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Terms and Condition



 Introduction

Welcome to Horezone family (THE SPHERE OF INTERNATIONAL TRADE). These Terms of Use govern your access to and use of all Horezone Sites.  By using the Horezone Sites, you attest that you are of legal age to enter into these Terms of Use, or, if you are not, that you have possessed a parental or guardian consent to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the Horezone Sites is unauthorized. Additional terms and conditions apply to some services offered on the Horezone Sites.Those terms and conditions can be found where the relevant service is offered on the Horezone Sites and are incorporated into these Terms of Use by reference.

DEFINED TERMS:  In these Terms of Use:

A.       When we say “Horezone,” we mean Horezone.com Nigeria, LLC. and any subsidiaries of Horezone.com, (including any subsidiaries that Horezone as a company may form or acquire in the future).  We also refer to Horezone as “we,” “us” and “our.”  But when we say “Horezone organization,” we mean Horezone and its affiliates; its and their suppliers, vendors, contractors, distributor, sellers and licensors; and its and their directors, officers, employees, and agents and in general all stakeholders. 

B.       When we say “Horezone Sites,” we mean www.Horezone.com, the Horezone mobile site https://mobile.Horezone.com, the Horezone Apps, and all related functionality, services, and Content offered by or for Horezone on or through www.Horezone.com and the Horezone Apps or the systems, servers, and networks used to make the Horezone Sites available.

C.       When we say “you” or “your” we mean any user (like you!) of any Horezone Site.

D.      When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Horezone on the Horezone Sites (and any updates by Horezone to these Terms of Use and those terms and policies).

A few other key terms used in these Terms of Use:

A.       When we say “Content,” we mean merchandise information, product reviews,  messages, reviews, communications, feedback, submissions, comments, description, suggestions, questions, and other information, data, content, and materials (including page headers, video clips, images, text, illustrations, formats, hash tags, designs, icons, photographs, logos,  software programs, music clips or downloads, and written and other materials.)

B.       When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Horezone site.

C.       When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Horezone Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Horezone Sites through the tools offered by such social media platforms).

D.      When we say “Materials,” we mean Content that Horezone Entities make available on or through the Horezone Sites.

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes, including by posting a revised Terms of Use through the Horezone Sites.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes.  By continuing to use or access any of the Horezone Sites after we post any changes, you accept the updated Terms of Use.  The “Last Updated” legend above indicates when these Terms of Use were last changed.

 

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Horezone’s liability explained in Sections 14 and 15, respectively.  

1. Your Use of the Horezone Sites: You certify that the Content you provide on or through the Horezone Sites is accurate, correct, exact, faultless and that the information you provide on or through the Horezone Sites is complete.  You are solely responsible for maintaining the confidentiality, safety and security of your account including username, password, address and pin. Horezone will not be responsible for any losses arising out of the unapproved, unauthorized use of your account.  You agree that Horezone does not have any responsibility or will not be responsible if you misplace, mislay, forget, lose or share access to your device or your account details with anybody.  Any agreement between you and the issuer of your credit card, debit card, ATM card or other means of payment will continue to govern your use of such payment method on the Horezone Sites.  You agree that Horezone is not a party to any such agreement, nor is Horezone responsible for the content, accuracy, or unavailability of any method used for payment.  Your account may be restricted or terminated for any reason, at our sole discretion.  Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Horezone Sites or any portion of the Horezone Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Horezone Sites or any portion of the Horezone Sites.

2. Content and Ideas:

2A. Submitting Content and Ideas

Horezone provides functionality that enables users to make available Content and Ideas in connection with the Horezone Sites.  Any text in Content should be written in English.  You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Horezone Site.  You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 2(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use.  This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.  

2B. Horezone’s Rights to Use Content and Ideas

You grant to Horezone a royalty-free, perpetual, irreversible irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, modify, publish, edit, translate, create derivative work from, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed.  You further agree that Horezone is free to use any Ideas for any purpose.  Horezone may sublicense its rights in Content and Ideas through multiple tiers of sublicenses.  Horezone is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea.  You grant to Horezone the right to use any name associated with any Content or Idea that you make available to Horezone, although Horezone has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.  

