Acceptance of the Terms of Use
Welcome to the website of Horizon Window Treatments. The following terms and conditions (together with any documents referred to herein) (“Terms of Use”) apply to your use of our website, http://www.horizonyc.com, including any web pages related thereto (the “Site”)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE IN ANY FORM SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD SIGNED AN AGREEMENT EMBODYING THESE TERMS.
If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Site. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Use, and to abide by and comply with these Terms of Use.
International Users
This Site is hosted and operated by Horizon Window Treatments in the United States, under the applicable laws of the United States and the State of New York. We make no representation whatsoever that the materials or content on the Site are appropriate or available for use in locations outside of the United States (each, an “Other Jurisdiction”). Users located or otherwise accessing the Site from outside of the United States (each, a “Non-U.S. User”) do so on their initiative and hereby (i) consent to the exclusive application of the laws of the United States and the State of New York concerning these Terms of Use; (ii) acknowledge and agree that the laws of any Other Jurisdiction shall not apply to these Terms of Use; and (iii) acknowledge and agree that Non-U.S. Users shall solely be responsible for complying with any applicable laws of such Other Jurisdictions in connection with their respective use or access to the Site.
As a consumer in the EEA, you have certain rights under the General Data Protection Regulation (GDPR) and we aim to honor those rights. Please visit https://www.eugdpr.org/ for more information.
Privacy Policy
The Company’s Privacy Policy describes our privacy practices about information collected from you when you use the Site and is hereby incorporated by reference into these Terms of Use.
Modifications to Terms of Use
We may change these Terms of Use at any time, in our sole discretion, without prior notice to you by posting changes on this page of the Site. You will be notified of any material changes to our Terms of Use on this page under “Last Update”, below. It is your responsibility to review these Terms of Use from time to time to take notice of any changes we made. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.
Last Update
Our Terms of Use were last updated on April/28/2023.
Intellectual Property Rights and Restrictions
The Site and all of the content now or hereafter included thereon, including without limitation, all photographs, images, designs, text, articles, publications, catalogs, digital downloads, product information, software, code, technology, data, video, and audio, graphics, logos, icons, slogans, trade names, product/service names, trademarks, service marks, domain names, and the “look and feel”, design, selection, and arrangement of the Site as a collective work and/or compilation (collectively the “Content”) are protected by the United States and international laws regarding copyrights, trademarks, trade dress, unfair competition, and other intellectual property or proprietary rights and are owned or licensed, as the case may be, by Horizon Window Treatments, except to the extent otherwise expressly indicated or attributed in the Content. You must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Site. No right relating to any intellectual property of Horizon Window Treatments or any other party is transferred to you or any other person as a result of your or their access to or use of this Site. In addition to the foregoing, the trademarks, logos, and service marks of Horizon Window Treatments shall not be used in connection with any product or service that is not expressly authorized by Horizon Window Treatments or in any manner that is likely to cause consumer confusion or in any manner that disparages or discredits Horizon Window Treatments.
Site Access; Limited License
Horizon Window Treatments grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Site and its Contents for your personal, noncommercial (other than for the purchase of merchandise from Horizon Window Treatments) use only. Except as otherwise provided herein, you may not copy, reproduce, modify, create derivative works from, publicly display or perform, publish, republish, transfer, sell, download (other than page caching on your web browser), store, transmit, distribute or exploit this Site, the Contents, any materials downloadable therefrom, or any related software, without the express prior written consent of Horizon Window Treatments. Any other use of the Content is strictly prohibited. Except concerning product orders placed by designers, architects, and other commercial groups by the “to the trade” portal on the Site (“Trade Partners”), you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Site or any Content; provided, however, that in no event shall any Trade Partner represent itself as Horizon Window Treatments, carry on its business in a manner that is likely to cause consumer confusion concerning Horizon Window Treatments products and/or services, or otherwise use Horizon Window Treatments’ trademarks, service marks, trade names, trade dress, logos or other intellectual properties in connection with any Trade Partner product or service. All use of the Site and downloading of Content is at your own risk.
Horizon Window Treatments and its affiliates reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice, and/or to refuse service, terminate accounts and/or cancel orders if Horizon Window Treatments reasonably believes that customer’s actual or intended conduct violates applicable law, rule or regulation, these Terms of Use, or any other policy, term, condition or disclaimer set forth on this Site or is otherwise harmful to the interests of Horizon Window Treatments or any of its affiliates.
Changes to Site
We expressly reserve the right, with or without notice to you, to change, suspend, discontinue, and/or restrict the Site or any portion or aspect thereof (including site maps, menu structures, access procedures, buttons, and/or any products, services, catalogs, publications, digital downloads, data or other information contained or available on the Site) at any time, for any reason, and without liability to you.
