The horizon.com website (“Website”) is owned and operated by Horizon Organic Dairy LLC (“Horizon”) and is provided for your personal education, entertainment and information. Please read the Terms of Use (hereinafter collectively referred to herein as the “Terms”) of this Website carefully before using this Website. By accessing, browsing and/or using this Website, or the mobile version thereof, you hereby agree to the Terms. If you do not agree to the Terms of this Website or our Privacy Policy posted on this Website (as described below), you are not permitted to use this Website. Please return to the Website and review these Terms from time to time, as they may be amended by Horizon at any time and without notice to you. Any changes to these Terms will be effective immediately upon the posting of the revised Terms to the Website. If the Terms or revisions made thereto are unacceptable to you, you should no longer use this Website.

 

Use of the Website and its content

 

By using this Website, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Website with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Website and agree to these Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold Horizon harmless if the Minor breaches any of these Terms.  If you are not at least 13 years old, you may not use this Website at any time or in any manner or submit any information to Horizon or the Website

 

The content of this Website is the property of or has been licensed to Horizon and it is protected by patent, trademark and copyright laws. Except for your own personal or noncommercial use, you are prohibited from reproducing, transmitting, distributing, or displaying these materials or any user Submissions (as defined below) without the prior written consent of Horizon. Any unauthorized attempt to modify any content or materials included on the Website or to defeat or circumvent our security features, or to utilize the Website or any part of the content or materials included on this website for any purpose other than its intended purposes is strictly prohibited. The use of any of these materials or content, including Submissions, is at your own risk. Horizon reserves the right to change any and all content, materials, software, applications, and other items used or contained in the Website at any time without notice.

 

You may not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other Website user’s use and enjoyment of the website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means.

 

Horizon reserves the right, in its sole discretion, to terminate your access to the Website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.

 

User participation and submissions

 

From time to time, our Website may offer users the ability to post content or submit to us materials such as comments, remarks, suggestions, ideas, graphics, opinions, photos, videos, entries to promotions or other information or content created by users (“Submissions”). Any Submission you provide to us should reflect your own honest opinions, findings, beliefs or experience and you warrant that you have the rights to provide such Submissions. If you choose to share any ideas on the Website, please note that we cannot guarantee that other Website users or third parties will not use or otherwise disseminate the ideas that you share and Horizon shall have no liability for third party use of a your Submissions. Therefore, if you have an idea that you would like to keep confidential and/or do not want others, including Horizon, to use, do not post it on or submit it to this Website.

 

You are solely responsible for (a) any Submission you post on or through the Website, (b) any material or information that you provide to other users (or others that view this Website), and (c) your interaction with other users (or others that view this Website).

 

Please remember that the content of any Submissions on this Website are those of the person making the Submission and do not necessarily represent the opinions of Horizon, its employees, parent company, agents or affiliates. Horizon (a) does not represent or warrant the accuracy of any statement or product claim made in any Submission, (b) is not responsible for any Submission or content posted by users on this Website, and (c) does not endorse any opinions expressed by users on this Website.

 

By posting a Submission on this Website, you agree that you provide Horizon with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable, transferrable, assignable and unlimited license to reproduce, modify, sublicense, create derivative works of, and/or otherwise use all or any portion of your Submission in any way that we see fit and for any purpose whatsoever. Horizon hereby reserves the right to use the posted Submission and Horizon and its designees may exploit, edit, modify, and distribute the content and any and all elements of such Submission, in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to you or any third party.

 

We may obtain through Submissions on this website, or otherwise develop on our own or in conjunction with third party contractors we engage, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other Submissions you make to the Website. By providing a Submission, you understand that you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by Horizon (or its designees) based on any similarity with any Submissions made by you on this website. 

 

Code of conduct

 

Although we do not control and are otherwise not responsible for any Submissions made by users on this Website, we are hopeful that our Website will be a place where people can come to learn about Horizon’s products and promotions and not be offended or otherwise hurt by the content of any Submissions. Therefore, we remind our users that the following content in any Submissions is strictly prohibited:

 

Submissions that

 

• Are profane, obscene, offensive, sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
• Defame, misrepresent or contain disparaging remarks about other people or companies;
• Contain fraudulent, misleading or unlawful material or information;
• Contain trademarks, logos, or trade dress (such as distinctive packaging) owned by others (except those of Horizon), without permission;
• Contain copyrighted materials owned by others (including photographs and other works of art or images published on or in websites, television, movies or other media) (except that of Horizon), without permission;
• Contain materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
• Contain advertisements, “spam” content, or references to other products, offers, or websites
• Communicate messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or Violate any laws.