2C.     Prohibited Content

You agree that you will not make available Content in connection with the Horezone Sites that:

·         contains your full name(s), or any other confidential personally identifiable information of yourself or others;

·         is false, fraudulent, inaccurate, or misleading;

·         is protected by or would infringe on the rights of others (including Horezone), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;

·         is obscene, indecent, pornographic, or otherwise objectionable;

·         violates any local, state, federal, or international laws or is otherwise tortious;

·         is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by in its sole discretion;

·         victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

·         is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;

·         contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Horezone;

·         impersonates another business, person, or entity, including Horezone, its related entities, employees, and agents;

·         violates any policy posted on the Horezone Sites; or

·         is intended to cause harm, damage, disable, or otherwise interfere with the Horezone Sites or our partners.

3. Monitoring by Horezone

Horezone will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Horezone Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Horezone from time to time.  Horezone will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Horezone Sites, for any reason, including violation of these Terms of Use or any Horezone Term of Use, whether for legal or other reasons.  Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Horezone for all claims resulting from any Content you make available.

4. Materials and content Available on the Horezone Sites

Horezone and its suppliers and licensors may make available various Materials.  The Materials are for educational and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.  The Horezone Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Horezone Sites, we would appreciate it if you let us know by contacting us at http://help.horezone.com/.  (Your feedback is a big part of what helps Horezone to get better at helping you and is what makes us the business we are today and the company we be tomorrow to render quality services to you)

5. Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”).  Such Products may be made available by us or by third parties.  We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites).  Such information and the availability of any Product are subject to change at any time without notice.

6. Third Party Sites

References on Horezone Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.  Horezone is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Horezone Sites operate or otherwise interact, nor is Horezone responsible for the acts or omissions of any operator of any such site or platform.  Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).
 

7. Placing an Order

7A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us.  All billing information you provide to us must be truthful, faultless and accurate.  Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.  Prior to accepting an order we may also request additional information from you.  Verification of information may be required prior to the acknowledgment or completion of any purchase.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card or ATM card (or other payment account) has been charged, we will refund your ATM card or credit card (or other applicable payment account) in the amount of the charge.  We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  Horezone may request a pre-authorization for some orders placed online with a credit, debit card and ATM card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.

7B Pricing Information; Availability

Horezone cannot confirm the price or availability of an item until after your order is placed.  Pricing or availability errors may occur on the Horezone Sites or through Marketzone Retailers.  The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product.  Horezone reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Horezone.  Horezone may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Pricing for products may be different on the Horezone Sites or from prices available in Horezone stores or on Horezone Apps.

7C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise transferred.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.  We reserve the right in our discretion to impose conditions on the offering of any promotional code.

8. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping instruction contained on the Horezone Sites.  All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the Horezone Sites to addresses outside the Nigeria is limited.

9. Intellectual Property

The Horezone Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Horezone, and are protected by Nigeria and international trademark, copyright, and other intellectual property laws.  Materials are licensed (not sold) to end users.  Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Horezone to use the Horezone Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.  In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Horezone to use the Horezone Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sub licensable basis, to install and use the Horezone Apps on a mobile device that you own or control, solely for your personal, non-commercial use.  If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Horezone Apps and remove (that is, uninstall and delete) the Horezone Apps from your mobile device.

No license, right, title, or interest in the Horezone Sites or any Materials is transferred to you as a result of your use of the Horezone Sites or your accessing, viewing, downloading, or printing of the Materials.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Horezone Sites.  The Horezone Sites and Materials may be used only as a personal shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Horezone Sites and the Materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of the Horezone Sites and Materials is the exclusive property of Horezone and is also protected by Nigeria and international copyright laws.

HOREZONE, HORE-ZONE, the HOREZONE.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the HOREZONE Sites are trademarks or trade dress of HOREZONE in Nigeria and other countries.  All other marks are the property of their respective companies.
 

10. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others.  If you believe that your work has been copied and is accessible on the Horezone Sites in a way that constitutes copyright infringement, please contact us through our support centers for instructions on how to contact us to report possible copyright infringement.
 

11. Privacy

You acknowledge that any personal information that you provide through the Horezone Sites will be used by Horezone in accordance with Horezone’s Privacy Policy, which may be updated by Horezone from time to time.  If you purchase an item on Horezone.com sold by a Market zone  Retailer or a Horezone supplier, Horezone may share certain information with that Market zone Retailer or supplier to permit the Market zone Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide good customer service.   
 

12. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Horezone Sites may be governed by rules that are separate from these Terms of Use.  If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.  If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

13. Terms Applicable to Special Horezone Services

A. Horezone Market zone

Horezone operates an online market zone program on the Horezone Sites which enables Market Retailers to sell their products alongside Horezone  products and, once an order is placed, to ship such Market zone Retailers’ products directly to the customer (the “Horezone Marketplace”).  Any use of the Horezone Marketplace is subject to the following additional terms:

·         When we say “Marketzone Retailer,” we mean any entity or retailer that sells goods or services in Horezone Marketzone through the Horezone Sites, uses any order processing, fulfillment, shipping, or other services related to the Horezone Market zone provided by or for Horezone, or uses any platform, portal, web service, application, interface, or other tool provided by or for Horezone in connection with the Horezone Marketzone.

