (“Linked Sites”).  

Linked Sites are not operated, controlled, or maintained by the Company, and you acknowledge and agree that the Company has no responsibility for any information, content, advertising, products, services, or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval, or sponsorship thereof by the Company.  

The Company disclaims all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide, and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences. You should read the terms and conditions and privacy policies available on such Linked Sites. 

Optional Tools

The Company may provide you with access to third-party tools over which the Company neither monitors nor has any control nor input. You acknowledge and agree that the Company provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). The Company may also, in the future, offer new services and/or features either through or indicated on the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use. 

Non-Confidential Information

 Except for information necessary to establish contact or engage in product and service offerings with the Company, please do not send to us any confidential or proprietary information through the Site. Any information, materials, suggestions, ideas, or comments sent to the Company will be considered non-confidential, and by submitting it, you grant the Company the absolute right to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, the Company will not use your name unless required by law to identify the source of the materials, information, suggestions, ideas, or comments, or unless the Company first obtains your permission.  

The Company shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. The Company retains the right, in its sole discretion and without prior notice, to remove, revise, or refuse to post any user content for any reason or no reason. 

Errors and Inaccuracies

 The Company endeavors to provide accurate, complete, and up-to-date information on its Site. However, the information may occasionally contain typographical errors, inaccuracies, or omissions, particularly concerning the editorial content or services offered. It is also possible that some information might not always be complete or current. The Company reserves the right to correct any errors, inaccuracies, or omissions and to update information at any time without prior notice. The Company does not undertake any obligation to update, amend or clarify information on the website, except as required by law. 

Force Majeure

In the event of a force majeure, the Company is not obligated to fulfill its obligations under these Terms of Use. During such a force majeure event, the Company may choose to either (a) suspend its obligations for the duration of the state of force majeure or (b) terminate these Terms of Use without any liability to any party.  

Events of force majeure include all circumstances beyond the Company’s control that make fulfilling its obligations wholly or partially impossible, which include, but are not limited to, natural disasters, war, government sanctions, pandemics, strikes, fires, disruptions of energy supplies or telecommunication networks or communication systems, and/or the temporary downtime of the Company’s website.  

Disclaimer of Liability

The Company provides no representations, warranties, or guarantees of any kind, whether express or implied, regarding the Site, its content, or the information available on or through it; all of which are provided “as is,” with all faults. 

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, USE, DATA, OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. 

The Company assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property due to your access to, use of, browsing of the Site, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. 

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Company’s liability shall be limited to the extent permitted by law. 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, including its subsidiaries, affiliates, and vendors, as well as each of their directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to, or in connection with your use of the Site including, but not limited to, (i) your violation of these Terms of Use, (ii) any misuse of the content or services provided through the Site, (iii) any unauthorized use of the Site’s content or services for commercial gain, (iv) any harm caused to a third party as a result of your use of the Site, or (v) any other activities related to your access to or use of the Site that could legally implicate the Company. 

Security

Violations of system or network security may result in civil or criminal liability. The Company reserves the right to investigate occurrences that may involve such violations and to prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: 

• accessing data not intended for you or logging onto a server or account which you are not authorized to access; 
• attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); 
• attempting to interfere with the operation of the Site, our provision of services to any other visitors to the website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site; and 
• forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Site. 

Geographical Use

Although the Site operated by the Company may be accessible worldwide, the Company makes no representation that materials on this Site or the services provided through this Site are appropriate or available for use in locations outside the United States of America. The Company primarily serves clients with a presence in the United States and makes no claims that the Site or its content is accessible or appropriate outside of the United States. Access to the services from the Company may not be legal by certain persons or in certain countries. If you access the Company’s services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws applicable to your location. 

Mediation

Mediation is a process under which the Company and its clients submit any disputes arising from or relating to the use of the Site or the Company’s services to an impartial, neutral mediator. The mediator’s role is to facilitate a mutually acceptable resolution of the dispute, without having the authority to impose a solution on the parties. The Company agrees to engage in good faith with the client to mediate any dispute before resorting to arbitration or any other legal remedy. Should mediation be pursued, any fees associated with the process shall be divided equally between the Company and the client, unless mutually agreed otherwise. The parties will select a mediator experienced in technology hardware services, and mediation will take place at a location to be mutually agreed upon, or remotely via teleconference if necessary. 

Arbitration

 Any controversy or claim arising out of, or relating to, this contract or the breach thereof, shall be settled by arbitration, in accordance with the laws of the state of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof. 

 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. 

Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 

Governing Law and Jurisdiction

These Terms of Use, the Privacy Policy and any separate agreements whereby the Company provides you services shall be governed by the laws of the state of California. The parties agree exclusive jurisdiction shall be in Orange County, California for any and all issues arising out of the Terms of Use or any related documents or transactions. 

Miscellaneous

The Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any other policies or operating rules posted by the Company on the Site or in respect to the Site constitutes the entire agreement and understanding between you and the Company and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the Company (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.  

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use; such determination shall not affect the validity and enforceability of any other remaining provisions.  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of the Terms of Use or your use of the Site. You may not assign the Terms of Use or any of your rights or obligations under the Terms without the Company’s express written consent. The Terms of Use inure to the benefit of the Company’s successors, assigns, and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.