Last Updated on July 14, 2020 Version 07142020
The Properties may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us. We encourage you to review the privacy policies of these third-party websites or services. These links to third party websites or online services does not imply endorsement by us of such website or online services or of any association with such websites’ or online services operators.
WHAT INFORMATION WE COLLECT/HOW INFORMATION IS COLLECTED
We may collect personal information and contact information through your use of the Properties, such as but not limited to when you register for our Properties, subscribe to receive our communications, update your account information, enter contests or sweepstakes, respond to surveys, rate or review products, make purchases, contact us with questions or comments, connect with us through social networks, submit user generated content or participate in our promotions and social media platforms. In addition, if you elect to connect your social media account to your website account, certain personal information from your social media account will be shared with us, which may include personal information that is part of your profile or your friends’ profiles.
This personal information can include data attributes like your full name, username, password, email address, telephone number, physical or billing mail addresses, work/company information, date of birth and other information you may provide to us, as well as credit card numbers or, in some limited cases, national ID numbers, like your social security number, for tax reporting purposes related to some high-value promotional prize awards. It may also include other personally identifiable information we have collected from you, such as your attitudes and opinions about and usage of our products, demographics, interests, household, health or lifestyle information, satisfaction with our website and newsletters, your purchasing behavior or history and your browsing, downloading and other internet activity. If you have contacted us on behalf of a business or other entity, we may also collect your work contact information and details about your business or entity that you provide.
We may also collect information that is publicly available or provided by third parties and collect information that you provide us about others. For example, we may collect certain information that is posted on social media sites, blogs and other websites. We may also purchase or obtain e-mail lists, customer leads and other data sources from third parties for our advertising and marketing purposes.
In some instances, we may combine your personal information with other information about you, such as combining your name with your geographic location or your browsing or purchasing history. We also may combine personal information with information we receive about you from outside sources. For example, we may obtain commercially available demographic or profile information about you from third parties, receive device information from mobile applications or advertisements or match your profile with information about you provided by retailers or data brokers.
If you disclose any personal information relating to other people to us or to our service providers in connection with our Properties, you represent and warrant that you have the authority to do so and to permit us to use the information in accordance with this Privacy Statement. You agree to indemnify us for any claims resulting from your breach of this foregoing representation and warranty.
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
Our store is hosted on a third party provider’s server and platform. These third party providers provide us with the online e-commerce platform that allows us to sell our products and/or services to you. Your data is stored through these third party provider's data storage, databases and their general application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then our third party provider stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. Per our third party provider, after that is complete, your purchase transaction information is deleted.
When you return a product to us or request a refund or exchange, we may collect information from you and ask you to provide your government issued ID. We use the information we collect from you and capture off of your government issued ID to help prevent fraud.
We may collect information not limited to about products or services you like, reviews you submit, or where you shop. We might also collect information like your age or gender.
If you use our websites, we may collect location data obtained from your IP address. We may use this location data to find our nearest store to you, product availability at warehouse near you and driving directions to our warehouse. Some of our Properties may allow you to submit information about your general location, such as your zip code or address, in order to locate stores that sell our products or provide other services. Some of our Properties also may capture and record certain precise geo-location or global positioning data from your device in order to provide location-related functionality. We may link such location data to other information that you provide to us or that may be accessed in connection with your use of our Properties. If we combine any location information with personal information, we will treat the combined information as personal information as long as it is combined.
Device information we collect through our Properties and third party providers
Server log files: An Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider and is identified and logged automatically in our server log files whenever you visit one of our Properties, along with the time of the visit, the page(s) that were visited and other information related to your visit. We use IP addresses for purposes such as calculating usage levels, helping diagnose server problems, and administering our Properties. For example, if you accessed one of our Properties using a mobile device like a smartphone, we may also collect your phone’s unique device ID and other similar mobile device data.
