HORIZONSTAFFSCHEDULER.COM TERMS
OF USE
Last updated October 9, 2026
TABLE OF CONTENTS
AGREEMENT TO TERMS
These
Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you") and Horizon
Dynamic Web Designs, LLC., doing business as HorizonStaffScheduler.com ("HorizonStaffScheduler.com", "we", "us",
or "our"), concerning your access to and use of the https://horizonstaffscheduler.com website
as well as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto (collectively,
the "Site" or "Website"). You agree that by accessing the Site, you have read,
understood, and agree to be bound by all of these Terms of Use. IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time
to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to
these Terms of Use at any time and for any reason. We will alert you about
any changes by updating the "Last updated" date of these Terms of Use, and
you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Terms of Use to stay
informed of updates. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Terms
of Use by your continued use of the Site after the date such revised Terms
of Use are posted.
The
information provided on the Site is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are
applicable.
The Site is intended for users who
are at least 13 years of age. All users who are minors in the jurisdiction
in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to
use the Site. If you are a minor, you must have your parent or guardian
read and agree to these Terms of Use prior to you
using the Site. Users utilizing the Horizon Payment Center must be at least 18 years of age.
INTELLECTUAL PROPERTY RIGHTS
Unless
otherwise indicated, the Site is our proprietary property and all source
code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics on the Site (collectively, the "Content")
and the trademarks, service marks, and logos contained therein (the
"Marks") are owned or controlled by us or licensed to us, and are protected
by copyright and trademark laws and various other intellectual property
rights and unfair competition laws of the United States, foreign
jurisdictions, and international conventions. The Content and the Marks are
provided on the Site "AS IS" for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the Site and
no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.
Provided
that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of
the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted
to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By
using the Site, you represent and warrant that:
- All registration information you submit will be true,
accurate, current, and complete;
- You will maintain the accuracy of such
information and promptly update such registration information as necessary;
- You have the
legal capacity and you agree to comply with these Terms of Use;
- You are not under
the age of 13;
- You are not a
minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Site;
- You will not access the Site through automated or
non-human means, whether through a bot, script or otherwise, unless explicitly authorized through the use of our Developer API Program;
- You will not
use the Site for any illegal or unauthorized purpose; and
- Your use of
the Site will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion
thereof).
You
shall not intentionally submit fake, fictitious or fraudulent user
information, including, but not limited to, using fictitious names,
fictitious street addresses, fictitious phone numbers, etc. Your real name,
real email address, real physical street address that can be verified by
Google Maps and at least one (1) real contact phone number is required to
use this website. Fictitious or
"dummy" user accounts are not permitted.
We retain the right to govern and manage accounts on our system in accordance with our Account Usage Policy which is available here: https://horizonstaffscheduler.com/kb/articles/1883797
This Account Usage Policy may be updated periodically to reflect our current practices for handling accounts.
USER REGISTRATION
You
may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
You
shall not intentionally create, use, operate or otherwise access multiple
user accounts. You may have no more than one (1) user account for your
usage. You may have no more than one
(1) username & password set at a given time which provides access to your
one (1) user account. A single user
account may not be shared by multiple individuals.
You
must login to the website and update your Personal Profile at least once
every 6 months in order to remain in an active status. You may be removed, disabled or otherwise
limited if you do not remain in an active status. We reserve the right to manually or
automatically ban, delete, limit, merge, combine or otherwise alter
accounts that violate these terms and/or are otherwise deemed inactive,
fictitious, shared and/or duplicates of another existing user account.
FEES AND PAYMENT
We accept the following forms of
payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
- ACH Transfer
- Stripe
- WePay
- Dwolla
You
may be required to purchase or pay a fee to access some of our services. Not all payment options may be available for every service and a smaller subset of the above list may be available.
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Site. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. We bill you through an
online billing account for purchases made via the Site. Sales tax will be
added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in U.S. dollars. You are liable and solely responsible for all taxes, duties, levies, tariffs, or charges of any kind imposed by any federal, state or local governmental entitiy with respect to any net income you recognize in connection with these Terms. You acknowledge that we may have reporting requirements to the Internal Revenue Service in connection with your activity conducted under these Terms. In the event we incur a sales tax liability as a result of your services and/or we receive an assessment from a taxing authority directly attributable to your services, you will indemnify us for all taxes, interest, and penalties which may be assessed.