 

We strongly advise you not to publicly share your personal information, including your email address, IM address, or phone number on this Website. You are strictly prohibited from collecting or soliciting personally identifiable information from other Website users. Do not collect, use or post on the Website the private information of anyone else without their express consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.

 

We ask that all users are respectful of one another and remember the spirit of this Website. Horizon hereby reserves the right to remove any Submission that falls into one or more of the above categories or other inappropriate content as Horizon may determine in its sole discretion. Horizon reserves the right in its sole discretion to decide whether or not a Submission shall be posted. Horizon reserves the right at any time to terminate, temporarily or permanently, the acceptance of some or all Submissions made by you, with or without notice, in its sole discretion.

 

Intellectual Property Infringement.

 

Horizon respects the intellectual property rights of others, and we ask you to do the same.  Horizon may, in appropriate circumstances and at our discretion, terminate service and/or access to this Website for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Website, please provide Horizon’s designated agent the following information:

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Horizon to locate the material.
• Information reasonably sufficient to permit Horizon to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.   

 

Privacy

 

Our Privacy Policy, which is incorporated into these Terms by this reference, further describes the collection and use of information on this Website.

 

Commitment to Accessibility

 

Horizon is committed to facilitating the accessibility and usability of the Website. Consistent with this commitment, we use the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA  to ensure that our digital content is accessible to all users. Our website is continuously being enhanced to make our technology more accessible and user-friendly. 

 

Sweepstakes and contests

 

Any sweepstakes, contests, games and/or promotional offers accessible on this Website are governed by the official rules, specific rules and/or terms and conditions for the applicable sweepstake, contest, game or promotional offer. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of any such conflict.

 

Disputes between users

 

You understand and agree that you are solely responsible for your interactions with other users on this Website. Horizon is not responsible to monitor disputes between you and other Website users and is not liable for any loss or damage you may incur resulting from any interaction with other Website users. As a result of any such dispute or interaction in violation of these Terms, Horizon may choose, in its sole discretion, to terminate your access to the Website.

 

Links to other sites and content

 

The Website may contain links to other websites operated by other companies. Horizon does not endorse, monitor or have any control over such websites. Horizon is not responsible for the content or policies of such third party websites and you understand and agree that you access such websites at your own risk.

 

Disclaimers of Warranty; Limitations of Liability

 

THE CONTENTS ON THIS WEBSITE ARE PROVIDED “AS IS”.  .  HORIZON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. HORIZON DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL BE ERROR FREE OR THAT ACCESS TO IT WILL BE UNINTERRUPTED. Horizon expressly disclaims any duty to update or revise the materials on the Website, although Horizon may modify the materials on the Website at any time without notice. 

 

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HORIZON SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF HORIZON KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

 

Indemnification

 

You agree to indemnify and hold Horizon, our parent and affiliates, and each of our respective officers, directors, employees, representatives and agents harmless from and against any and all claims, demands, losses, liabilities and/or damages (including attorneys’ fees and court costs) arising out of: (i) your use of the Website; (ii) your breach or alleged breach of these Terms; (iii) your use of any third party Submission; (iv) any Submission posted by you; or (v) your alleged violation of the rights of any third party, including but not limited to claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right.

 

Severability

 

If any provision in the Terms is invalid or unenforceable under any applicable statute, regulation, ordinance, executive order or other rule or law, such provision shall be deemed reformed or deleted by only to the extent necessary to comply with such statute, regulation, ordinance order or rule, and the remaining provisions of these Terms shall remain in full force and effect.

 

Governing law

 

This Website is controlled and operated in the United States of America. The content of this Website is solely for the purpose of promoting our products and/or programs available in the United States (including its territories). We make no representation that the content of our Website is appropriate or available for use in other countries or locations. If you access the Website from locations other than the United States, you are responsible for compliance with any applicable local laws. These Terms are governed and shall be construed in accordance with the laws of the State of Colorado, without respect to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms.  Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms, with the exception of arbitration, shall be an appropriate state or federal court located in Boulder County in the State of Colorado. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Horizon’s failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and Horizon and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Horizon about this Website.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.