TERMS AND CONDITIONS OF USE POLICY
INTRODUCTION AND ACCEPTANCE
Unless otherwise agreed to in writing by the Horner APG (“HORNER APG”), by using the HORNER Websites , WEBMI, HORNER PUSH and Horner Portal of HORNER APG, you agree to the following Terms and Conditions of Use Policy without limitation or qualification. Please read these terms and conditions carefully before using HORNER APG’s Websites, HORNER WEBMI, HORNER PUSH or Horner Portal. If you do not agree with the Terms and Conditions of Use Policy, you are not granted permission to use HORNER APG’s Websites, HORNER WEBMI, HORNER PUSH and Horner Portal.
All references in this Terms and Conditions of Use Policy to “we,” “us,” or “our” shall refer to HORNER APG and its subsidiaries. All references in this Terms and Conditions of Use Policy to “you” or “your” shall refer to the users of HORNER APG’s Websites, HORNER WEBMI, HORNER PUSH and Horner Portal.
EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITY
HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH and Horner Portal are provided by HORNER APG on an “as is” and “as available” basis. HORNER APG makes no representations or warranties of any kind express or implied, as to the operation of HORNER APG’s Websites, HORNER WEBMI, HORNER PUSH or Horner Portal or the information, content, materials, or services included thereon, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In particular, HORNER APG does not warrant that HORNER APG’s Websites, HORNER WEBMI, HORNER PUSH or Horner Portal, its servers, or email sent from HORNER APG are free of viruses or other harmful components. HORNER APG will not be liable for any damages of any kind arising from the use of, or inability to use, HORNER APG’s, Websites, HORNER WEBMI, HORNER PUSH or Horner Portal, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, whether in contract, tort, or otherwise. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; accordingly, the above limitations or exclusions may not apply to you.
GENERAL USE OF THE HORNER WEBSITES, WEBMI, HORNER PUSH AND HORNER PORTAL
- In order to access certain features of HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH and Horner Portal, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process, including to obtain a HORNER APG account to access certain sections of the HORNER Websites, WEBMI, HORNER PUSH and Horner Portal, or as part of your continued use of such HORNER Websites, WEBMI, HORNER PUSH or Horner Portal. You agree that any registration information you give to HORNER APG will always be accurate, correct, and up to date.
- You agree to use HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH and Horner Portal only for purposes that are permitted by (a) this Terms and Conditions of Use Policy, and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You agree not to access (or attempt to access) HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH or Horner Portal by any means other than through the interface that is provided by HORNER APG. You specifically agree not to access (or attempt to access) any part of HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH or Horner Portal through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on such HORNER Websites, WEBMI, HORNER PUSH or Horner Portal.
- You agree that you will not engage in any activity that interferes with or disrupts HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH or Horner Portal (or the servers and networks which are connected to such HORNER WEBMI, HORNER PUSH or Horner Portal).
- You agree that you will not reproduce, duplicate, copy, republish, upload, post, transmit, distribute, modify, sell, trade, or resell HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH or Horner Portal, or any portion, feature, or content thereof, for any purpose; provided that you may download one copy of the materials on HORNER APG’s Websites HORNER WEBMI, HORNER PUSH or Horner Portal on any single computer for your non-commercial use only and you may print one copy of the materials on HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH or Horner Portal for your non-commercial use only; further provided that you keep intact all copyright and other proprietary notices on any such downloaded or printed materials.
- You agree that you are solely responsible for (and that HORNER APG has no responsibility to you or to any third-party for) any breach of your obligations under the Terms and Conditions of Use Policy and for the consequences (including any loss or damage which HORNER APG may suffer) of any such breach.
- You must be 18 years or older and of legal consent age to use HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH or Horner Portal unsupervised. If you are under the age of 18, you may only use such HORNER WEBMI, HORNER PUSH and Horner Portal in conjunction with, and under the supervision of, your parents or guardians.
- You must be a human. HORNER APG accounts registered by “bots” or other automated methods are not permitted.
- Your HORNER APG account may only be used by one person – a single HORNER APG account shared by multiple people is not permitted.
- You agree and understand that you are responsible for maintaining the confidentiality and security of your HORNER APG account and password, if any. HORNER APG cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You agree that you will be solely responsible to HORNER APG for all activities that occur under your HORNER APG account.
