Terms of Service

1. Acceptance of these terms

These Terms of Service (“Terms”) are a binding agreement between HORIZON TECH SOLUTION LLC (“Horizon,” “we,” “us,” or “our”) and you, and, if you use the website on behalf of a business or organization, that business or organization (together, “you”). They govern your access to and use of horizontechsolution.net and any related pages, forms and content (the “Site”).

By accessing or using the Site, or by submitting a form through it, you agree to these Terms, our Privacy Policy and our B2B Disclaimer, which are incorporated by reference. If you do not agree, do not use the Site.

2. Business use and eligibility

The Site and our services are intended solely for businesses and organizations located in the United States. By using the Site, you represent and warrant that:

• you are at least 18 years old and able to form a binding contract;
• you are using the Site for business purposes on behalf of a business or organization located in the United States, and you have authority to bind it to these Terms;
• you are not using the Site or our services for personal, family or household purposes; and
• the information you submit is accurate, current and complete, and you have the right to provide it.

We may decline any inquiry or engagement, including from persons or businesses outside the United States, at our sole discretion.

3. Our services and separate agreements

Horizon provides software development and business consultation services. The Site describes those services for general informational purposes only. Any services we perform will be governed exclusively by a separate written agreement signed by authorized representatives of both parties, such as a master services agreement, statement of work, proposal or order form (a “Services Agreement”). If these Terms conflict with a Services Agreement, the Services Agreement controls with respect to those services. Nothing on the Site creates a client, partnership, fiduciary, employment or agency relationship.

4. Estimates, calculators and no offer

Content on the Site, including descriptions of services, technical blueprints, timelines, operating benchmarks, and the results of any calculator or estimator (such as the ROI estimator), is illustrative and is not an offer, quote, warranty or guarantee. Pricing, scope, timelines and deliverables are binding only when set out in a signed Services Agreement. Requesting a strategy call does not obligate either party to enter into any agreement.

5. Limited license to use the Site

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your internal business purpose of evaluating and communicating with Horizon. All rights not expressly granted are reserved.

6. Acceptable use

You agree not to, and not to permit anyone else to:

• use the Site in violation of any applicable federal, state or local law or regulation;
• submit false, misleading or fraudulent information, impersonate any person or entity, or misrepresent your affiliation with a business;
• send spam, unsolicited advertising, or automated or bulk submissions through our forms;
• probe, scan or test the vulnerability of the Site, or breach or circumvent any security or authentication measure, without our prior written authorization;
• interfere with or disrupt the Site, including through denial-of-service attacks, excessive requests or the transmission of malware;
• scrape, crawl or harvest content or data from the Site by automated means, other than through standard search-engine indexing that honors our robots.txt file;
• copy, modify, distribute, sell or create derivative works from the Site’s content, design or code, except as expressly permitted; or
• use the Site’s content to train machine-learning or artificial-intelligence models without our prior written consent.

7. Intellectual property

The Site and its content, including text, graphics, user-interface design, code, shaders, logos and the names “Horizon Tech Solution” and “HORIZON TECH SOLUTION LLC,” are owned by or licensed to Horizon and are protected by United States copyright, trademark and other intellectual-property laws. Ownership of work product created under a Services Agreement is governed solely by that Services Agreement.

If you send us suggestions or feedback about the Site or our services, you grant us a perpetual, irrevocable, royalty-free right to use that feedback without obligation to you.

8. Submissions and confidentiality

Information you submit through the Site is handled in accordance with our Privacy Policy. However, submissions made before a written non-disclosure agreement or Services Agreement is in place are not treated as confidential or proprietary, and no confidential relationship is created by your submission. Please do not send trade secrets, source code, credentials or other confidential information through the Site. We are happy to sign a mutual non-disclosure agreement before detailed discussions.

9. Third-party links and trademarks

The Site may link to or reference third-party websites, products and technologies. We do not control and are not responsible for third-party content, products or practices. Third-party names, logos and trademarks (including technology names listed on the Site) are the property of their respective owners and are used for identification purposes only; their use does not imply endorsement of, affiliation with, or sponsorship by those owners.

10. Disclaimer of warranties

The Site and all content are provided “as is” and “as available,” without warranties of any kind, express, implied or statutory. To the fullest extent permitted by law, Horizon disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, error-free, secure or free of viruses or other harmful components, or that any content is complete, current or suitable for your purposes.

11. Limitation of liability

To the fullest extent permitted by law, in no event will Horizon or its members, managers, officers, employees, contractors or agents be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or relating to the Site or these Terms, however caused and under any theory of liability, even if advised of the possibility of such damages.

Horizon’s total cumulative liability arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars (US $100). These limitations apply to the maximum extent permitted by applicable law and do not limit liability that cannot be limited by law. Liability for paid services is governed exclusively by the applicable Services Agreement.

12. Indemnification

You will defend, indemnify and hold harmless Horizon and its members, managers, officers, employees, contractors and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms, your misuse of the Site, or your violation of any law or the rights of any third party.

13. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of New Mexico and applicable federal law of the United States, without regard to conflict-of-law principles. The parties submit to the exclusive jurisdiction of the state courts located in Bernalillo County, New Mexico, and the United States District Court for the District of New Mexico, and waive any objection to venue or inconvenient forum in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

To the fullest extent permitted by law, each party waives any right to a jury trial in any proceeding arising out of or relating to these Terms or the Site. Any claim must be brought in an individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

14. Electronic communications

By using the Site or emailing us, you consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing, consistent with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the New Mexico Uniform Electronic Transactions Act.

15. Export controls and sanctions

You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted-party list, including the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). You will comply with all applicable U.S. export-control and sanctions laws.

16. General provisions

• Entire agreement. These Terms, together with the Privacy Policy and B2B Disclaimer, are the entire agreement between you and Horizon regarding the Site.
• Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• Independent parties. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• Survival. Sections 7 through 13 and any other provisions that by their nature should survive will survive termination of your use of the Site.

17. Changes to these Terms

We may modify these Terms at any time by posting the revised version on the Site and updating the “Last updated” date. Changes are effective when posted and apply to use of the Site after that date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. We may suspend or discontinue the Site, or your access to it, at any time.

18. Contact

Questions about these Terms may be directed to: