Terms and Conditions Governing the Use of the Horizon Website
Overview
Horizon Investments, LLC (“Horizon”) is a South Carolina limited liability company registered with the Securities and Exchange Commission (the “SEC”) as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended, and the rules and regulations promulgated thereunder. However, the SEC does not and has not sponsored, recommended or approved Horizon or passed upon Horizon’s abilities or qualifications in any way.
Horizon’s website is provided as a convenient method to disseminate general information pertaining to Horizon’s advisory services as well as provide access to additional investment-related information, publications and links. No part of this website may be reproduced in any manner without the express written permission of Horizon. Your use of this website is subject to the following Terms and Conditions of Use (“Terms and Conditions”).
Terms and Conditions of Use
These Terms and Conditions are a binding contract between you and Horizon. By using or accessing this website, you accept and agree to be bound by these Terms and Conditions. Your use of the website is governed by the version of the Terms and Conditions in effect on the date in which this site is accessed by you. Horizon may modify these Terms and Conditions at any time and without prior notice. You should review these Terms and Conditions from time to time, as your continued use of this site signifies your acceptance of any changes.
Information contained on this website is derived from sources believed by Horizon to be reliable. However, Horizon does not represent that this information is complete or accurate and it should not be relied upon as such. All opinions expressed herein are subject to change without notice. Horizon does not provide accounting, legal or tax advice and no portion of the Horizon website should be interpreted as such. All content on the Horizon website is presented only as of the date published or indicated, and may be superseded at any time. All content included on this site is the property of Horizon and is protected by United States copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in this site, including any text, logos, graphics, video, audio, software code or user interface design without the express written consent of Horizon.
This website and included materials do not constitute (i) an offer to sell or buy any securities, (ii) the solicitation of an offer to sell or buy any securities, (iii) the recommendation to buy or sell securities, or (iv) the representation as to the suitability or appropriateness of any security, financial product or instrument. Investors should seek financial advice regarding the appropriateness of investing in any security or investment strategy discussed or recommended on this website. There is no guarantee that any investment program or account will be profitable or will not incur a loss. Investors should note that security values may fluctuate and that price or value may rise or fall. Accordingly, investors may receive back less than originally invested. Past performance is not necessarily a guide to future performance. Individual client accounts may vary.
Some of the information on this website contains forward-looking statements. Such statements include, in particular, statements about Horizon’s plans, strategies and prospects for success. You can generally identify forward-looking statements by the use of forward-looking terminology such as “may,” “will,” “expect,” “intend,” “anticipate,” “estimate,” “believe,” “continue” or other similar words. You should not rely on any forward-looking statements because the matters they describe are subject to known and unknown risks, uncertainties and other unpredictable factors that are beyond Horizon’s control, which could cause our actual results to differ materially from those projected in any forward-looking statement we make. Actual results may vary from these projections, and the variations may be material.
Means of Access
Certain parts of the Horizon website are protected by a User ID and Password and require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Horizon website, or to any other protected materials or information, through any means not intentionally made available by Horizon for your specific use. If you have a User ID and Password for access to non-public areas of the Horizon website, you are solely responsible for all activities that occur in connection with your User ID and Password; therefore, you should take steps to protect the confidentiality of this information. You agree to notify Horizon immediately if you become aware of any disclosure, loss, theft or unauthorized use of your User ID and Password.
Indemnification
As a condition of your use of the Horizon website, to the extent permitted by law, you agree to indemnify, defend and hold Horizon and its third-party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from or in any way connected to your use of the Horizon website, or from your violation of these Terms and Conditions.
Limitation of Liability
HORIZON WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HORIZON HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM ITS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE HORIZON WEBSITE AND ANY THIRD-PARTY CONTENT.
Force Majeure
Horizon will not be liable for failure or losses caused by conditions and events beyond its control including, without limitation: fire, electrical, mechanical or equipment breakdowns, delays by third-party vendors and/or communications carriers, civil disturbances or disorders, terrorist acts, strikes, acts of governmental authority or new governmental restrictions, market fluctuations or acts of God.
Links to Third-Party Websites
This website may contain links to third-party websites. Any links to such third-party websites are provided solely as a convenience to you and not as an endorsement by Horizon of the content on such third-party web sites, or any affiliation or association with its operators. Horizon is not responsible for the content of linked third-party sites, including, without limitation, any link contained in a linked site, or any changes or updates to a linked site, and do not make any representations regarding the information, services, products or accuracy of any material contained on such third-party websites.
Changes to the Website
Horizon may terminate your access to the Horizon website or discontinue or modify the Horizon website at any time without prior notice to you. Your continued use of the Horizon website following any such modification will constitute acknowledgement of your acceptance of said modifications.
Governing Law
Except as otherwise required by law, the Terms and Conditions for this website shall be construed and all obligations hereunder shall be determined in accordance with the laws of the State of North Carolina (without regard to any conflict of laws provisions thereof).
Jurisdiction
You hereby irrevocably consent to the personal jurisdiction of the courts of the State of North Carolina located in the County of Mecklenburg and of the United States District Court for the Western District of North Carolina Charlotte Division (collectively, the “Courts”), in any action to enforce, interpret or construe any provision of these Terms and Conditions, the Horizon website or of any other agreement or document delivered in connection with these Terms and Conditions, and also hereby irrevocably waive any defense of improper venue or forum non conveniens to any such action brought in either of those Courts. You further irrevocably agree that any action to enforce, interpret or construe any provision of these Terms and Conditions will be brought only in either of those Courts and not in any other court.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS Inherent in any investment is the potential for loss as well as the potential for gain. A list of all recommendations made within the immediately preceding year is available upon written request.
HORIZON INVESTMENTS, the Stylized H, GAIN PROTECT SPEND, EMPOWER THE ADVISOR, RISK ASSIST, REAL SPEND, GOALS-BASED PERFORMANCE STANDARDS and GOALS-BASED PLANNING are all registered trademarks of Horizon Investments, LLC.