You
agree to pay all charges or fees at the prices then in effect for your
purchases, and you authorize us to charge your chosen payment provider for
any such amounts upon making your purchase. If your purchase is
subject to recurring charges, then you consent to our charging your payment
method on a recurring basis without requiring your prior approval for each
recurring charge, until you notify us of your cancellation.
We
reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment. We also reserve the right to
refuse any order placed through the Site.
CANCELLATION
You can cancel your subscription services at
any time by contacting us
using the contact information
provided below. Your cancellation will take effect at the end of the current
paid subscription term. Refunds of any subscription or non-subscription services may be available at our sole and absolute discretion. Some services allow for refunds of new purchases or new subscription within 30 days. Subscription renewals, service upgrades or other non-refundable purchases will not eligible for a refund. There are no available refunds or credits for any service after 30 days from the purchase date and/or after 30 days from the initial service activation date, whichever occurs first.
PROHIBITED ACTIVITIES
You
may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any
commercial endeavors that are not specifically endorsed or approved by us.
As a user of the Site, you agree
not to:
- Systematically retrieve data
or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without
written permission from us.
- Make any unauthorized use of
the Site, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
- Use a buying agent or
purchasing agent to make purchases on the Site.
- Circumvent, disable, or
otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Site and/or the Content contained
therein.
- Engage in unauthorized
framing of or linking to the Site.
- Trick, defraud, or mislead us
and other users, especially in any attempt to learn sensitive account
information such as user passwords.
- Make improper use of our
support services or submit false reports of abuse or misconduct.
- Engage in any automated use
of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction
tools.
- Interfere with, disrupt, or
create an undue burden on the Site or the networks or services connected to
the Site.
- Attempt to impersonate
another user or person or use the username of another user.
- Sell or otherwise transfer
your profile.
- Use any information obtained
from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any
effort to compete with us or otherwise use the Site and/or the Content for
any unapproved revenue-generating endeavor or commercial enterprise.
- Decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any
way making up a part of the Site.
- Attempt to bypass any
measures of the Site designed to prevent or restrict access to the Site, or
any portion of the Site. This includes using VPN services to mask your location and/or IP address.
- Harass, annoy, intimidate, or
threaten any of our employees or agents engaged in providing any portion of
the Site to you.
- Delete the copyright or other
proprietary rights notice from any Content.
- Copy or adapt the Site’s
software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or
maintenance of the Site.
- Upload or transmit (or
attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as "spyware"
or "passive collection mechanisms" or "pcms").
- Except as may be the result
of standard search engine or Internet browser usage, use, launch, develop,
or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other
software.
- Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner
inconsistent with any applicable laws or regulations.
- Intentionally creating,
using, sharing, operating, managing or otherwise accessing multiple user
accounts. any individual may have no more than one
(1) user account for their usage. Any individual may have no more than one
(1) username & password set at a given time which provides access to
their one (1) user account. A single user account may not be shared by
multiple individuals.
- Intentionally submitting
fake, fictitious or fraudulent user information, including, but not limited
to, using fictitious names, fictitious street addresses, fictitious phone
numbers, etc. An individual's real name, real email address, real physical
street address that can be verified by Google Maps and at least one (1)
real contact phone number is required to be a user and operate this
Service. Fictitious or "dummy" user accounts are not
permitted.
- Use any artificial intelligence, machine-learning, or automated feature of the Site to generate, apply, or publish assignments, communications, or other outcomes without reviewing them for accuracy and compliance with your organization’s rules and applicable law, or to evade eligibility, qualification, safety, or other hard controls in the Service.
- Attempt to extract, scrape, harvest, or reconstruct model weights, prompts, system instructions, training data, ranking formulas, or other proprietary AI or automation systems of the Site, or use the Site’s AI outputs to train, fine-tune, or improve a competing model or service except as expressly permitted by us in writing.
- Submit to any AI Feature unlawful content, content you do not have rights to process, or sensitive identifiers we instruct you not to include (including Social Security numbers and bank account or routing numbers), or attempt to probe, jailbreak, or bypass safety or rate limits of AI Features.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of
the Site and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby represent and
warrant that:
- The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated
by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, medical advice, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
- Your Contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation,
or rule.
