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Terms of Use

Horizon Equipment, LLC

1960 Seneca Rd

Eagan, MN 55122

(800) 394-4674

(651) 452-9118

[email protected]

 

Please read our Terms of Use carefully before accessing or using our Site.

 

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Horizon Equipment, LLC, may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Horizon Equipment, LLC, may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials, and Services, will be subject to the most current version of the Terms of Use, rules and guidelines, posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of horizonequipment.com to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

 

THE SITE

Horizon Equipment, LLC, makes this Web site with links to the Terms of Use (collectively, the "Site"), and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, data, HTML, web enabled documents, communications, downloads, files, text, images, photographs, graphics, videos, web casts, publications, content, and products made available or enabled via the Site by Horizon Equipment, LLC. "Services" means all services and resources offered or enabled via the Site by Horizon Equipment, LLC. All Materials provided by Horizon Equipment, LLC are referred to collectively as "Horizon Equipment, LLC, Materials".

 

ACCESSIBILITY

The Site was designed and is maintained to be viewed by a 4.0 compliant web browser, with Javascript enabled, at a minimum. For the most part, the Page Content has been separated from the Page Content Formatting, which is stored in a linked Cascading Style Sheet. This site is best viewed with a minimum screen resolution of 1024 X 768. Your current screen resolution is 1050 X 1680 .

 

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, service marks, trademarks, patents, trade secrets, and all other intellectual property, and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, Horizon Equipment, LLC, and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Horizon Equipment, LLC, or other third parties. You are not permitted to use the Marks without the prior written consent of Horizon Equipment, LLC, or such third party that may own the Marks. Horizon Equipment, LLC, and the Horizon Equipment, LLC, logo are service marks of Horizon Equipment, LLC.

 

USE OF SITE AND SERVICES

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services, and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you.

When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. Horizon Equipment, LLC offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, Horizon Equipment, LLC, Materials, Horizon Equipment, LLC, provided Services, or another Third-Party Service. You agree that you will not hold Horizon Equipment, LLC responsible or liable with respect to the Third-Party Services, including any changes in product specifications or changes in design. Product specifications or changes in design may occur without notice and you agree to hold Horizon Equipment, LLC, and its vendors, harmless from these changes.

Horizon Equipment, LLC, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Horizon Equipment, LLC, may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Horizon Equipment, LLC, deems necessary to comply with applicable law, regulation, legal process or governmental request.

If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Horizon Equipment, LLC, immediately. If any Services or Materials provide password-restricted access to your sensitive information, then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Horizon Equipment, LLC's, display of such information via such Services or Materials and accept all risks of unauthorized access to such information.

 

RESTRICTION AND TERMINATION OF USE

Horizon Equipment, LLC, may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time and at Horizon Equipment, LLC’s, sole discretion, without prior notice or liability to you.

 

LINKS TO THIRD PARTY SITES

The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Horizon Equipment, LLC to you as a convenience and the inclusion of the links do not imply any endorsement by Horizon Equipment, LLC, of any Linked Site. Horizon Equipment, LLC, has no control of the Linked Sites and you therefore acknowledge and agree that Horizon Equipment, LLC, is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Horizon Equipment, LLC, is not responsible for any form of transmission (e.g. web casting) received from any Linked Site.

 

WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY HORIZON EQUIPMENT, LLC, UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HORIZON EQUIPMENT, LLC, MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. HORIZON EQUIPMENT, LLC, MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCT OR SERVICE LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND HORIZON EQUIPMENT, LLC, MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT: (i) HORIZON EQUIPMENT, LLC, DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) HORIZON EQUIPMENT, LLC, MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, MATERIALS, OR SERVICES; (iii) ANY DIRECT DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) HORIZON EQUIPMENT, LLC, SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PRODUCTS, MATERIALS, OR SERVICES, OFFERED DIRECTLY BY THIRD PARTIES.

HORIZON EQUIPMENT, LLC, DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS, AND OTHER THIRD PARTIES ARE NOT AUTHORIZED HORIZON EQUIPMENT, LLC, SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF HORIZON EQUIPMENT, LLC. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HORIZON EQUIPMENT, LLC WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. HORIZON EQUIPMENT, LLC, ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. HORIZON EQUIPMENT, LLC, ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HORIZON EQUIPMENT, LLC, OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. HORIZON EQUIPMENT, LLC, WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

 

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to Horizon Equipment, LLC, products and services that are not available in your country. These references do not imply that Horizon Equipment, LLC, intends to announce such products and services in your country. The Site is controlled, operated and administered by Horizon Equipment, LLC, from its offices within the United States of America. Horizon Equipment, LLC, makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

 

INDEMNITY AND LIABILITY

You agree to indemnify and hold Horizon Equipment, LLC, and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your connection to the Site, Services or Materials; (b) your violation of the Terms of Use; (c) your violation of any rights of any third party; (d) your access to or use of Linked Sites and your connections thereto; or (e) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.

 

PRICES AND PRICING POLICY

All pricing published in this Horizon Equipment, LLC, website and in any Horizon Equipment, LLC, printed materials, are always subject to change without notice.

 

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by Horizon Equipment, LLC, from its office within the state of Minnesota, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Minnesota, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of Minnesota and the United States District Court for the District of Minnesota with respect to such matters.

 

LANGUAGE

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

 

GENERAL

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between Horizon Equipment, LLC, and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and Horizon Equipment, LLC, on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Horizon Equipment, LLC, regarding the use of specific Services or Materials, such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Horizon Equipment, LLC, services or third party content. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Horizon Equipment, LLC ’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Horizon Equipment, LLC, to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.