Cookies and similar technologies: A “Cookie” is a small text file containing a random and unique alphanumeric identifier that our Properties may transfer to your computer's hard drive through your web browser that enables our systems to recognize your browser. We may employ technologies like Cookies, web beacons, clear GIF, pixel or Internet tag technologies to uniquely identify your account, or the IP address associated with your Internet device. We also permit third parties and our service providers to gather information on our websites, including for advertising purposes, through these technologies, as described below. Cookies and the other technologies mentioned above provide information related to the ways consumers interact with our advertising or our Properties, like browser type, browsing behaviors, user web requests, pages and content viewed, the number of new visits or log-ins, search engine referral, affiliate referrals, traffic driven by banner ads or other promotions, which items are placed in shopping carts and which are abandoned, conversions and what purchases were made and zip codes. These technologies can contain or store personal and other information (such as if you have previously registered on our Properties or consented to the retention of certain personal information) and allow web browser servers to recognize return visits to our Properties and improve web browsing navigation or the quality and delivery of certain features or customized content through our Properties. Some Cookies (known as “persistent cookies”) will remain on your computer or Internet device until you delete them, while others (known as “session cookies”) are automatically erased when you exit your Internet browser. You can set your computer or Internet device to accept or reject most Cookies, or to notify you in most situations that a Cookie is offered so that you can decide whether to accept it. However, if you block Cookies, certain features on our Properties may not function. Additionally, even if you block or delete Cookies, not all tracking will necessarily stop.
Flash LSOs: We and our third-party service providers may use Flash Local Storage Objects (“Flash LSOs”) in certain situations, including to recognize you and remember your preferences or other details about your visit. Flash LSOs are different from browser Cookies because of the amount and type of data stored. In addition, you generally cannot control, delete or disable the acceptance of Flash LSOs from your browser.
Third-party applications, services, and APIs: We also offer and deliver services, content or interactive features, or product review features through and/or using third party application programming interfaces (API), gadgets, programs, extensions that are hosted on our Properties or through other third party websites, or social networking platforms. When you access or use our Properties, you are authorizing those third parties or our third party providers to receive your information and additionally to potentially share any or all of your information with us or other parties, based on your privacy or other settings on the particular third party network or platform. When you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Site. If you have any questions regarding our third party providers, please feel free to contact us.
By using our Properties, you acknowledge, understand, and consent that we use third party provider’s services/products to provide us and you Services through the use of our Properties. We use third party providers to provide services including but not limited to: website hosting, website platform, order processing, shopping cart, marketing, enhance user experience, advertising, cookies, product reviews and Q&A, email management, improving services, and etc. We do not endorse and are not responsible for third party’s privacy statements and their terms and conditions.
As part of Bazaarvoice, Inc.’s commitment to responsible data collection, they require that we post a conspicuous link to an appropriate opt-out mechanism such as http://www.youronlinechoices.com/ or one specific to your country. To find out more about opt-out mechanisms visit:
By opting out of collection of data from one browser, device, or app will not necessarily opt-out of collection from all browsers, devices, or apps.
Analytical and statistical information we collect through our Properties
De-identified information: We may conduct surveys and otherwise collect information that does not uniquely identify any individual. This might include demographic information like age and income range, gender, education, household size and marital status, as well as information from which identifying particulars have been removed. We also may aggregate personal information in a manner that no longer reveals your identity. We may collect, use and disclose such information for any purpose, such as research to improve our products or advertising.
Website analytics: We may work with third-party service providers who may use technologies described in this Privacy Statement above to conduct website analytics to help us track and understand how visitors use our Properties. For example, we use the third party providers as described above.
If you use our Properties, we may collect information about the browser you are using. We might track the pages you visit, look at what website you came from, or what website you visit when you leave us. We collect this information using the tracking tools described here to control those tools.
OUR TRACKING TECHNIQUES
Tracking Tools We Use
We may collect personal and other information about users over time and across different websites when you use our Properties. We also have third parties that collect personal information this way through the methods described above. We or our vendors use several common online tracking tools to collect this information. These may include browser and flash cookies. We may also use web beacons and similar technologies. We use these tools:
- To track new visitors to our websites.
- To recognize returning customers.
- To provide you with advertising content in which we think you will be interested. As part of this customization, we may observe your behaviors on this website or on other websites. We may also get information about your browsing history from our trusted business partners and vendors.
