These Terms were last updated December 6, 2023.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. THESE TERMS GOVERN USER’S USE OF THE SITE, AND AFFECT USER’S LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS SHALL REMAIN IN EFFECT UNTIL USER CEASES USING THE SITE OR HORN TERMINATES USER’S RIGHT TO USE THE SITE. USER MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE THE SITE. BY REGISTERING FOR, ACCESSING, OR USING ANY PART OF THE SITE, USER AGREES THAT USER HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO BE SO BOUND, PLEASE DO NOT ACCESS OR USE THE SITE.
Horn reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. User is responsible for checking these Terms periodically for changes. User’s continued use of the Site means that User agrees to any new or modified provisions of these Terms posted on the Site.
1. Access and Use of the Site
A. Before User may access and use the Site, User first must set up an account by submitting a request to register through the Site and pending approval by us. The Site is solely intended for use by users located in the United States of America and/or Canada, and any use of the Site by any user located outside of the foregoing countries is strictly prohibited and subject to immediate termination of these Terms and revocation of your Account (as defined in these Terms). Once User has been approved and registered, User may access the Site to purchase Horn products and services. Upon completion of the registration process and acceptance of these Terms, and subject to the terms and conditions of these Terms, Horn hereby grants User a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Site solely for User’s personal use. When User registers to use the Site, User will provide Horn with information relating to User’s identity and certain other information, including User’s e-mail address, address, telephone number, and payment information.
B. To the extent that User provides any information, including but not limited to personal information, to Horn or its representatives, User warrants that (1) User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf; and (2) the use of such information by Horn and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.
C. Registration for the Site requires a valid, working e-mail address, shipping address, billing address, telephone number, payment information, and/or other information in order to initially sign up for access to and use of the Site (“Account”). Additionally, User may be required to create a username and password to securely access the Site. User is solely responsible for maintaining the strict confidentiality of any username and password User creates in order to access and use the Site. User will be solely responsible for any damages or losses that may be incurred or suffered as a result of User’s failure to maintain strict confidentiality of User’s username and password. User should immediately notify Horn in writing of any need to deactivate User’s Account due to potential or actual security concerns. Horn will not be liable for any harm related to the use or misuse of User’s username and password, User’s disclosure of such items to another person, or User’s authorization to allow another person or entity to access and use the Site under User’s login credentials. User shall be solely responsible for all orders for Horn products or services submitted through the User’s Account, whether submitted by User or an unauthorized third party.
D. User is responsible for the images and other information and/or data (including any personal information that User provides through the Site (“Information”). User acknowledges and agrees that User must provide accurate and complete Information.
F. Horn may use email and push notifications to communicate with User on a recurring basis. By providing User’s email address and/or other contact information, User consents and gives permission to be contacted by Horn and its representatives or other partners. In addition, by enabling push notifications through the Site, User consents and gives permission to receive such notifications by Horn and its representatives or other partners. User certifies that User has provided User’s own contact information.
G. Horn will use commercially reasonable efforts to provide access to the Site 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond Horn’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Site. Horn will not be liable for any failures or deficiencies in the performance of the Site by reason of maintenance, breakdown, or any event beyond Horn’s control, including without limitation natural disasters, Internet outage, interruption of service, labor disturbances, technological disaster, terrorism, or war.
H. User acknowledges that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Horn shall not be liable for any such errors, omissions, delays, or losses. User understands and agrees that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Horn shall not be responsible for any adverse consequences whatsoever of User’s connection
to or use of the Internet, and shall not be responsible for any use by User of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
I. User’s rights under these Terms will terminate automatically without notice from Horn if User fails to comply with these Terms. Upon termination, User shall immediately cease all use of the Site and any Content (as defined in these Terms) derived therefrom and destroy any copies of Content in your possession. Horn reserves the right to terminate User’s access to any or all aspects of the Site or to discontinue any aspect of the Site at any time for any reason whatsoever without notice to User.