- Your Contributions do not violate the privacy or publicity rights
of any third party.
- Your Contributions do not contain any material that solicits
personal information from anyone under the age of 18 or exploits people
under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law
concerning child pornography, or otherwise intended to protect the health
or well-being of minors;
- Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any applicable law
or regulation.
Any use of the Site in violation of
the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site without refund.
CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Site or making
Contributions accessible to the Site by linking your account from the Site
to any of your social networking accounts, you automatically grant, and you
represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to
host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media
channels.
This
license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit, redact,
or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site; (3)
to pre-screen or delete any Contributions at any time and for any reason,
without notice; and (4) to share or distribute any Contributions with other
users on the Site for any reason, without notice. We have no obligation to
monitor your Contributions.
We retain the right to govern and manage data on our system in accordance with our Data Retention Policy which is available here: https://horizonstaffscheduler.com/kb/articles/378405
This Data Retention Policy may be updated periodically to reflect our current practices for handling and retaining data on our systems.
MOBILE APPLICATION LICENSE
Use License
If
you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and
use the mobile application on wireless electronic devices owned or
controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this mobile
application license contained in these Terms of Use. You shall not: (1)
decompile, reverse engineer, disassemble, attempt to derive the source code
of, or decrypt the application; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter,
or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the application; (5) use the
application for any revenue generating endeavor, commercial enterprise, or
other purpose for which it is not designed or intended; (6) make the
application available over a network or other environment permitting access
or use by multiple devices or users at the same time; (7) use the
application for creating a product, service, or software that is, directly
or indirectly, competitive with or in any way a substitute for the
application; (8) use the application to send automated queries to any
website or to send any unsolicited commercial e-mail; or (9) use any
proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
application.
Apple
and Android Devices
The
following terms apply when you use a mobile application obtained from
either the Apple Store or Google Play (each an "App Distributor") to access
the Site: (1) the license granted to you for our mobile application is
limited to a non-transferable license to use the application on a device
that utilizes the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any maintenance
and support services with respect to the mobile application as specified in
the terms and conditions of this mobile application license contained in
these Terms of Use or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile application to
conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect
to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to
a U.S. government embargo, or that has been designated by the U.S.
government as a "terrorist supporting" country and (ii) you are not listed
on any U.S. government list of prohibited or restricted parties; (5) you
must comply with applicable third-party terms of agreement when using the
mobile application, e.g., if you have a VoIP application, then you must not
be in violation of their wireless data service agreement when using the
mobile application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in
this mobile application license contained in these Terms of Use, and that
each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Terms of Use against you as a third-party
beneficiary thereof.
As
part of the functionality of the Site, you may link your account with
online accounts you have with third-party service providers (each such
account, a "Third-Party Account") by either: (1) providing your Third-Party
Account login information through the Site; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account
login information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us to pay
any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting us
access to any Third-Party Accounts, you understand that (1) we may access,
make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the "Social Network
Content") so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Site. Please note that if a
Third-Party Account or associated service becomes unavailable or our access
to such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on and
through the Site. You will have the ability to disable the connection
between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and agree that
we may access your email address book associated with a Third-Party Account
and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who
have also registered to use the Site. You can deactivate the connection
between the Site and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable).
We will attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and profile
picture that become associated with your account.
SUBMISSIONS
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any proprietary right
in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site) links to other websites
("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us,
and we are not responsible for any Third-Party Websites accessed through
the Site or any Third-Party Content posted on, available through, or
installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained
in the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or
relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever
in relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and you shall hold
us harmless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in any way
from any Third-Party Content or any contact with Third-Party
Websites.
ADVERTISERS
We
allow advertisers to display their advertisements and other information in
certain areas of the Site, such as sidebar advertisements or banner
advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any
services provided on the Site or products sold through those
advertisements. Further, as an advertiser, you warrant and represent that
you possess all rights and authority to place advertisements on the Site,
including, but not limited to, intellectual property rights, publicity
rights, and contractual rights. As an advertiser, you agree that such advertisements are
subject to our Digital Millennium Copyright Act ("DMCA") Notice and Policy
provisions as described below, and you understand and agree there will be
no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.