- So we can better understand our audience, our customers, our website visitors, and their respective interests.
Controlling Our Tracking Tools Via Your Browser
Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies.
If you configure your computer to block cookies, you will limit the functionality we can provide when you visit our Properties. If you block or delete cookies, not all of the tracking that we have described in this policy will stop. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These browser features are not uniform, so we are not currently set up to respond to those signals.
WHEN INFORMATION IS COLLECTED
We collect information directly from you. The following are a few examples of when we may collect information from you:
- When you visit/use/access the Properties
- During website or survey registration
- If you signed up for discounts and newsletters
- If you sign up to receive our occasional special offers, promotions, or other email marketing communications from us and our affiliated brands
- If you use an online forum, submit a question or answer to our Product Q & A or provide us with comments or reviews
- If you upload a photo or other digital content through one of our Properties or applications
- If you participate in a sweepstakes, contest, clinic or workshop
- If you return a product
- If you request we send you an electronic copy of your receipt
- In connection with your interactions with us as a registered user of our websites
- When you make a purchase and inputting your name, address, and credit card information.
- When you voluntarily give us information
We collect information from other sources such as through third party providers’ services described previously.
We may get information about you from third party business partners, like an updated address from a shipping vendor. We may collect information about you from a friend. For example, if your friend purchases something for us to send to you.
HOW WE USE INFORMATION
We may use the information we collect about you for purposes such as to:
- Provide you services;
- Fulfilling orders or providing services;
- Registering you for a particular website, or extended warranty service or providing you with information regarding such programs or services;
- Processing a return(s);
- Respond to your questions/comments and requests;
- Responding to a product or service review or questions;
- Deliver targeted advertising, communications, product solutions or content, as well as services you have requested;
- Conduct research and analysis related to our business, products or Properties;
- Improve our products, services or Properties and tailor them to your usage or preferences;
- Entering you into a sweepstakes or sending you prizes you might have won and communicate with you about contests, sweepstakes, loyalty or rewards programs, coupons, rebates, promotions or other matters which you have entered or joined or for which you have requested information;
- Implement social networking features you have activated;
- Publish your reviews, comments, photos, videos and other content you have posted to one of our interactive or user-generated features;
- Communicate with you about your account or your use of our Properties;
- Send you newsletters about our new collections, the latest lookbooks and exclusive offers.
- Send you important information regarding the Properties. Because this information may be important, you may not opt-out of receiving such communications;
- Look at website trends and customer interests, and we might use your information to customize your experience with us. We may also combine information we get from you with information about you we have received from third parties to assess trends and interests;
- If you have opted-in to receive news, special offers or other information from us or one of our brands by email or text message, send you promotional messages we think will be of interest to you. If you no longer want to receive these direct marketing communications, you may opt-out of such communications by the methods describe below;
- Use your information to protect our company, our customers, or our websites. For example, we may use your information help determine fraudulent transactions;
- To send you communications about special promotions or offers. For example, if you have registered on a website and indicated you want to receive this information. We may also notify you of new website features or product and service offerings, and also send information about offers from our Affiliates and other companies we think you might find interesting;
- To tell you about issues with your orders or if there is a product recall;
- For other uses we may disclose to you in the future;
- To provide you services or products as indicated in our Properties;
- To comply with the law. We may process your information as we believe to be necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities (d) to enforce our terms and conditions; (e) to protect our operations, business and systems; (f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
We do not sell or rent your personal information to third parties. From time to time, we may share your personal information with our affiliates, parent companies, subsidiaries, service providers (including third party), sales, brokers, retail partners and other third party business partners (and their service providers) for the purposes of providing us with the services or described in this Privacy Statement, including but not limited to the following circumstances where we share your information:
- To our third-party service providers who perform certain business-related functions for us, such as those described previously, which may include but not limited to website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support service, call-center services, e-mail delivery services, and other similar services to enable them to provide services to us, fulfillment services, sweepstakes and contest administrators, texting providers, loyalty and rebate program operators, technical support providers, ad serving companies, product ratings and reviews, questions and answers, marketing services, website providers, data enhancement services, customer service providers, delivery services, e-commerce providers, and research and analytics providers.