User may only use the Site for lawful purposes. User agrees that User will not: (1) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of Horn or any third party; (2) abuse, defame, harass, or stalk any individual or other user of the Site; (3) interfere or attempt to interfere with, or damage or attempt to damage, the Site or the proper working thereof, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (4) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (5) misrepresent User’s identity, provide false information, impersonate another person or entity, misrepresent User’s affiliation with a person or entity, including, without limitation, Horn, create or use a false identity, or attempt to use another user’s account; (6) attempt to obtain unauthorized access to the Site; (7) collect, reverse look-up, trace, or seek to trace, manually or through automated means, information about other users or visitor to the Site without their express consent; (8) use any meta tags or any other hidden text utilizing the Horn name, service marks, trademarks, or product or service names; (9) advertise, offer to sell, or sell any goods or services set forth in the Site or otherwise use the Site to solicit other users, except as expressly permitted by Horn; (10) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; (11) probe, scan, or test the vulnerability of the Site or any network connected thereto, or breach the security or authentication measures on the Site or any network connected thereto; (12) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Horn’s systems or networks, or any systems or networks connected thereto; (13) use the Site or Content in furtherance of a competitive purpose or product; (14) upload or allow the ingestion of the Site, Content, or any portion thereof into a customer relationship management application or other database serving such similar function; (14) upload or allow the ingestion of the Site, Content, or any portion thereof to any machine learning, neural network, deep learning, or predictive analytics application, program, or database (or use the Site, Content, or any portion thereof in conjunction with any machine learning, neural network, deep learning or predictive analytics application, program, or database); or (15) assist any third party in engaging in any activity prohibited by these Terms.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR OTHERWISE UNDERMINE THE OPERATION OF THE SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
Horn reserves the right, in Horn’s sole discretion, to audit or otherwise monitor any information uploaded to our Sites. Horn further reserves the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.
NOTWITHSTANDING THE FOREGOING, HORN HEREBY DISCLAIMS ANY OBLIGATION TO MONITOR USE OF THE SITE OR TO REMOVE OR RETAIN ANY CERTAIN CONTENT ON OUR SITE, UNLESS OTHERWISE AGREED.
3. Risk of Loss
All purchases through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Horn’s delivery to the applicable carrier.
Horn does not take title to returned items until the item arrives at Horn’s designated shipping location. All returns of any products purchased through the Site shall be in accordance with Horn’s Return Policy.
5. Intellectual Property
A. The Site, and all intellectual property, trademarks, service marks, information, data, and other materials made available to User in connection with these Terms, together with the design of the Site, and text, scripts, graphics, and features and other content and materials therein (collectively, “Content”) are the sole and exclusive property of Horn and its licensors, and are available to User solely for purposes of User’s use of and access to the Site in accordance with these Terms. The Content is owned by or licensed to Horn and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title, and interests in and to the Content and all copyrights, trade secret rights, patents, trademarks, and any other intellectual property or proprietary rights in and to the Content shall at all times remain the exclusive property of Horn and/or its licensors. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Content.
B. Horn attempts to be as accurate as possible when describing products or services available through the Site; however, Horn does not warrant that product or service descriptions are accurate, complete, reliable, current, or error-free.
C. By submitting any information, suggestions, enhancement notations, comments, or ideas and other feedback to Horn through social media pages, responses to surveys or requests for feedback, collaborative forums, or other areas/mechanisms by which Users may submit comments or other content (collectively, “Forums”) or otherwise with respect to our Site or Services as may be offered by Horn (collectively, “Feedback”), you agree that such Feedback shall be deemed, and shall remain, Horn’s sole and exclusive property. Feedback shall not be subject to any obligation of confidentiality on Horn’s part, and Horn shall not be liable for any use or disclosure of any Feedback. Horn shall own all rights, title, and interests related to Feedback (including without limitation all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you. Please remember that any information that is disclosed in such Forums may become public information, is not maintained or treated as confidential, and you should exercise caution when deciding to disclose your personal information or other information in such Forums.
6. Privacy; Confidentiality
“Confidential Information” means any and all information disclosed by Horn to you in connection with the Site, Services, and/or your Account. Without limitation of the foregoing, these Terms and all information relating to the Site and Services are Confidential Information, including without limitation, the layout, design, structure, and functionality of the Site and Services. Notwithstanding the foregoing, “Confidential Information” does not include any information that you can demonstrate by reliable written documentation (i) was known to you prior to its disclosure hereunder; (ii) is or becomes known through no wrongful act of you; or (iii) has been rightfully received by you from a third party authorized to make such a disclosure. Except as expressly permitted under these Terms, you shall not use any of Horn’s Confidential Information except as expressly necessary to use and access the Site or Services, and shall not disclose any of Horn’s Confidential Information to any person or entity. Users shall use the same degree of care to protect Horn’s Confidential Information as such User uses to protect its own confidential information of like nature, but in no circumstances less than reasonable care. In the event Confidential Information is required to be disclosed by court order or disclosure is otherwise required by law, you shall provide prompt advance notice to enable Horn to seek a protective order or otherwise prevent or limit such disclosure.
