1. Your Acceptance
- By using and/or visiting this website (collectively, including all content and functionality available through the horizoncharterschool.org domain name, the “Horizon Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms”), (2) Horizon ‘s privacy notice, found at http://www.horizoncharterschools.org/privacy-statement.html and also incorporated here by reference. If you do not agree to any of these Terms, the Horizon privacy notice, please do not use the Horizon Website.
- Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version at http://www.horizoncharterschools.org. Horizon may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Your Account
- In order to access some features of the Website, you will have to create a Horizon account. You may never use another’s account without permission. In order to create an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you are required to keep your account password secure. You are obliged to immediately notify Horizon of any breach of security or unauthorized use of your account.
- Horizon will not be liable for your losses caused by any unauthorized use of your account, however, you may be liable for your losses or losses of others if an unauthorized use of your account occurs.
3. General Use of the Website—Permissions and Restrictions
Horizon hereby grants you permission to access and use the Website as set forth in these Terms, provided that:
- You agree not to distribute in any medium any part of the Website, including but not limited to Postings (defined below), without Horizon’s prior written authorization.
- You agree not to alter or modify any part of the Website.
- In your use of the website, you will otherwise comply with the terms and conditions of these Terms, and all applicable local, national, and international laws and regulations.
- Horizon reserves the right to discontinue your use of the Website or remove your account at any time. No refund or explanation will be provided.
4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Horizon Website.
- The content on the Horizon Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Horizon, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Horizon reserves all rights not expressly granted in and to the Website and the Content.
- You may access Horizon Content, only as permitted under this Agreement. Horizon reserves all rights not expressly granted in and to the Horizon Content.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, for any commercial purposes.
5. Account Termination Policy
Horizon will terminate a User’s access to its Website if, they are determined to have violated any of these Terms.
6. Links to Third Party Sites
The Website contains links to websites operated by parties other than the Website. Such links are provided for your convenience only. Horizon and the Website does not control such websites, and is not responsible for their contents. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
7. Third Party Content
Horizon is a distributor (and not a publisher) of content supplied by third parties and users of the site. Accordingly, Horizon has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Horizon. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Horizon neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Horizon employee spokespersons while acting in their official capacities.
8. Limitation of Liability
IN NO EVENT SHALL HORIZON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HORIZON WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE WEBSITE IS CONTROLLED AND OFFERED BY HORIZON FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. HORIZON MAKES NO REPRESENTATIONS THAT THE HORIZON WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE HORIZON WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE HORIZON WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HORIZON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HORIZON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT, THE POSTINGS, OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR POSTINGS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HORIZON WEBSITE. HORIZON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY STATEMENT MADE BY A THIRD PARTY THROUGH THE HORIZON WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HORIZON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND THIRD-PARTY.
You agree to defend, indemnify and hold harmless Horizon, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Horizon Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you may have posted to the Website caused damage to a third party.
11. Ability to Accept Terms
You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Any rights and licenses granted hereunder, may not be transferred or assigned by you to anyone, but may be assigned by Horizon without restriction.
You agree that: (i) the Horizon Website shall be deemed solely based in California; and (ii) the Horizon Website shall be deemed a passive website that does not give rise to personal jurisdiction over Horizon, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Horizon that arises in whole or in part from the Horizon Website shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. These Terms, together with the Privacy Notice at http://www.horizoncharterschools.org/privacy-statement.html and any other legal notices published by Horizon on the Website, shall constitute the entire agreement between you and Horizon concerning the Horizon Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Horizon’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Horizon reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Horizon Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
YOU AND HORIZON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HORIZON WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.