Terms and Conditions
10749 108th Ave N,
Hanover MN 55341
Effective Date: July 21, 2021
This page represents a legal document and contains the Terms and Conditions (“Terms and Conditions”) for our website, www.hrizons.com, collectively and herein after called “Platform”, and your access, and use of the Platform.
The terms “HRIZONS”, “us”, “we”, and “our” refer to our company HRIZONS, LLC, the owner of the Platform.
“You” or “User” is someone who merely accesses and/or uses the Platform, including any content, functionality, and services offered on or through the Platform.
All text, information, graphics, design, and data offered through our Platform, whether produced by you or by us, are collectively known as our “Content”.
Acceptance of Agreement
These Terms and Conditions are an agreement between you and HRIZONS and governs your access and use of the Platform and Content. Your access and use of the Platform constitutes your acceptance of these Terms and Conditions. Except as otherwise noted, these Terms and Conditions constitutes the entire and only agreement between you and HRIZONS and supersedes all other Agreements, representations, warranties, and understandings with respect to the Content, our Platform, and the subject matter contained herein. However, for you to use our Platform, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into these Terms and Conditions unless otherwise stated.
THESE TERMS AND CONDITIONS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR PLATFORM CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY AND DO NOT USE THEM ANY FURTHER.
Our Privacy Notice is considered part of these Terms and Conditions and is available for your review by clicking on https://hrizons.com/privacy-notice/.
HRIZONS grants you a nonexclusive, nontransferable, revocable license to access and use our Platform strictly in accordance with these Terms and Conditions. Your use of our Platform is solely for internal, personal, noncommercial purposes unless otherwise provided for in these Terms and Conditions.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Platform, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and HRIZONS.
Our Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by HRIZONS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement permits you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print [or download] one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
· Modify copies of any Content from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
· You must not access or use for any commercial purposes any part of the Platform or any Content, services or materials available through the Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms and Conditions, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Our Platform may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Platform does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of HRIZONS. A list of trademarks and service marks can be found on our copyright page here: https://hrizons.com/copyright-notice/
Accessing the Platform and Account Security
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Platform.
· Ensuring that all persons who access the Platform through your internet connection are aware of these Terms and Conditions and comply with it.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms and Conditions.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Platform will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Platform will be correct, accurate, timely, or otherwise reliable. HRIZONS reserves the right at our sole discretion to change any content, software, and other items used or contained in our Platform at any time without notice.
Our Platform sometimes publishes content supplied by Users and other third parties. HRIZONS has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including Users of our Platform, are those of the respective author(s) and not of HRIZONS. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
Our Platform may be temporarily unavailable from time to time for maintenance or other reasons. HRIZONS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
HRIZONS is not responsible for any technical malfunction or other problems of any network or service, computer system, ISP, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Platform, including, without limitation, any software provided through our Platform.
Under no circumstances will HRIZONS be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Platform, or any interactions between Users of our Platform, whether online or offline.
Reference to any third party products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Platform or by any of the equipment or programming associated with or utilized by our Platform.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PLATFORM ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
HRIZONS INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PLATFORM. HRIZONS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. HRIZONS DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PLATFORM, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PLATFORM, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR PLATFORM AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HRIZONS.
OUR PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR PLATFORM WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Limitation of Liability
IN NO EVENT WILL HRIZONS OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR PLATFORM, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR PLATFORM, EVEN IF HRIZONS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Information
You grant HRIZONS an unlimited, royalty free license to use any information and materials you post to our Platform (“User Content”). By posting, displaying, transmitting, performing, or otherwise distributing User Content to our Platform, you are granting HRIZONS, its officers, directors, employees, agents, consultants, representatives, and affiliates, a unlimited, royalty free license to use the User Content in connection with the operation of the business of HRIZONS, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat User Content. You understand and agree that you will not be compensated for any User Content. By posting User Content on our Platform, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.
As a User, you agree not to use our Platform to do any of the following:
A. Upload, post, or otherwise transmit any User Content that:
· Violates any local, state, federal, or international laws;
· Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
· Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable;
· Links directly or indirectly to any materials to which you do not have a right to link;
· Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
· Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Platform;
· Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
In the sole judgment of HRIZONS is objectionable or restricts or inhibits any other person from using or enjoying our Platform, or which may expose HRIZONS, our affiliates, or our Users to any harm or liability of any type.
B. Use our Content to:
· Develop a competing Platform;
· Create compilations or derivative works as defined under United States copyright laws;
· Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism; or
· Decompile, disassemble, or reverse engineer our Platform, and any related software.
We reserve the right to investigate complaints or reported violations of these Terms and Conditions and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Platform
You may provide links to our Platform provided that (a) you do not remove or obscure any portion of our Platform by framing or otherwise, (b) your services do not engage in illegal or pornographic activities, and (c) you cease providing links to our Platform immediately upon our request.
Links to Other Websites
Our Platform may from time to time contain links to third-party websites. Inclusion of links for any website on our Platform does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
HRIZONS has no control over the legal terms and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You agree to defend, indemnify, and hold harmless HRIZONS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Platform and Content, including, but not limited to, your User Content, any use of the Platform’s Content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Platform. these Terms and Conditions
Severability and Survival
Should any part of these Terms and Conditions be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions will take precedence. Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under these Terms and Conditions will survive any termination of these Terms and Conditions.
Changes to These Terms and Conditions
We reserve the right to change these Terms and Conditions at any time and without notice posting changes on our Platform. Your continued use of our Platform after any change will constitute your acceptance of the revised Agreement.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Minneapolis, Minnesota, and will be governed by and construed in accordance with the laws of the State of Minnesota, USA, without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Platform must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Any legal controversy or claim arising from or relating to these Terms and Conditions and/or our Platform, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – intellectual property and our Platform, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Minneapolis, Minnesota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Minneapolis, Minnesota necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.