- If you become aware of any unauthorized use of your HORNER APG account or password, you agree to notify HORNER APG immediately.
- We reserve the right to modify or discontinue, temporarily or permanently, your access to HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH or Horner Portal, or your HORNER APG account with or without notice.
- In exchange for access to our software you agree to be sent marketing, training, and technical support materials via email which we deem beneficial and relevant for you until you decide to opt out. You can unsubscribe from these communications by clicking the link at the end of the email, or alternatively, email [email protected] and request to be removed from our lists.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Certain features within HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH or Horner Portal may allow you to post comments, send emails and other communications, and submit suggestions, ideas, comments, questions, or other information (together “Commenting”). You agree, understand and represent that all of your Commenting: (i) is accurate, (ii) is owned or otherwise controlled by you, (iii) is not illegal, obscene, threatening, defamatory, invasive of privacy,infringing of intellectual property rights, or otherwise injurious to third-parties, and (iv) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”impersonate any person or entity, or otherwise mislead as to the origin of Commenting. HORNER APG You may not use a false e-mail address, reserves the right (but not the obligation) to monitor and edit or remove any Commenting activity or content. If you do post Commenting content or submit Commenting material, you grant HORNER APG a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Commenting content throughout the world in any media, including the right to use the name that you submit in connection with such Commenting. HORNER APG takes no responsibility and assumes no liability for any commenting content posted by you or any third-party.
LINKS
HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH and Horner Portal may be linked to other HORNER WEBMI, HORNER PUSHs not maintained by us. We do not control and are not responsible for the content of and policies governing use of those HORNER WEBMI, HORNER PUSHs not maintained by us. The inclusion of any link to such HORNER WEBMI, HORNER PUSHs does not imply approval of or endorsement by us of the HORNER WEBMI, HORNER PUSHs or the content thereof.
PRIVACY
Please read our Privacy Policy which also governs your use of HORNER APG’s Websites, HORNER WEBMI, HORNER PUSH and Horner Portal to understand our policies about what information we collect, how we will treat this information, and what options you have to direct our activities.
OWNERSHIP, COPYRIGHT AND TRADEMARK
All content included on HORNER APG’s HORNER Websites, WEBMI, HORNER PUSH and Horner Portal, such as trademarks, service marks, trade names, text, graphics, logos, icons, button icons, images, data compilations, domain names, and software, is the property of HORNER APG or its content suppliers or used with permission. The compilation of all content on this site is the exclusive property of HORNER APG and may be protected by U.S. and international copyright laws. All software used on this site is the property of HORNER APG or their software suppliers and may be protected by United States and international copyright laws. Nothing on this site should be construed as granting any license or right to such content or software.
COPYRIGHT AND TRADEMARK COMPLAINTS
The Horner APG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement on HORNER APG’s Websites, HORNER WEBMI, HORNER PUSH or Horner Portal, please notify us immediately by phone at 877-665-5666 or by mail at Horner APG 59 South State Avenue Indianapolis, IN 46201
SITE TECHNOLOGIES
HORNER APG hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests of third-parties.
APPLICABLE LAW
By using HORNER APG’s Websites, HORNER WEBMI, HORNER PUSH or Horner Portal, you agree that the laws of the State of Indiana, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use Policy and any dispute of any sort that might arise between you and HORNER APG regarding such Policy.
CHANGES TO THE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms and Conditions of Use Policy without prior notice. Modifications shall become effective immediately upon being posted on our HORNER Websites, WEBMI, HORNER PUSH and Horner Portal. Your continued use of the HORNER WEBMI, HORNER PUSH and Horner Portal after modifications are posted constitutes an acknowledgement and acceptance of the Terms and Conditions of Use Policy and its modifications.
UPDATED
July 15, 2015
HOW TO CONTACT US
Any questions about this Terms and Conditions of Use Policy should be addressed to:
FOR USERS OUTSIDE OF EUROPE:
[email protected] or by mail at: Horner APG, 59 South State Avenue Indianapolis, IN 46201
FOR USERS IN EUROPE:
[email protected] or by mail at: Horner APG, Unit 1 Centrepoint, Centre Park Road, Cork, Cork, Ireland