Horizon Terms of Service & Privacy Policy

Date last revised 1/2/2008

This Horizon Terms of Use and Privacy Policy (the “Policy”) is an agreement between you and Horizon Software International, LLC. (“Horizon”), with a principal place of business at 2915 Premiere Parkway, Suite 300, Duluth, Georgia 30097, that governs your use of the Horizon web site, located at www.horizonsoftware.com (the “Horizon Site”). Your use of the Horizon Site signifies your agreement to the terms and conditions of the Policy set forth below. If, however, you or your employer is a customer of Horizon with a software license and/or support agreement with Horizon (“Your Horizon License”), to the extent that the written terms of Your Horizon License cover certain areas of the Horizon Site (e.g., the support e-mail page), Your Horizon License shall supersede this Policy and govern your use of those certain areas.  Similarly, your use of any software you download from the Horizon Site as a customer of Horizon shall be governed by Your Horizon License or the clickwrap agreement you accepted prior to downloading that software. In either case, the Policy shall still govern your use of the rest of the Horizon Site not covered by Your Horizon License or the clickwrap license.

Horizon reserves the right to change this Policy at any time, so we encourage you to review this web page periodically. The changes will be effective immediately when posted. Your use or continued use of the Horizon Site following the posting of any changes to this Policy shall constitute your acceptance of the changed Policy. If you do not accept this Policy, you may not use the Horizon Site.  

 

TERMS OF USE

All of the content on the Horizon Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Horizon.  Horizon grants you a limited license to access and use the Horizon Site for the limited internal business purpose of gathering information about Horizon as a potential software solution for your business. You may not use the trademarks, service marks, trade dress and copyrighted material displayed on the Horizon Site.  You may not download (other than page caching) the Horizon Site, or any portion of it, except with express written consent of Horizon. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Horizon Site. You must abide by all copyright notices, information, or restrictions contained in or attached to any content or portion of the Horizon Site.

Your license to access and use the Horizon Site does not include any resale or commercial use of the Horizon Site or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. The Horizon Site or any portion of the Horizon Site may not be visited or otherwise exploited for any commercial purpose other than your internal business purposes without the express written consent of Horizon. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Horizon Site without express written consent. You may not use any meta tags or any other “hidden text” utilizing Horizon’s name, domain name or trademarks without the express written consent of Horizon. Any unauthorized use terminates the permission or license granted by Horizon.

Horizon may change, suspend or discontinue any aspect of the Horizon Site at any time, including the availability of any Horizon Site feature, database or content.  Horizon may also impose limits on certain features and services or restrict your access to parts or all of the Horizon Site without notice or liability.

Horizon may, at its sole discretion, offer links to web sites of various service, product and information providers. As these web sites are not maintained or written by Horizon, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, Horizon will not be held liable for decisions made based upon information on these linked web sites. These links should not serve as an endorsement for any particular provider’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.

You acknowledge that transmissions to and from the Horizon Site are not confidential and your communications may be read or intercepted by others. You acknowledge that, by submitting communications to Horizon, no confidential, fiduciary, contractually implied or other relationship is created between you and Horizon other than pursuant to this Policy or Your Horizon License, if any.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE HORIZON SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” AND HORIZON EXPRESSLY DISCLAIMS ALL REPESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE HORIZON SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE HORIZON SITE AND SITE-RELATED SERVICES.  HORIZON DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE HORIZON SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE HORIZON SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  HORIZON AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE HORIZON SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HORIZON AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE HORIZON SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE HORIZON SITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE HORIZON SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE HORIZON SITE AND/OR THOSE SERVICES.

Although Horizon attempts to ensure the integrity and accurateness of the Horizon Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Horizon Site. It is possible that the Horizon Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Horizon Site by third parties. In the event that an inaccuracy arises, please inform Horizon.

THIS AGREEMENT IS ENTERED INTO IN THE STATE OF GEORGIA AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, EXCLUSIVE OF ITS CHOICE OF LAW RULES.  EACH PARTY TO THIS AGREEMENT SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF GWINNETT IN THE STATE OF GEORGIA, AND WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.  In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees.  In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto pertaining your use of the Horizon Site, and any and all written (except to the extent a software license agreement signed by you and Horizon governs your use of the Horizon Site) or oral agreements heretofore existing between the parties hereto are expressly canceled. If for any reason a court of competent jurisdiction finds any provision of this Policy, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Policy, and the remainder of this Policy shall continue in full force and effect. 

PRIVACY POLICY

Protecting your privacy is important to Horizon. We hope the following statement about the information we collect from the Horizon Site will help you understand how Horizon collects, uses and safeguards the personal information you provide to us on the Horizon Site.