U.S. GOVERNMENT RIGHTS
Our
services are "commercial items" as defined in Federal Acquisition
Regulation ("FAR") 2.101. If our services are acquired by or on behalf of
any agency not within the Department of Defense ("DOD"), our services are
subject to the terms of these Terms of Use in accordance with FAR 12.212
(for computer software) and FAR 12.211 (for technical data). If our
services are acquired by or on behalf of any agency within the Department
of Defense, our services are subject to the terms of these Terms of Use in
accordance with Defense Federal Acquisition Regulation ("DFARS") 227.7202‑3.
In addition, DFARS 252.227‑7015 applies to technical data acquired by
the DOD. This U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFARS, or other clause or provision that addresses
government rights in computer software or technical data under these Terms
of Use.
SITE MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We
care about data privacy and security. Please review our Privacy
Policy: https://horizonstaffscheduler.com/privacy. By using the Site,
you agree to be bound by our Privacy Policy, which is incorporated into
these Terms of Use. Please be advised the Site is hosted in the United
States. If you access the Site from the European Union, Asia, or any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the Site, you are transferring your data to the United States, and
you expressly consent to have your data transferred to and processed in the
United States. Further, we do not knowingly accept, request, or
solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 13 has
provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Site as quickly as is reasonably practical.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any copyright you
own or control, please immediately notify our Designated Copyright Agent
using the contact information provided below (a "Notification"). A copy of
your Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant to
federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Site infringes your copyright, you
should consider first contacting an attorney.
All
Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3)
and include the following information: (1) A physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (2) identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Site are covered by the Notification, a
representative list of such works on the Site; (3) identification of the
material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
material; (4) information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if available,
an email address at which the complaining party may be contacted; (5) 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 (6) 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.
Counter Notification
If
you believe your own copyrighted material has been removed from the Site as
a result of a mistake or misidentification, you may submit a written
counter notification to our Designated Copyright Agent using the
contact information provided below (a "Counter Notification"). To be an
effective Counter Notification under the DMCA, your Counter Notification
must include substantially the following: (1) identification of the
material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled; (2) a statement that
you consent to the jurisdiction of the Federal District Court in which your
address is located, or if your address is outside the United States, for
any judicial district in which we are located; (3) a statement that you
will accept service of process from the party that filed the Notification
or the party's agent; (4) your name, address, and telephone number; (5) a
statement under penalty of perjury that you have a good faith belief that
the material in question was removed or disabled as a result of a mistake
or misidentification of the material to be removed or disabled; and (6)
your physical or electronic signature.
If
you send us a valid, written Counter Notification meeting the requirements
described above, we will restore your removed or disabled material, unless
we first receive notice from the party filing the Notification informing us
that such party has filed a court action to restrain you from engaging in
infringing activity related to the material in question. Please note that
if you materially misrepresent that the disabled or removed content was
removed by mistake or misidentification, you may be liable for damages,
including costs and attorney's fees. Filing a false Counter Notification
constitutes perjury.
Designated Copyright Agent
Horizon Dynamic Web Designs, LLC.
Attn: Copyright Agent
7014 13th Avenue, Suite 202
Brooklyn, NY 11228
TERM AND TERMINATION
These
Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Site at
any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Site without
notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We
cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Site during
any downtime or discontinuance of the Site. Nothing in these Terms of Use
will be construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.
PAYMENT CENTER
Individuals and entities in the United States may optionally choose to utilize our integrated "Payment Center" features to facilitate ACH transactions between bank accounts.
In order to use the Payment Center functionality of the Site, you must open a "Dwolla Platform"
account ("Dwolla Account", "Payment Center Account", "Horizon Payment Account", "Payment Account", "Horizon Payment Center Account") provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any
funds held in the Dwolla Account are held by Dwolla's financial institution partners as set out in the Dwolla
Terms of Service. If you elect to use this service, you authorize us to share your identity and account data with Dwolla for the
purposes of opening and supporting your Dwolla Account, and you are responsible for the accuracy and
completeness of that data. You understand that you will access and manage your Dwolla Account through
our Site, and Dwolla Account notifications will be sent by us, not Dwolla.
Horizon Dynamic Web Designs, LLC. will provide customer support for your Dwolla Account activity, and can be reached using our contact methods listed here. If you establish a Receive-Only Horizon Payment Center Account, you expressly authorize HorizonStaffScheduler.com's service provider, Dwolla, Inc. to originate credit transfers to your financial institution account to facilitate these receive-only transactions.
