By using and/or visiting the Services, including all Content (as defined below), and accessing associated content such as email operated by Horbaach, You signify Your agreement to these Terms. Horbaach has a principal place of business at 2215 Renaissance Drive, Suite B, Las Vegas NV 89119 . You acknowledge that (a) You have read and understood these Terms; and (b) these Terms have the same force and effect as an agreement signed by You.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms, and to abide by and comply with these Terms. If You are accepting this agreement on behalf of Your employer or other entity, You affirm that You have the authority to accept this agreement on its behalf.
We reserve the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Services. YOU AGREE THAT HORBAACH SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PORTION OF THE SERVICES). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. We may change these Terms at any time. Please review the Terms each time You visit the Services. If We have Your email address, We may, but are not obligated to, notify You of material changes to the Terms via email. If We do not have Your email address, We will update this page to reflect any changes to the Terms.
There may be special terms that apply to some features offered through the Services, such as subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service or product offering. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms. Your participation in the contests, sweepstakes or Your use of those features constitutes Your acceptance of the rules and special terms applicable to those features.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which You hereby acknowledge. Without limiting the generality of the foregoing, You acknowledge that such consideration includes Your use of the Services and receipt of data, materials and information available at or through the Services, the possibility of our use or display of User Submissions (as defined below) and the possibility of the publicity and promotion from our use or display of User Submissions.
Your License to Access and use the Services and Ownership
The content, information, software, designs, materials, functions and data included in and contained on the Services (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when You Use the Services. It is Your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from our website. By placing an order, You represent that the products ordered are for your personal use, not for further distribution and will be used only in a lawful manner.
Unless indicated to the contrary and subject to Your strict compliance with these Terms, You may access and use the Services only for Your personal, non-commercial use, or in connection with Your authorized purchase or sale of our products. In connection with these uses, Company grants You a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Services on a personal computer, mobile device or other Internet enabled device (each, an “Internet Device”), provided that You: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests Your association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Services is prohibited.
In the event that We offer downloads of software on a Service and You download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to You by Us or third-party licensors for Your personal, non-commercial use only. Your use of the Software may be governed by additional terms, which may be included with the Software. Please carefully read any additional terms to determine the full extent of conditions governing Your use of such Software. We do not transfer title to the Software to You. You may not copy, reproduce, distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Note that by installing certain applications that may be available via the Services, You are consenting to the download of Software to Your Internet Device, and You are accepting these Terms and any additional terms related to such application.
We reserve all rights in the Content and the Services that We do not specifically grant in these Terms. Without limitation, You may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Services or any Content unless You obtain our prior written approval. You also may not use the Services in a way that could harm Us or any third party. For example, You may not use the Services in a way that could:
– damage or interfere with the proper working of the Services;
– intercept any Content or information that We have not intentionally made available to You or defeat any access controls that We have implemented;
– give You access to the Services or Content Using any interface other than the interface that We provide, or attempt to “scrape” or “harvest” Content, except if You use a “robot” program in connection with a bona fide internet search engine and We do not instruct You not to access the Services using that program;
– frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between Us and any other party;
– convey unauthorized claims about the curative or health enhancing effects of our products or suggest that We have made such claims;
– or otherwise adversely impact the operation of the Services, the Company, or any third party.
In addition to our other legal rights, We may limit or terminate Your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to You, including our belief You violated these Terms.
Registration and Access Restrictions
You may be required to register for an account with us in order to use certain features of the Services. If You elect to take advantage of such features, You must register through the Services by completing the applicable registration form to create Your account with a unique username and password. The decision to provide this information is purely optional; however, if You elect not to provide such information, You may not be able to access certain Content or participate in certain features of the Services. You agree to: (a) provide true, accurate, current and complete information about Yourself when We request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only Using access credentials that We have issued to You; and (d) exit Your account at the end of each session in which You have logged-in to the Services.
We believe in children’s online safety and do not wish to receive information regarding children under 13 years old. Therefore, You may not post, transmit or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Services. If You are under 13 years of age, then please do not attempt to submit any information to or use the Services.
You must maintain the confidentiality of any access credentials that We issue to You. You may not share them with any other person. You must notify the Company immediately of any unauthorized use of Your credentials or any other breach of security. Even if You notify Us, You will be responsible for any activities that occur using Your access credentials, including any charges resulting from the use of Your account.
No Professional Advice or Medical Information
The Services do not provide medical advice, diagnosis or treatment. The information included on the Services is offered for informational purposes only. Some portions of the Services may allow You to submit questions either to Us or to third parties who have agreed to communicate with our users. Although We provide information about our products through the Services, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, You should never use the information You obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with Your physician or other healthcare provider if You have health-related questions before Using any of our products or relying on any information You obtain on the Services. You should discuss any medications or nutritional supplements You are Using with a healthcare provider before using any new medications or supplements. Please do not disregard or delay any medical advice based upon any information included on the Services.