7. Sanctions and Export Policy
You may not use the Site if you are the subject of U.S. or Canadian sanctions or of sanctions consistent with U.S. or Canadian law. You must comply with all U.S., Canadian, or other export and re-export restrictions that may apply to goods, technology, and services.
8. Communications with Users; Links to Third Parties
A. Horn, through the Site or the contact information User has provided, may contact User regarding certain offers or products of Horn or other of its partners that Horn believes may be beneficial to User. User understands and agrees that Horn may contact User in this manner. User also will be asked to grant an authorization for Horn to use User’s information in connection with its business partners and the advertising and offers that may be directed to User before Horn uses User’s information in such a manner. User may decide to authorize Horn to act in this manner by accepting such terms in the process of signing up for the Site and/or Account access. User will also have the authority to opt out of such use at any time by contacting Horn.
USER AGREES THAT USER’S USE OF THE SITE SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HORN, ITS SUPPLIERS, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, CONTENT, AND USER’S USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT. THE SITE, ALL CONTENT, AND ALL HORN PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HORN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SITE OR CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE SITE OR CONTENT; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF HORN’S OR ITS SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY TRANSMISSION TO OR FROM THE SITE; AND/OR (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER HORN NOR ANY OF ITS SUPPLIERS OR AFFILIATES WARRANT THAT (A) THE SITE OR CONTENT WILL MEET USER’S REQUIREMENTS, (B) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (C) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED.
Horn does not recommend or endorse any tests, products, surveys, opinions, or other information that may be mentioned on the Site. User’s reliance upon any information obtained or used by User is solely at User’s own risk. Horn is not responsible for the accuracy of any information or content provided or sent by User or other users of the Site. User is responsible for verifying the accuracy of any information User sends or receives through the Site, including any of User’s information, data, or records. Horn is not responsible for communication malfunctions, failures, or lost, stolen, or otherwise misdirected, transmissions, messages or entries, or the security of any such communications.
10. Limitation of Liability
IN NO EVENT SHALL HORN, ITS SUPPLIERS, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THE SITE; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE; (4) ANY TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE; (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE; AND/OR (7) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HORN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF ANY EXCLUSION, DISCLAIMER, OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND HORN OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT, OR OTHERWISE
WILL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY USER TO HORN FOR THE PARTICULAR ORDER GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS (USD $100.00 USD), WHICHEVER IS GREATER. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PORTION OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER.
Any claim or cause of action arising out of or related to User’s use of the Site, these Terms, or User’s use of Content made available through or on the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
User shall indemnify and hold Horn, its suppliers, licensors, and affiliates, and their respective officers, directors, members, managers, employees, and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from or related to User’s use of the Site, and User covenants not to sue Horn or its affiliates for any injuries to User or User’s property arising out of or related to User’s use of the Site.
12. Disputes; Governing Law and Jurisdiction
These Terms shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between User and Horn that relates to or arises in whole or in part from these Terms shall be decided exclusively by a court of competent jurisdiction located in Williamson County, Tennessee, provided, that User hereby agrees that any dispute arising out of or relating in any way to these Terms or User’s use of the Site or any information, materials or Services User obtains from Horn requires that such claim be resolved exclusively by confidential, binding, and final arbitration. The arbitration shall be conducted before three neutral arbitrators in Williamson County, Tennessee, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Punitive and consequential damages may not be awarded under these Terms.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (1) to the exclusive jurisdiction of the state or federal courts having jurisdiction over Williamson County, Tennessee for any action (A) to compel arbitration, (B) to enforce any award of the arbitrators, (C) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, or (D) to enforce Horn’s intellectual property rights under these Terms;
and (2) for service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over Williamson County, Tennessee.
Horn may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of Horn, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Horn’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by Horn, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to Horn.
14. Contact Information
If User has any questions about these Terms, Horn’s practices, or User’s dealings with the Site, please contact us at:
Mail: 1870 General George Patton Drive
Franklin, TN 37067
Attn: Customer Service