- To an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
- We may disclose information about you (1) if we believe we are required to do so by law, regulation or legal process, such as a court order or subpoena; (2) as we deem appropriate or necessary in response to requests by government agencies, such as law enforcement authorities or tax authorities; (3) when we believe disclosure is appropriate or necessary to protect the rights, property or safety of us, our customers or others, including to prevent physical, financial or other harm, injury or loss, or to collect debt you owe; or (4) in connection with an investigation of suspected or actual unlawful activity.
- To subsidiaries, parent companies, or affiliates within our corporate family, to carry out regular business activities.
- To conduct research and/or analysis regarding products, consumers and other matters;
- To allow us to better understand your interests, activities, demographics and profile; or
- If you have opted-in to receive promotional or newsletter communications from us, send a tailored promotional communications to you jointly offering a product or service.
- Except for the third parties described above, to third parties only with your consent.
- We may share your product reviews, questions and answers and any files you uploaded to our website or Properties to third parties and third party websites.
- We may share aggregated, statistical or anonymous information that does not identify you with third parties. For example, we may disclose the number of visitors to our websites, the number of people who have downloaded a particular coupon or the number of people from a certain state who purchased a product from one of our e-commerce websites.
- We share information with our service providers, such as our delivery service providers who ship and deliver your online orders. We might also authorize our service providers to collect information on our behalf. Some service providers may be located outside of the United States. We might also share information with the vendors and manufacturers of our products and services to respond to your reviews and questions.
- We reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including, without limitation, in the event of a reorganization, dissolution or liquidation). By using our Properties you consent to us sharing your personal information or other information that you contributed to our Properties to our affiliated, parent companies, and subsidiaries.
- Our third party providers may use any data collected from you or submitted by you to provide, improve, monitor and develop the third party provider’s services.
- If you ask us to provide your information to a third-party to facilitate the resolution of a dispute.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you could immediately notify us of the problem by emailing firstname.lastname@example.org in accordance with the section below.
The Internet is not 100% secure. We cannot promise that your use of our website will be completely safe. We encourage you to use caution when using the Internet.
If applicable, online access to your personal information is protected with a password you select. We strongly recommend that you do not share your password.
YOUR CALIFORNIA PRIVACY RIGHTS
Shine the Light Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
California Consumer Protection Act.
The CCPA provides California residents with the right to not be discriminated against (as provided for in applicable law) for exercising rights to access and delete your personal information. Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you or we may need to retain it to comply with our own legal obligations.
Notice of Collection for California Residents.
To exercise your rights or you would like further information regarding your legal rights, you may contact us at email@example.com. If you are a California resident, you may designate an agent to exercise your rights under the CCPA. We will take steps to verify the identity of the agent, and that your agent has been authorized to make a request on your behalf. Such steps may include requiring that the agent submit a signed written authorization or a copy of a power of attorney. Please note your rights and choices vary depending upon your location. Certain information may be exempt from such requests under applicable law. We will take reasonable steps to verify your identity.
Categories of Personal Information We Collect About You. Summarized in the table below are the categories of personal information we may collect about you, depending on how you interact with us. The following table also describes how we may collect and use such categories of information.
Categories of information collected
Purposes of use
Sources of personal information
Identifiers and Contact Information, e.g., name, email address, postal address, phone number, and/or password
Demographic information, e.g., age, employment, and lifestyle information
Physical Characteristics and Audio Data, e.g., audio recordings when you call customer support
Financial and Transactional Information, e.g., payment card information, delivery information, and information about your transactions and purchases with us
User-Generated Content, e.g., photos, videos, any information you submit in public forums or message boards, and feedback or testimonials you provide about our services
Customer Service Information, e.g., questions and other messages you address to us directly through online forms, by email, over the phone, or by post; summaries or voice recordings of your interactions with customer care
Device Information and Device Identifiers, e.g., IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers
Usage Data, e.g., information about content viewed or download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information
Geolocation, e.g., city, state and ZIP code associated with your IP address
Other Information, e.g., any other information you choose to directly provide to us in connection with your use of the Services
The following chart provides additional information about the business or commercial purposes for collecting and using your information to explain the above chart.