The statements on the Services have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
The Services may allow You to submit, embed, display, transmit, or otherwise distribute audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When You provide User Submissions, You grant to the Company a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights You own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to You, with or without attribution, and without the requirement of any permission from or payment to You or any other person or entity, and (ii) to use Your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to You. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, You hereby waive, and You agree to waive, any moral rights (including attribution and integrity) that You may have in any User Submissions, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such rights (if any) in a manner that interferes with our exercise of the granted rights. You understand that You will not receive any fees, sums, consideration, or remuneration of any kind for any of the rights granted in this Section.
On Horbaach social media sites, You further represent and warrant that You have the permission of any individuals depicted in photographs, videos or recordings that You submit to the Services to use their likeness and/or voice, as well as all other legal rights necessary to grant the license above to Horbaach.
In Your communications with Company, please keep in mind that the Company does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, books, etc. (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials You post on or send to Us via the Services are deemed User Submissions and licensed to Us as set forth above. In addition, Company retains all of the rights held by members of the general public with regard to Your Unsolicited Ideas and Materials. The Company’s receipt of Your Unsolicited Ideas and Materials is not an admission by Company of their novelty, priority, or originality, and it does not impair the Company’s right to contest existing or future intellectual property rights relating to Your Unsolicited Ideas and Materials. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Unsolicited Ideas and Materials. The Company will not pay or otherwise compensate You for any of Your ideas or materials in any communications with Us, whatsoever.
By providing User Submissions through the Services, You represent, warrant and covenant that You own those User Submissions or otherwise have the right to grant to Us the rights described in this section. You further represent, warrant and covenant that the User Submissions:
– will be truthful, complete and accurate and will comply with these Terms and all applicable laws;
– will be original, with Your having the right, or all necessary rights from third parties in order, to post the User Submissions on our Services, without the need for any permission from or payment to any other person or entity to exploit, and to authorize Us to exploit, such User Submissions in all manners contemplated by these Terms;
– will be respectful of others’ opinions so We can continue to offer interactive features for everyone to enjoy;
– will not cause injury to any person or entity, including as Used by Us in accordance with these Terms;
– will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
– will not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
– will not impersonate any other person, User, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents Your identity or affiliation with a person or company;
– will not include other people’s personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to identify, track, contact, or impersonate that individual;
– will not contain software viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of the Services or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of “spam;”
– will not contain, advertise or promote a product or service or include advertising or other commercial material, except with our prior written consent.
We may refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these Terms or be otherwise objectionable. However, We will have no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of, User Submissions, and You agree that neither We nor our employees or agents will be liable for User Submissions or any loss or damage to You and any other person or entity resulting directly or indirectly from User Submissions.
You are solely responsible for Your interaction with other Users of the Services, whether online or offline. You are and shall remain solely responsible for the User Submissions You distribute on or through any Services and for the consequences of submitting and posting same. You should be skeptical about information provided by others, and You acknowledge that the Use of any User Submission is at Your own risk. We are not responsible or liable for the conduct of any User or content of any User Submission. We do not endorse the opinions, advice or recommendations posted or sent by Users in any User Submission, and We specifically disclaim any and all liability in connection therewith. We reserve the right, but have no obligation, to monitor or become involved in disputes between You and other Users. Exercise common sense and Your best judgment in Your interactions with others (e.g., when You submit any personal or other information) and in all of Your other online activities. If You discover any content that violates these Terms, then You may report it to: firstname.lastname@example.org.
We cannot and do not assure that other Users are or will be complying with the foregoing or any other Terms, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE HORBAACH PARTIES (AS DEFINED BELOW) WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE HORBAACH PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICES.
Comments made on the Services by other users are strictly their own personal opinions, made in their own personal capacity, and are not claims made by Us, and do not represent our opinion on any matter. Product ratings posted by users of the Services are strictly their own personal views, made in their own personal capacity, based on their own individual experiences, are not claims made by us, and are not intended as a substitute for medical advice.
Links to Third Party Site
The Services may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by Horbaach. Horbaach has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party Websites or online services or any association with their operators. In addition, Horbaach will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICES, YOU EXPRESSLY RELEASE HORBAACH, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE HORBAACH PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICESS AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD-PARTY. Accordingly, We encourage You to be aware when You leave the Services and to read the terms and conditions of Use for each other website or online service that You visit.
Except as You have otherwise agreed with Horbaach in writing, You may link to the Services from Your website, subject to the following: (1) You may not frame the Services or any portion of the Services; (2) You will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Horbaach name and not any Horbaach logo; (4) You may not use any Horbaach logo in any way; (5) You may not use the link in any way that suggests that Horbaach is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Horbaach or damages its rights, reputation, or goodwill; and (7) We may terminate Your right to link to the Services at any time for any reason or no reason without any notice to you.
The Services allow You to purchase products or services. To purchase any products or services through the Services, You must: (a) be at least eighteen years of age, (b) provide Us with valid payment information associated with a credit card or other payment method that You are authorized to use, and (c) authorize Us to charge Your credit card or other payment method for the price of the products or services that You request, together with any taxes, fees, or shipping charges described on the Services.
