Website Terms of Use
The following terms and conditions (the “Terms”) govern all use of the Horizon 3 AI, Inc. (“Horizon 3 AI” ) website located at https://www.horizon3.ai including any subdomains (collectively the “Site”). The Site is owned and operated by Horizon 3 AI. BY USING OR ACCESSING ANY PART OF THE SITE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SITE.
Horizon 3 AI reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes.
1. ACCESS.
Subject to these Terms, the Site is made available solely for your personal and informational use. Horizon 3 AI may, at any time and in its sole discretion, modify, suspend, restrict, or discontinue the Site or any portion thereof, including the availability of any feature, content, or functionality, without notice or liability. Horizon 3 AI may also restrict or terminate your access to the Site for any violation of these Terms.
You represent and warrant that you are at least eighteen (18) years of age and are legally permitted to use the Site. If you are using the Site on behalf of an entity, you represent that you have authority to bind that entity to these Terms. You are responsible for obtaining and maintaining all equipment, software, and services necessary to access the Site and for ensuring their compatibility with the Site.
If you purchase or use our products or services, including NodeZero or any related offerings (the “Services”), such use is governed by a separate written agreement (e.g., Master Services Agreement, Order Form, or Terms of Service), and not by these Terms. In the event of a conflict between these Terms and a signed agreement with Horizon 3 AI, the signed agreement controls.
Horizon 3 AI does not guarantee that the Site will be available at all times or free from interruption, and shall not be liable for any unavailability of the Site.
2. RESTRICTIONS.
You shall not, and shall not permit any third party to:
(a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of any portion of the Site (except to the limited extent such restrictions are prohibited by applicable law);
(b) modify, copy, reproduce, distribute, create derivative works from, or exploit any portion of the Site or its content without prior written authorization;
(c) rent, lease, sublicense, or use the Site for timesharing, service bureau, or commercial exploitation purposes;
(d) remove, obscure, or alter any proprietary notices or intellectual property markings on the Site;
(e) access or attempt to access any portion of the Site, accounts, systems, or networks without authorization, including through hacking, password mining, scraping, automated bots, or similar methods;
(f) probe, scan, test the vulnerability of, conduct penetration testing against, or otherwise attempt to exploit the Site or any Horizon 3 AI systems without prior written authorization. Unauthorized security testing may violate applicable law;
(g) interfere with or disrupt the integrity, performance, or operation of the Site, including by imposing an unreasonable or disproportionately large load on Horizon 3 AI’s infrastructure; or
(h) use the Site or its content for any unlawful purpose or in violation of these Terms.
Horizon 3 AI retains all right, title, and interest in and to the Site and all related intellectual property.
3. REGISTRATION.
As a condition to accessing certain features of the Site, you may be required to register for an account and select login credentials. You agree to provide accurate, current, and complete registration information and to keep such information updated. Failure to do so may result in suspension or termination of your account. You may not select or use a user ID or account name that impersonates another person or infringes the rights of any third party. Horizon 3 AI reserves the right, in its sole discretion, to refuse registration of, suspend, or cancel any account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Horizon 3 AI promptly of any unauthorized use of your account or any other breach of security.
4. CONTENT.
You acknowledge that all content, materials, and information made available on the Site (collectively, “Content”) are owned by or licensed to Horizon 3 AI and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws. Subject to these Terms, Horizon 3 AI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal and informational purposes. Except as expressly authorized in writing by Horizon 3 AI, you may not copy, reproduce, modify, distribute, transmit, display, publish, sell, license, create derivative works from, or otherwise exploit any Content. You may print or download a reasonable number of copies of Content for your own informational use, provided that all copyright and proprietary notices are retained. Any other use of the Content without the prior written consent of Horizon 3 AI is strictly prohibited.
5. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless Horizon 3 AI and its affiliates, and their respective officers, directors, employees, contractors, suppliers, and representatives, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your use or misuse of the Site; (ii) your violation of these Terms; or (iii) your violation of applicable law.
6. WARRANTIES
You represent and warrant that: (i) you have all necessary rights and authority to provide any information or content you submit through the Site; (ii) any content you submit will not infringe, misappropriate, or otherwise violate the rights of any third party; and (iii) you will use the Site in compliance with all applicable laws and regulations.
7. WARRANTY DISCLAIMER.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HORIZON 3 AI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT AVAILABLE ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL HORIZON 3 AI OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HORIZON 3 AI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (US $100). HORIZON 3 AI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SITE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. TERMINATION.
Horizon 3 AI may, in its sole discretion, suspend or terminate these Terms or your access to the Site at any time, with or without notice. You may discontinue use of the Site at any time. If you have created an account, you may request account deletion in accordance with the applicable account settings or by contacting Horizon 3 AI. Upon termination, your right to access and use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, provisions relating to intellectual property, disclaimers of warranties, limitations of liability, and indemnification.
10. EXPORT AND TRADE CONTROLS.
You agree to comply with all applicable export control, economic sanctions, and import laws and regulations, including those administered by the U.S. Department of Commerce, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), and any other applicable governmental authority. You may not access, use, export, re-export, or transfer the Site or any content or information made available through the Site: (i) in violation of any applicable export or sanctions laws; (ii) to any country, individual, or entity subject to U.S. embargoes or trade sanctions; or (iii) to any person or entity listed on any U.S. or applicable restricted party list. Horizon 3 AI makes no representation that the Site is appropriate or available for use in all locations. If you access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with all applicable local laws. Access to the Site from jurisdictions where its use is prohibited is not authorized.
11. PRIVACY.
Horizon 3 AI’s current privacy policy is available at https://horizon3.ai/privacy-policy/ (the “Privacy Policy”), which is incorporated by this reference. Horizon 3 AI recommends that you review the Privacy Policy.
12. COPYRIGHT.
All content and materials available on the Site, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and other materials (collectively, “Content”), are owned by or licensed to Horizon 3 AI and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws. The compilation and arrangement of all Content on the Site are the exclusive property of Horizon 3 AI. All rights not expressly granted herein are reserved.
13. MISCELLANEOUS.
Failure by either party to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that or any other provision. Horizon 3 AI shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including failures of telecommunications, network systems, internet service providers, or other technical infrastructure. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect. You may not assign or transfer these Terms without the prior written consent of Horizon 3 AI. Horizon 3 AI may assign or transfer these Terms without restriction. These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising under these Terms shall be brought exclusively in the state or federal courts located in San Francisco County, California. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Horizon 3 AI. These Terms constitute the entire agreement between you and Horizon 3 AI regarding your use of the Site.
