Horizen does not guarantee that access to or use of this website or any of the Services will be uninterrupted or error free, and Horizen shall not be liable for any feature not being accessible or for any unavailability of the Services. The Services may be expanded, limited or modified at any time by Horizen without advance notice or reason. Horizen may also, in its sole and absolute sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Services, without notice. To access some of the content or features of the Services, Users may need to enhance or update the hardware or software in their computer systems. Horizen assumes no responsibility for any failure to access the Services, partially or fully, whether due to the User&aposs system, the Internet network or any other cause.
User is granted permission to access, download and use the Services, provided that User shall:
These Terms do not transfer from Horizen to you any Horizen or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Horizen. “Horizen” and other Horizen graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. Horizen’s trademarks and trade dress, as well as third party trademarks, logos and service marks used in conjunction with the Services, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Horizen. Your use of the Services grants you no right or license to reproduce or otherwise use any Horizen or third-party trademarks. To the extent Horizen elects to license its software you will be subject to the terms and conditions set forth herein, including but not limited to the User Restrictions in Section 3. Certain logos, such as those for the operating systems and platforms Horizen supports as well as those of our sponsors and partners are copyrighted by their owners. Horizen does not own those copyrights, and use of those copyrights is not permitted without their permission.
Horizen does not provide legal, tax, financial, or investment services. Since each User&aposs situation is unique, a qualified professional should be consulted before making financial decisions. The Services do not constitute investment advice or a solicitation to buy, hold, invest in, own, or use ZEN. Horizen will not be responsible for any damages, claims, or losses arising from the use of ZEN, including the actions or inactions or events related to third parties, security problems during the use of any ZEN-related software or service, technical failures during the use of any ZEN-related software or service, software or data corruption problems during the use of any ZEN-related software or service, or user errors during the use of any ZEN-related software or service.
Horizen makes no representations as to the accuracy, thoroughness or quality of the information presented to Users through the Services, which is provided only on an "AS-IS" and "AS AVAILABLE" basis at User&aposs sole risk. Horizen shall not be responsible or liable for any errors, omissions or inaccuracies in the content. The information provided is neither comprehensive nor appropriate for every individual. Some of the information is relevant only in certain parts of the world, and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial or business purpose. In addition, the opinions and views expressed in any forum post are solely those of the author(s) of the article and do not reflect the opinions of Horizen. The content may be modified at any time by Horizen, without advance notice or reason, and Horizen shall have no obligation to notify you of any corrections or changes to any content.
If you post material to the site, post links on the site, or otherwise make (or allow any third party to make) material available by means of the site (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through the Services by third parties ("Third Party Content") are solely those of their respective providers and not of Horizen which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Horizen shall not be liable for any damage or loss caused by Users&apos reliance on or other use of Third Party Content.
As a convenience to Users, Horizen may provide links to other sites or resources. Because Horizen does not have control over such sites and resources, Horizen is not responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Horizen of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Services. The information available on Third Parties&apos websites may have certain restrictions on its use or distribution which differ from these Terms.
Horizen does not guarantee that files available for downloading will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
Some Horizen Services may be password protected and available only to Users who are registered ("Password Protected Areas"). Registration requires Users to fully complete the account registration process. Horizen reserves the right to deny or revoke registration or access to Password Protected Areas for any User. Users are responsible for maintaining the security of the password they set. Horizen will not be liable for any loss or liability incurred as a result of an unauthorized person using a User&aposs password.
THE SERVICES ARE PROVIDED “AS-IS.” HORIZEN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
IN NO EVENT WILL HORIZEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES EVEN IF HORIZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY DIRECT DAMAGES THAT RESULT FROM: (1) THE USE OF, OR INABILITY TO USE, THE SERVICES; (2) THE PERFORMANCE OF THE SERVICES; OR (3) ANY FAILURE IN THE SERVICES. USER ASSUMES TOTAL RESPONSIBILITY FOR THE USE OF THE SERVICES. USER’S ONLY REMEDY FOR DISSATISFACTION WITH THE SERICES IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THE TERMS HEREIN, HORIZEN IS FOUND LIABLE TO USER FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH USER’S USE OF THE SERVICES, HORIZEN’S LAIBLITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY USER TO HORIZEN DURING THE PREVIOUS TWELVE (12) MONTHS. IN ADDITION TO THE FOREGOING LIMITATIONS OF LIABILITY, USER AGREES THAT USER WILL NOT JOIN ANY CLAIM AGAINST HORIZEN WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO CLAIM USER HAS AGAINST HORIZEN SHALL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT USER WILL NOT ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY AGAINST HORIZEN ON BEHALF OF ANYONE ELSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS HORIZEN&aposS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
User agrees to defend, indemnify, hold harmless and defend Horizen and its directors, officers, employees, contractors, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees and expert fees) due to, arising out of or relating in any way to User’s use of, or access to, the Services.
a. These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provisions. Each party irrevocably agrees that any claim brought by it in any way arising out of the Services must be brought solely and exclusively in state or federal court located in Delaware, and each party irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally, with respect to any action, suit, or proceeding brought by it or against it by the other party.
b. These Terms shall constitute the entire agreement between Horizen and User and contains all of the understandings and agreements of the parties in respect of the subject matter hereof. Any and all prior understanding and agreements, expressed or implied, between the parties hereto in respect of the subject matter hereof are superseded hereby. In the event any one or more of the terms or provisions contained herein shall be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions herein shall not in any way be affected or impaired, except that, in such an event, these Terms shall be deemed revised in order to provide the party adversely affected by such declaration with the benefit of its expectation, evidenced by the provision(s) affected by such a declaration, to the maximum extent legally permitted.
c. No waiver of any breach of these Terms shall: (i) be effective unless it is in a writing which is executed by the party charged with the waiver, or (ii) constitute a waiver of a subsequent breach, whether or not of the same nature. All waivers shall be strictly construed. No delay in enforcing any right or remedy as a result of a breach of these Terms shall constitute a waiver thereof.
d. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. No right or remedy conferred by these Terms is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.
e. Any ambiguities herein will not be strictly construed against the drafter of the language concerned but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms will not be construed against any party by reason of its preparation. In the event any suit or other action is commenced by Horizen to construe or enforce any provision of these Terms, in addition to all other amounts Horizen shall be entitled to receive from User, Horizen shall recover its reasonable attorneys fees and court costs.
f. These Terms were last reviewed on December 1, 2018.