If you elect to use the Payment Center services, you are responsible for all Reversals, claims, fees, fines, penalties, and other liability incurred by us, other users, or third parties arising from your breach of these Terms or your use of the Payment Center services.
You agree to reimburse us, other users, or third parties for any and all such liability.
If we determine, in our sole and absolute discretion, that you may have breached these Terms, that you or your Payment Center services activity presents risk or security concerns, or if we are unable to verify your identity, the actions we may take include, but are not limited to, the following:
- Suspending your access to your HorizonStaffScheduler.com account and/or the Payment Center Services;
- Suspending your access to your funds held in the Holding Account for up to 90 days;
- Taking action to recover amounts that you owe;
- Closing your HorizonStaffScheduler.com account;
- Contacting other users or third parties who have purchased goods or services from you, contacting your bank, and/or warning other users, law enforcement, or other impacted third parties of your actions;
- Refusing to provide any HorizonStaffScheduler.com products or services to you in the future; and
- Taking legal action against you.
Any payment that you receive may be reversed if: (a) the sender requests a reversal of the payment, (b) the sender’s bank or credit union requests a reversal of the payment, or (c) we determine that a reversal is necessary due risk or security concerns (each a "Reversal"). You are liable to us for the full amount of any payment that you send or receive that is subject to a Reversal. You are liable to us for any Reversal Fees, if applied.
You authorize us to recover any Reversal amounts due to us by debiting your available Balance. If you have an insufficient Balance, you authorize us to take any of the following actions to recover the remaining amounts from you:
- Debit the bank or credit union account(s) linked to your Horizon Payment Center account;
- Suspend your Horizon Payment Center account and require your immediate payment; or
- Suspend your HorizonStaffScheduler.com user account and require your immediate payment; or
- Suspend your HorizonStaffScheduler.com organization subscription and require your immediate payment; or
- Engage in collection efforts.
- Engage in legal action.
We reserve the right to decline, delay, cancel, or reverse any Payment Center transaction for any reason, in our sole discretion. We will provide notice to you upon taking such action.
We may establish individual or aggregate transaction limits on the dollar amount or number of transactions you may complete using the Payment Center services during any time period. We may change such limits at any time, in our sole discretion, without notice to you.
You understand and agree that we are not responsible for the goods or services that you pay for using the Payment Center services. Each payment receiver that you pay is responsible for providing the goods and services that you are paying for and for providing all customer service related to those goods and services.
You are responsible for resolving any disputes that you may have. If you have exhausted all options for resolving a dispute, you may choose to file a dispute claim with us ("Dispute").
By filing a Dispute, you understand and agree that:
- You are asking us to assist in resolving the dispute in our sole and absolute discretion and that such assistance or our decision may not be satisfactory to you;
- Our assistance in resolving the dispute does not guarantee any particular outcome nor any action on our part; and
- You release Horizon Dynamic Web Designs, LLC., our officers, directors, agents, employees, and suppliers from all claims, demands and damages of any kind arising out of your dispute and our review of your Dispute.
- Horizon Dynamic Web Designs, LLC. may not be able to recover amounts already delivered to the payment receiver and will not be responsible for any such amounts.
To file a Dispute, follow these steps:
- Within 45 days of the original transaction, contact us at https://horizonstaffscheduler.com/contact with the following information:
- i. The email address associated with your HorizonStaffScheduler.com account,
- ii. The name of your recipient,
- iii. The date of the transaction,
- iv. The amount of the transaction, and
- v. The details of your disagreement with the recipient, including any steps already taken to resolve the issue and copies of supporting documentation (such as email correspondence, receipts, shipping confirmations, etc.).
- Provide any additional information or documentation that we may request. Once we have decided the outcome of the Dispute, the parties will be notified of the decision. You are required to comply with the decision and complete any actions required by such decision.
GOVERNING LAW
These
Terms of Use and your use of the Site are governed by and construed in
accordance with the laws of the State of New York applicable to agreements made and to be entirely
performed within the State of New York, without regard to its conflict of law
principles.