Purposes of Use
Communicate with you, for example, to:
Provide the Services or products, for example, to:
Personalize your experience, for example, to:
Secure our Services and Users, for example, to:
Defending our legal rights and compliance with the law, for example, to:
OUR SITES AND CHILDREN
Our websites and device applications are not created for children. To our knowledge we do not collect information online from children under 18. If you are a parent or guardian and think we have information about your child, please email firstname.lastname@example.org. To learn more about how to protect your child online, visit the FTC's www.OnGuardOnline.gov. You may also want to read the helpful information about children and privacy that the FTC provides by clicking here.
Data Subject Rights
We respect your rights and control over your personal information. You may exercise any of the following rights by:
- Emailing us at email@example.com
- You do not have to pay a fee and we will aim to respond you within 30 days. In your request, please make clear what information you would like to have changed, whether you would like to have your personal information deleted from our database or otherwise let us know what limitations you would like to put on our use of your personal information. Please note that we may ask you to verify your identity before taking further action on your request, for security purposes.
- You may:
- Request access to the personal information that we process about you;
- Request that we correct inaccurate or incomplete personal information about you;
- Request deletion of personal information about you;
- Request restrictions, temporarily or permanently, on our processing of some or all personal information about you;
- Request transfer of personal information to you or a third party where we process the data based on your consent or a contract with you, and where our processing is automated;
- Opt-out or object to our use of personal information about you where our use is based on your consent or our legitimate interests.
If you have additional questions you can email us email at firstname.lastname@example.org. You can write to us at:
Horizon Marketing Group, LLC
4198 Industry Way, Flowery Branch, GA 30542
CHANGES TO THIS PRIVACY AND SECURITY STATEMENT
Last Updated on July 14, 2020 Version 07142020
Last Updated on June 16, 2020 Version 06162020
Your Use of the Site
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 18 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 18, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including all financial charges and legal liability that such child may incur.
If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at email@example.com so that we can delete that information.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites GetNetWise (https://www.getnetwise.org) and OnGuardOnline
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
- Use the Site or content on or from the Site for any unlawful purpose
- Express or imply that any statement you make is endorsed by us or its subsidiary, parent or affiliate companies
- Submit data or information to or otherwise transmit material through the Site or to us that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party's intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so
- Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully
- Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
- Remove any copyright, trademark or other notices of proprietary rights contained on the Site
- "Frame" or "mirror" any part of the Site without our prior written authorization
- Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents
- Harvest or collect information about Site visitors
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
Information Posted on the Site
The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of us or any of our affiliates, parent companies, subsidiaries or agents.
We endeavor to display and describe the products and/or services accurately on the Site. We are also improving the products and/or services and may update the Materials displayed on the Site at any time and without notice.
We cannot and do not guarantee the accuracy or completeness of the Materials displayed on the Site, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service or the products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or the Products.
Copyrights, Trademarks and Patents
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, documents, video clips and software (“materials”), is owned or licensed by us or its software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of ours or our vendors/suppliers and are protected by applicable copyright laws.
We grant you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. We and our affiliates, parent companies, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, images, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to our or any third party's intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, "Trademarks") on the Site maybe registered, protected by the U.S. trademark laws, or belonging to us or our third party providers. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. Prior written approval from us or applicable third parties are required for of any use of such Trademarks.
Viewing or using this Site creates a copy of our Materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. Modification of our Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights. We neither warrant nor represent that your use of Materials will not infringe the rights of third parties not owned by or affiliated with us.
Links to Other Sites
The Site may contain links to other third party websites. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by us or our affiliates, parent companies or subsidiaries or of any association with such websites’ operators.
You agree that we and our affiliates, parent companies, and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. We and our affiliates, parent companies, and subsidiaries make no representations whatsoever about any other website you may access through the Site.
Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
User-Generated Content/Information Submitted to Us
As part of your use of the Site, you may be able to provide comments, information about yourself (such as emails, names, location, nicknames, gender, birthdates, etc.) feedback, questions and answers, reviews, text and ideas; send messages to us and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant us and our affiliates, parent companies, licensees and sublicensees, and our third party service providers without any compensation of any kind to you or others, a worldwide, perpetual, non-exclusive, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media (“Content License”). You may not revoke Content License for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content, e.g., Content submitted to us may appear on other websites of an entity affiliated with us and it may appear in other third party websites unrelated to us. You waive, release and agree not to assert any and all moral rights or any rights that you may have in any Content submitted by you to the Site. You agree that we may use submitted Content in any manner that we deem appropriate or necessary in our sole discretion. We and our affiliates, parent companies, and subsidiaries reserve the right to edit, post, modify, abridge or otherwise change any Content you or others submit in their sole discretion. You agree and acknowledge that Content submitted by you to our website may be used by us or by our third party providers to improve, monitor and develop our or our third party providers’ services.
You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that we are not responsible for any Content that you submit to the Site.
By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit us and our affiliates, parent companies, subsidiaries, and licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to us.
If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize us and our affiliates, parent companies, licensees and sublicensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way we deems appropriate, in our sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.
We do not guarantee that Content you or others submit will be posted to the Site or become publicly available, and we do not guarantee that Content posted to the Site will not be offensive, defamatory or otherwise objectionable. We reserve the right to remove any Content from the Site without notice and in our sole discretion; however, you acknowledge and agree that we are under no obligation to you to police, monitor or remove Content and we make no guarantee with respect to the completeness, accuracy, integrity or quality of Content submitted to the Site.
Disclaimer of Warranties and Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE, ALL OF OUR AFFILIATES, SUBSIDIARY, PARENT OR RELATED COMPANIES, CALL CENTERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE AND OUR LICENSORS, SUPPLIERS, VENDORS, ADVERTISERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY US, OR OUR LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND / OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND / OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE.
YOU AGREE THAT WE AND OUR AFFILIATES, PARENTS AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND / OR OUR PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This disclaimer constitutes an essential part of these terms.
You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, ATTORNEYS, ASSIGNS, SUCCESSORS-IN-INTEREST, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE CODE OF CONDUCT; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; AND / OR (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE.
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. We make no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
Choice of Law, Jurisdiction and Venue:
You agree that this agreement and your use of the Site will be governed by the laws of the State of California. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in the county of San Bernardino, CA, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and / or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Waiver of Rights:
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.
Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
- Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.
- You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against us or against any of our subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
- You must first present any claim or dispute to us by contacting the customer care center to allow us the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Los Angeles, CA and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a classwide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
- Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
- If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
- Unless an applicable statute expressly permits awarding attorney's fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and us. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
You agree that we may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that we will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to us through the Site may be subject to legal process (e.g., a subpoena) by us or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that we will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that we may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
Our performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of our right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by us with respect to such use.
You agree that we may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and us as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to us, our parent companies, affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and us with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and us with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by us or it is physically signed in blue ink by an executive officer of ours.
Any actual or alleged waiver by us of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and / or any notice given by us in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
Placing Your Orders on the Website
All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.
We and our parent companies, affiliates, and subsidiaries reserve the right, at our sole discretion, to refuse service and to terminate products or accounts if we believe in our sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of ours, our parent companies, subsidiaries, or its affiliates, or for any other reason.
We and our parent companies, affiliates, and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in our sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.
Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon our delivery of the items or products to the carrier.
If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
Tools, products, materials, techniques, building codes and local regulations change; therefore, we assume no liability for omissions, errors or the outcome of any project. The reader must always exercise reasonable caution, follow current codes and regulations that may apply, and is urged to consult with a licensed professional if in doubt about any procedures.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our warranty policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any Sites, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We may provide you with access to third-party tools over which we may or may not monitor and we may or may not have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We 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).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
In the event that any provision of this agreement 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 this agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Questions about the Terms of Service should be sent to us at:
Horizon Marketing Group, LLC
4198 Industry Way, Flowery Branch, GA 30542