Collection and Uses of Personal Information: 

Horizon collects personally identifiable information about you from information you voluntarily provide when you register, make a purchase from or participate in the Horizon Site. General contact information including, but not limited to, your name, address, telephone number, organization name, e-mail address and credit card number are collected. We might monitor your use of the Horizon Site through your IP address, computer settings or most recently visited URL. We also may receive information about you from other sources, such as updated address information.  Horizon may contact you about your account status or changes to any policies relevant to you.

In general, Horizon only uses the information you provide to us for the purpose for which the information was provided. For example, Horizon uses the personal information gathered from the Horizon Site to complete your requests and send you information about Horizon. This information may include, but is not limited to, notifications of new products and services on the Horizon Site. Horizon also uses this personal information to help Horizon create a more user-friendly web site.  In order to periodically make enhancements to the Horizon Site, Horizon will use personal contact information to allow us to gauge the interests, needs and preferences of our customer. We use your IP address to help diagnose problems with our server and to administer our web site. We might also use your personal information for product development, site tracking and analysis, marketing, advertising and customer support.

Disclosure of Personal Information:

Horizon will not disclose your personally identifiable information to outside parties except: (i) to the extent necessary to provide you with a service you purchased from Horizon, which is provided by a third party under contract with Horizon, (ii) when we believe in good faith that any applicable law, regulation, or legal process requires disclosure; or (iii) when we believe disclosure is necessary to protect or enforce our rights or the rights of another customer. We may also collect customer information on an aggregate basis and disclose the aggregate data to prospective partners or other outside parties. Aggregate customer statistics are not personally traceable to you. We may also provide information to governmental agencies or other companies assisting us in fraud prevention or investigation, when: (1) permitted or required by law; (2) attempting to protect you, another customer or Horizon against actual or threatened fraud; or (3) investigating fraud that has already taken place.

Control of Personal Information:

To the extent that Horizon uses personal identifiers (such as usernames and passwords) to verify your identity, maintain recordkeeping in our system, and for other purposes, it is your responsibility to safeguard this unique information so as not to allow unauthorized users to view personal information.

Horizon allows you to change or modify the information you have previously provided to us. Upon request via email or postal mail, Horizon will provide you with a summary of any of your personal information retained by Horizon.  You may modify, correct, change, or update your personal record on Horizon’s database.  Horizon will only send personal records to the email address on file for the visitor name associated with it. Upon request, Horizon will also remove your personal information from its database, thereby canceling your registration, if any, and your license and permission to use the Horizon Site. Unfortunately, to the extent such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records. 

The Horizon Site also provides you the opportunity to opt-out of receiving all marketing communications via your email account from our partners or Horizon.

To opt-out of these e-mails, change or modify your personal information or cancel your registration, please send an e-mail to: optout@horizonsoftware.com

Use of Cookies and Other Technology:

A cookie is a message that is sent to your browser from a web server and stored locally on your hard drive to help you navigate a web site as easily as possible.  We use cookies to recognize when you visit the Horizon Site so that you do not need to re-enter all of your registration data at each connection, as well as to store and track customers’ preferences and uses of the Horizon Site. We also use cookies that contain no personal information. These cookies help us estimate the number of customers using our Horizon Site, determine which areas of the Horizon’s Site are the most appealing and serve targeted advertising. The use of cookies is now common throughout the industry and you will encounter them on most web sites.  You may adjust your browser setting to reject all cookies; however, please note that if you do so, Horizon may prohibit you from participating in certain services or promotions. 

The Horizon Site may contain links to other web sites. Horizon is not responsible for the privacy practices or the content of such web sites. Please check the privacy policies on the linked site before disclosing information to anyone.

Information about Children:

We do not knowingly collect personally identifiable information from children under the age of sixteen (16) without a parent or guardian’s consent. If a parent or guardian contacts us at: pleaseremoveme@horizonsoftware.com to inform us that an underage child has provided us personal information without their consent, Horizon will remove the information about the child from our marketing database.

General Comments on Privacy:

While Horizon has endeavored to create a secure and reliable site for its customers, Horizon cannot ensure or warrant the security or confidentiality of any information customers transmit to and from the Horizon Site. When disclosing any personal information, you should remain mindful that the information is potentially accessible to the public, and consequently, can be collected and used by others without your consent.

You are the ultimate controller of personal information. You are solely responsible for maintaining the secrecy of any password used to log in, if any, and you should always be mindful and responsible whenever disclosing information online.  Horizon will use all commercially reasonable efforts to safeguard the privacy of your personal information, whether in electronic or tangible form. However, transmissions made by means of the Internet cannot be made completely secure.

California Privacy Rights:

Once a calendar year, California residents who provide personal information in obtaining products or services for household use are entitled to request and obtain from Horizon information about the customer information that we shared, if any, with other businesses for their direct marketing uses, such as the types of information shared and the names and addresses of those businesses for the prior calendar year. To request such information, please contact us at californiaprivacy@horizonsoftware.com.