DISPUTE RESOLUTION
Informal
Negotiations
To expedite resolution and control
the cost of any dispute, controversy, or claim related to these Terms of
Use (each a "Dispute" and collectively, the "Disputes") brought
by either you or us (individually, a "Party" and collectively, the
"Parties"), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
If the Parties are unable to
resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved
by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration
shall be commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at
the AAA website www.adr.org. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. The arbitration
may be conducted in person, through the submission of documents, by phone,
or online. The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either Party. The arbitrator
must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place
in Ontario County, New York. Except as otherwise provided
herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason, a Dispute
proceeds in court rather than arbitration, the Dispute shall be commenced
or prosecuted in the state and federal courts located
in Ontario County, New York, and the Parties hereby consent
to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United Nations Convention
on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Terms of Use.
In no event shall any Dispute
brought by either Party related in any way to the Site be commenced more
than one (1) years after the cause of action arose. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall
be joined with any other proceeding; (b) there is no right or authority for
any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions
to Informal Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There
may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Site at any time, without prior notice.
ARTIFICIAL INTELLIGENCE FEATURES
The Site may include artificial intelligence, machine-learning, and other automated features (including features branded as HorizonAI or AI Assign and related experimental, preview, or beta tools) (collectively, "AI Features"). AI Features may use third-party model providers (including OpenAI) as described in our Privacy Policy. By using AI Features, you authorize us to transmit the inputs and context reasonably necessary to provide the feature you requested to those providers acting as our service providers.
Assistive only; human review required. AI Features generate suggestions, proposals, summaries, explanations, and similar outputs. They do not replace human judgment, your organization’s policies, or the Site’s hard eligibility and qualification rules. You are solely responsible for reviewing every AI output before you rely on it, apply it, publish it, communicate it, or otherwise act on it. Nothing is assigned, published, or finalized solely because an AI Feature proposed it unless and until an authorized user takes the applicable confirmation action in the Site.
No accuracy or fitness warranty for AI outputs. AI systems can produce incomplete, outdated, biased, inconsistent, or incorrect results. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY THAT ANY AI FEATURE OR AI OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, ERROR-FREE, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE. You must not use AI Features as the sole basis for employment, contracting, compensation, discipline, legal, safety-critical, or other high-stakes decisions.
Experimental features and limits. AI Features may be rate-limited, organization-limited, or changed or withdrawn at any time. Usage limits, plan tiers, Memory budgets, and related caps may change without notice. We may suspend AI Features to protect the Site, prevent abuse, comply with law, or manage provider capacity.
Your content and authority. You represent that you have all rights and authority needed to submit any guidance, Memory notes, feedback, schedules, and other content to AI Features, and that doing so will not violate law or third-party rights. You will not submit Social Security numbers or bank account or routing numbers to AI Features. Feedback you provide about AI outputs may be used to operate and improve the AI Features for your organization and the Service, subject to our Privacy Policy.
Ownership. As between you and us, and subject to the rights of our licensors and AI providers, (a) you retain rights in content you lawfully submit to the Site, and (b) subject to your continued compliance with these Terms of Use, we grant you a limited right to use AI outputs generated for you through the Site for your internal organizational use of the Service. We and our licensors retain all rights in the Site, AI Features, prompts, system instructions, models, rankings, and related technology. AI outputs may not be unique across users.
Third-party AI providers. AI Features depend on third-party services. We are not responsible for outages, errors, refusals, content filters, latency, or policy enforcement by those providers. Your use of AI Features is also subject to our Privacy Policy.
DISCLAIMER
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, THE DISCLAIMERS IN THIS SECTION APPLY TO ALL ARTIFICIAL INTELLIGENCE, MACHINE-LEARNING, AND AUTOMATED FEATURES AND TO ALL OUTPUTS, SUGGESTIONS, PROPOSALS, SUMMARIES, AND RECOMMENDATIONS THEY PRODUCE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) your
Contributions; (2) use of the Site; (3) breach of these Terms of Use;(4) any breach of your representations and warranties set forth in these
Terms of Use; (5) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (6) any overt harmful
act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We
will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use
of the Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or
corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
CALIFORNIA USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the Site
or in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such right
or provision. These Terms of Use operate to the fullest extent permissible
by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined
to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use and does not affect
the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
In
order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at https://horizonstaffscheduler.com/contact
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