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Terms and Conditions
Terms & Conditions
Terms and Conditions
What you need to know about using HornTrader.com
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least [18] years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least [18] years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to HornTrader’s use of cookies in accordance with the terms of HornTrader’s privacy policy/cookies policy.
License to use website
Unless otherwise stated, HornTrader and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without HornTrader’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without HornTrader’s express written consent.
Restricted access
Access to certain areas of this website is restricted. HornTrader reserves the right to restrict access to other areas of this website, or indeed this entire website, at HornTrader’s discretion.
If HornTrader provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
HornTrader may disable your user ID and password in its sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to HornTrader a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to HornTrader the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or HornTrader or a third party.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
HornTrader may provide an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
Your Contributions do not contain any type of confidential or proprietary information and
HornTrader shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions:
- HornTrader shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- The contributor’s Contributions shall automatically become the sole property of HornTrader; and
- HornTrader is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
HornTrader reserves the right to edit or remove any material submitted to this website, or stored on HornTrader’s servers, or hosted or published upon this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. HornTrader makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, HornTrader does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind
Limitations of liability
HornTrader will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if HornTrader has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit HornTrader’s liability in respect of any:
- death or personal injury caused by HornTrader’s negligence;
- fraud or fraudulent misrepresentation on the part of HornTrader; or
- matter which it would be illegal or unlawful for HornTrader to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, HornTrader has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against HornTrader’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect HornTrader’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as HornTrader
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Advertisers
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our website, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that HornTrader. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Links
Either HornTrader or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that HornTrader shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Trademark Information
You herein acknowledge, understand and agree that all of the HornTrader. trademarks, copyright, trade name, service marks, and other HornTrader. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of HornTrader. You herein agree not to display and/or use in any manner the HornTrader. logo or marks.
Indemnity
You hereby indemnify HornTrader and undertake to keep HornTrader indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HornTrader to a third party in settlement of a claim or dispute on the advice of HornTrader’s legal advisers) incurred or suffered by HornTrader arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to HornTrader’s other rights under these terms and conditions, if you breach these terms and conditions in any way, HornTrader may take such action as HornTrader deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
HornTrader may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
HornTrader may transfer, sub-contract or otherwise deal with HornTrader’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and HornTrader in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with California law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts covering San Diego County California. You and HornTrader. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts
Registrations
HornTrader is a California sole-proprietorship
HornTrader’s details
Mailing Address:
The Horntrader
4085 PACIFIC HIGHWAY
SUITE 105A
SAN DIEGO, CA. 92110