We stand behind the products and services that We sell, and We will list the return policy that will apply to purchases from the Services. In general, We accept returns for a limited period of time following a purchase, and Your sole remedy if You are dissatisfied with a product that You have purchased through the Services will be to return the unused portion of the product for a refund. After the return period has expired, all sales are final, and We will not accept returns or issue refunds. Please see our Return Policy [Provide Link] for further details.
In offering product descriptions, answers or recommendations on the Services, We attempt to be accurate, but We do not warrant that any product description, answer or recommendation is accurate, error-free, complete or not out of date, nor do We represent that any product will diagnose, treat, cure, or prevent any disease. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current state of any information on the Services. If You receive a product and believe that it materially differs from the product description, Your sole remedy will be to return the product to Us for a refund in accordance with our Return Policy. Likewise, We attempt to list the current price for each product that We sell, but a product may be mispriced. In these cases, We will notify You of the corrected price before shipping and will either cancel Your order or give You an opportunity to cancel Your order or decide to keep Your order.
Coupons and promotional codes provided to You are for Your individual use only. You may not transfer, reproduce, trade, offer for sale, publish or otherwise share the Company coupons and promotional codes. We reserve the right to cancel orders when We have reason to believe that any coupon or promotional code is being Used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in our sole discretion. Coupon codes and promotional codes are not valid on prior purchases.
When You access or Use the Services, send e-mails to Us, or receive electronic communications from Us, You are, and consent to, communicating with the Company electronically. We may communicate with You by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to You electronically satisfy any requirement that such communications be in writing.
Domestic use; Export Restriction
We control our website from our offices within the United States of America. We make no representation that the Services, the website or their contents (including, without limitation, any products or services available on or through the Services) are appropriate or available for use in other locations. Users who access the Services from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from our website may be downloaded in violation of United States law.
Copyright Infringement Notice
We respect the intellectual property rights of others. If You believe that Content on the Services violates Your copyright, please send Us a notice to Horbaach Manufacturing , LLC, 2215 Renaissance Drive, Suite B, Las Vegas NV 89119, Attention: General Counsel or email Us at email@example.com.
This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.
Your notice must include:
– a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
– identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Us to locate the material;
– information reasonably sufficient to permit Us to contact the complaining party;
– a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C.§512(c)(3)), We will act expeditiously to investigate the matter fully, and if appropriate will remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. HORBAACH HAS ATTEMPTED TO MAKE THE SERVICES AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE HORBAACH PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICES OR THE CONTENT. THE HORBAACH PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TERMS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE HORBAACH PARTIES RELATING TO THE SERVICES, THE CONTENT, USER SUBMISSIONS, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE HORBAACH PARTIES, AND ANY AGREEMENT WITH A THIRD-PARTY.
WITHOUT LIMITING THE FOREGOING, THE HORBAACH PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SERVICES WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY HORBAACH; THAT SERVICES ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE PCI COMPLIANT. THE HORBAACH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY, AND/OR (VI) 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 SERVICES.
In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to You.
Limitation of Liability
IN NO EVENT SHALL THE HORBAACH PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICES OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICES, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE HORBAACH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE HORBAACH PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICES, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM HORBAACH’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (4) UNAUTHORIZED ACCESS TO OR USE OF THE HORBAACH PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICES; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HORBAACH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE HORBAACH PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE HORBAACH PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OR IN RELATION TO THE SERVICES, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO THE MONEY YOU PAID TO US DURING THE THREE MONTHS PRECEDING YOUR INITIATION OF THE CLAIM OR DISPUTE. (SUCH A REFUND, IN ANY CASE, WILL BE GOVERNED BY THE APPLICABLE REFUND POLICY AND THE TERMS OF SALE SPECIFIED ON THE SERVICES OR IN THESE TERMS).
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to use of the Services must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Services are controlled and offered by Horbaach from its facilities in the United States of America. We make no representation that Content on any Services is appropriate or available for use in any particular location. Those who access or use the Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HORBAACH PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES INCURRED BY ANY OF THE HORBAACH PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE HORBAACH PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICES; (2) YOUR BREACH OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICES; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR EMAIL ADDRESS. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Us in the defense of such matter. You may not settle any claim covered by these Terms or admit any liability on the part of the Company without the Company’s prior written approval.
IF THE HORBAACH PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE HORBAACH PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO HORBAACH.
Jurisdiction and Venue
The laws of the State of New York govern these Terms and govern any dispute of any sort that may arise between You and the Company or its affiliates, without regard to conflict of laws rules of any other jurisdiction. You irrevocably consent to the jurisdiction of the state and federal courts located in or serving Suffolk County, New York for any action relating to the Services or these Terms. Notwithstanding any other provision of these Terms, We may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, You must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, You will waive the claim or action.
Entire Agreement; Severability; No Waiver
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
How to Contact Us
If You have any questions or comments about these Terms or the Services, please contact Us by:
Mail: Horbaach Manufacturing LLC, 2215 Renaissance Drive, Suite B, Las Vegas NV 89119, Attn: Customer Service.
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Last Updated: November 27, 2018