·         To the fullest extent provided by applicable law, Horezone has no responsibility or liability for any Market zone Retailer or their products. 

B.  Horezone Checkout Services

·         You agree to accurately review all products and services you have order on Horezone site before checkout, when ordering your product, and to pay for all products you obtain from any Horezone.com website.  If you are unable to review any products you have purchased on Horezone site for any reason (including due to lack of connectivity), please contact the Horezone support centers to make sure all items are reflected on your order or electronic receipt.  

·         You agree to fully cooperate with us and our employees during your use of any Mobile Checkout Services, including by providing any identification or verification required for the purchase of certain products and services.  

·         We may restrict, suspend, or terminate your right to use any Horezone  Mobile Checkout Services at any time in our sole discretion.  We may cease or suspend offering any Mobile Checkout Services at any time without notice to you.

 

C.     Orders

·         Once you have placed an order for Horezone product and services, we will send you an order acknowledgment by email setting out what you have ordered.  This is not an order confirmation or acceptance from us.  

·         There may be a minimum order value, which may change from time to time.  In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you.  All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order.  The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable.  In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.

·         Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made.  These limitations will be provided when you place your order.   We may, in our discretion, provide you with a refund in certain circumstances.  If you are not satisfied with your order, please contact the horezone contact center or apply for a refund through your dashboard.

·         We will not provide you a refund for certain goods which by nature cannot be returned.  Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).

·         Notwithstanding the foregoing, all refunds will be subject to our discretion.

D. Horezone Delivery services and Pickup

·         We aim to deliver your goods within the delivery or pickup option you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date.  Horezone will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.

·         We can only deliver to an address stored in your address book in your account on Horezone site.

E. Horezone Pricing model

·         Pricing for Horezone product will be the same prices as if you shopped in the retailer store that have list there product on Horezone site.  If a product price changes between the time you place your order and the day your order is packed for delivery, the price in which you order the product remain the same.  Please note that due to differences in distribution, regional competition, and other factors, prices may vary on Horezone.com website, and so the prices of a single product might vary based on the retailer and method of sourcing those products.  Horezone.com or it’s affiliate does not compete or match prices from other online or physical stores.

 

14. Disclaimer of Warranties

THE HOREZONE SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HOREZONE SITES, ARE PROVIDED BY HOREZONE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NO HOREZONE ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HOREZONE SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HOREZONE SITES.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE HOREZONE ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, THE HOREZONE ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE HOREZONE SITES.  YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE HOREZON SITES IS AT YOUR SOLE RISK.  THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OR SELLER OF AN ITEM THAT IS SOLD BY HOREZONE TO YOU THROUGH THE HOREZONE SITES.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE HOREZONE SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE HOREZONE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO HOREZONE ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE HOREZONE SITES.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
 

15. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, HOREZONE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HOREZONE SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A HOREZONE ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO HOREZONE ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE HOREZONE SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO HOREZONE ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE HOREZONE SITES.

16. Indemnification

You agree to defend, indemnify, and hold the Horezone Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Horezone Sites or any breach by you of these Terms of Use.  Horezone reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Horezone and as requested by Horezone in the defense and settlement of such matter.
 

17. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  Using or accessing the Horezone Sites constitutes your acceptance of this Arbitration provision.  Please read it carefully as it provides that you and Horezone will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HOREZONE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT HOREZONE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

18. Termination

These Terms of Use are effective unless and until terminated by either you or Horezone.  You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Horezone Sites.  We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Horezone Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.  Upon any termination of these Terms of Use by either you or Horezone, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Horezone Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise.  The following sections will survive any termination of these Terms of Use: “Your Use of the Horezone Sites,” “Content and Ideas,” “Monitoring by Horezone ,” “Materials Available on the Horezone  Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Horezone,” “Shipping and Delivery,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.
 

19. General

These Terms of Use represent the complete agreement and understanding between you and Horezone, all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.  These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchis or-franchisee relationship between you and Horezone.  Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.  The failure of Horezone to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Horezone rights with respect to such breach or any subsequent breaches.  You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.
 

20. How to Contact Us

If you have any questions or comments, please contact us at support@horezone.com