Prohibited Uses
You may use the Site only for lawful purposes and by these Terms of Use. You agree not to use the Site: • In any way that violates any applicable federal, state, local, or international law or regulation. • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site or otherwise use any device, software, or routine that interferes with the proper working of the Site. • Use any robot, spider, or other automatic device, process, or means to access the Site or to obtain user or other information from the Site (including, without limitation, any information residing on any server or database connected to the Site). • Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent. • Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful. • Attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. • Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.
Linking
The Site may link to Internet websites and resources operated by third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation, or recommendation by Horizon Window Treatments of such other website(s), and is for your reference and convenience only. Horizon Window Treatments has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection therewith. Linking to any third-party website is at your own risk and subject to the terms and conditions of use and privacy policies of such third-party website(s), which you should review carefully before engaging in any transactions or providing information on such website(s).
No linking to this Site is permitted without the express written permission of Horizon Window Treatments.
Colors and Textures
Horizon Window Treatments attempts to assure that the display of the colors and textures of our products that appear on the Site is as accurate as reasonably possible. However, as the actual colors and textures you see will depend on your monitor and printer, we cannot guarantee that your monitor’s display of any color will be 100% accurate.
Inaccuracy Disclaimer
Horizon Window Treatments does not guarantee that the information or Content contained on this Site will not contain errors, inaccuracies, or omissions. From time to time there may be information on the Site that contains typographical errors, inaccuracies, and/or omissions that may relate to colors, product descriptions, pricing, availability, or other Content on this Site. Horizon Window Treatments reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or Content at any time, each without prior notice to you (including before fulfilling any order that you may have submitted). Further, Horizon Window Treatments reserves the right to refuse or cancel any orders containing any error, inaccuracy, or omission, whether or not the order has been submitted, confirmed, and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Horizon Window Treatments will promptly issue a credit to your credit card. If you have you have any questions or in the unlikely event encounter such an experience, please contact our Customer Service Department at 2127594111.
User Identity and Privacy
Horizon Window Treatments does not warrant or claim to have verified the identity of any user providing User Generated Content. There may be users who post under a false identity. Horizon Window Treatments reserves the right at all times to disclose the contact, personal information, and any other information of a user as is necessary to satisfy any law, regulation, or government request, to the fullest extent of applicable law. For information on our privacy policies regarding personal information collected on the Site, please see our Privacy Policy.
Indemnification
You shall indemnify and hold harmless Horizon Window Treatments, its affiliates, and their respective officers, managers, members, agents, employees, service providers, suppliers, licensors, and licensees (collectively the “Indemnified Parties”) from and against any losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim, matter, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Site, any User-Generated Content submitted, or the breach or alleged breach of these Terms of Use by you or any other user of your account. In no event shall you settle any such Proceeding without the written consent of Horizon Window Treatments.
Choice of Law; Jurisdiction
These Terms of Use shall be governed by and construed by the internal laws of the State of New York, without regard to its principles of conflict of laws. Except as otherwise provided herein, the exclusive jurisdiction for any claim, dispute, or Proceeding (“Action”) arising out of or related to the use of this Site, any product or services provided by Horizon Window Treatments on or through this Site, or these Terms of Use shall be in the federal or state courts located in the State of New York, within Westchester County. You hereby irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objections thereto that you may have on the basis of forum non-conveniens, venue, jurisdiction, or otherwise. To the fullest extent permitted by applicable law, no Action concerning this Site (or to products or services purchased through the Site) shall be joined to an Action involving any other party, whether through class action proceedings or otherwise. You agree that any action arising out of or related to the Site (or to products or services purchased through the Site) must commence within one (1) year after such Action accrues, otherwise, such Action is permanently barred. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction (including in any Other Jurisdiction concerning a Non-U.S. User).
Copyright Violations
When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers. Please direct all such notifications to: [email protected] and insert “Re: Copyright Violation” in the subject line header of the email.
Severability; Waiver
If for any reason a court of competent jurisdiction finds any provision (or portion thereof) of these Terms of Use, to be unenforceable, the remaining provisions (or portions thereof) shall be enforced to the maximum extent permissible and shall continue in full force and effect to effect the intent of these Terms of Use. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.
Entire Agreement
These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Site) constitute the entire agreement between you and Horizon Window Treatments concerning the subject matter hereof and supersede all previous written or oral agreements between the parties concerning such subject matter.
Contact Us
If you have any questions about these Terms of Use or want to request permission to reproduce Content from this Site, please contact us in one of the following ways: E-mail us at: [email protected]