Terms and Conditions of Use

Thank you for visiting the horn.com web site (the “Site”). Please read these Terms and Conditions of Use (the “Agreement”) carefully before using the Site. By using the Site, you agree to comply with the Agreement. If you do not agree to comply with the Agreement, you may not use the Site. A.H. Horn & Associates Ltd and HORN Training & Consulting (“HORN”) and its affiliates (collectively, “we”, “us”) reserve the right, at our sole discretion, to modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. You agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Site shall be deemed your conclusive acceptance of the modified Agreement.

1. Proprietary Nature of Site and Content

The Site, and all text, information, images, audio, video and other material (“Content”) posted on the Site, are protected by copyright, trade-mark, and other intellectual property and proprietary rights laws, and are owned and/or controlled by HORN and/or its affiliates, licensors and related companies. All Content posted on this Site, remains the valuable intellectual property of its owner(s), and is made available on the Site solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content.

2. No Rights Granted in Trade-Marks or Content

Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying HORN and/or its affiliates, licensors and related companies, or their respective products and services displayed on the Site, without the expressed written consent of the applicable rights holder. You do not acquire any ownership rights in any Content, nor are you granted any commercial, sale, resale, reproduction, licensing or sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use rights with respect to the Content.

3. Your Limited Rights with Respect to Content

You may only copy and store Content on your own computer for your personal, non-commercial home use, and you may not copy, forward, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Content to another recipient. You are hereby advised that HORN, its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.

4. Prohibited Use of the Site and Content

Your use of the Site and Content must comply with this Agreement, all applicable laws and all applicable HORN policies. Without limitation, you may not use the Site to directly or indirectly:

1. invade another person’s privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, email addresses, last names, etc.);
2. “stalk” or otherwise harass another person;
3. harm minors;
4. unlawfully promote or incite hatred;
5. impersonate any person or entity, including, but not limited to a HORN official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

5. Uploaded Content

5.1 Grant of Rights

With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Site (your “Contributions”), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions, and to incorporate them into other works, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the Site. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Contributions.

5.2 Moral Rights Waiver

You irrevocably waive your so-called moral rights with respect to your Contributions, in connection with our exploitation of the rights granted to us in this Agreement.

5.3 Prohibited Content

You will not upload, post, transmit, distribute, or otherwise disseminate or make available on or through the Site any Content that:

1. is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the Content and to grant us all of the rights granted herein;
2. is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive, threatening, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
3. implies or suggests an endorsement by us;
4. in the case of audio or video Content, is greater than ten (10) minutes in duration;
5. contains advertising, a solicitation of funds, or a solicitation for goods or services; or
6. otherwise violates this Agreement or any applicable municipal, provincial, federal or international law, order or regulation.

5.4 Third Party Clearances

You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.

5.5 Removal of Content

HORN has no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through the Site, and HORN is not responsible for any of this Content. However, HORN reserves the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that it deems in its absolute discretion, unacceptable, undesirable or in violation of any law or this Agreement.

5.6 Responsibility for Uploaded Content

You will be solely responsible for any Content that you make available through the Site, and any liability resulting from its use as contemplated in this Agreement. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the Site.

5.7 Postings Non-Confidential

Any communications, comments, ideas or concepts that you post to the Site will be treated as non-confidential and non-proprietary. You agree that HORN and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

6. Third Party Content

6.1 Third Party Content

You acknowledge that, despite the prohibitions above, Content posted on the Site by other end users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. We do not have control over Content provided by third parties, and assume no responsibility or liability for it. Content you access or transmit using the Site is accessed and transmitted at your own risk.

6.2 Third Party Web sites

Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express nor an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed on any linked web sites, and such web sites are in no way investigated, monitored or checked by us.

7. Linking and Framing

Unless otherwise agreed in writing by us, you may only provide a hypertext link to the Site on another web site, provided that

1. the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trade-marks;
2. the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us;
3. the link, when activated by a user, must display the Site full-screen and not within a “frame” on the linked web site; and
4. we reserve the right to revoke our consent to the link at any time in our sole discretion.

8. Security

You may be issued a unique user name and password to access portions of the Site. You are solely responsible for protecting your user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify HORN immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.

9. Termination

This Agreement shall continue indefinitely until terminated by you or us pursuant to the provisions hereof or in accordance with applicable law. We may discontinue, or terminate your access to, the Site or any portion of the Site, at any time without notice to you. Our discontinuance of the Site or any portion of the Site may result in the removal or deletion of Content made available by you. You are responsible for maintaining any required back up copies of such Content. HORN will not be liable to you with respect to its deletion of any Content.

10. Disclaimer of Warranties

The site, and all content, material, information or postings found on or accessed through the site, are provided on an “as is” basis. HORN, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the site or the content contained in or accessed through the site. Neither HORN nor its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the site or the content contained in or accessed through the site, including, but not limited to, the contents of any content, information, material, or posting found on the site (including, but not limited to, any press releases or financial information), any services provided through the site, or any links to other sites made available on the site or the content contained on such site(s), or as to the continuous or error free use and operation of the site. Neither HORN nor its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants or agents makes any representations or warranties that the site or access to and use of the site will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the site is at your sole risk.

11. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall HORN or its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from your use of, or your inability to use, any content, information, material, or postings on the site, directly or indirectly. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither HORN nor its affiliates, licensors and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.

12. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless HORN, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of this Agreement; or (b) your use of the Site, the Content contained in the Site and the placement or transmission of any Content on the Site made by you or others using your user name and password. HORN reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.

13. Privacy

Our collection, use and disclosure of personal information in connection with the Site is governed by our Privacy Policy, below.

14. Remedies & Recourse

15. Contact

To contact HORN in connection with this Agreement or the Site, send an e-mail to ltomassetti@horn.com or write to A.H. Horn & Associates Ltd, 1600 Steeles Avenue West, Suite 412, Vaughan, Ontario L4K 4M2 16.

Other Important Terms

Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as HORN may determine in any and all actions, disputes, or controversies relating hereto.

This Agreement and any rules, policies, guidelines or other agreements posted on the Site by HORN constitute the entire agreement between HORN and you with respect to your use of the Site. No waiver by either HORN or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. This Agreement has been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.

http://laws-lois.justice.gc.ca/eng/acts/p-8.6/

Your privacy is important to us, A.H. Horn & Associates Ltd (“HORN”) is committed to protecting the privacy, confidentiality, security and accuracy of the personal information we collect, use and disclose.

This privacy policy (the “Privacy Policy”) is a statement of principles and guidelines outlining how we collect, use, disclose and protect the information we collect. HORN’s privacy practices are in accordance with all applicable federal and provincial laws and regulations. Consent BY USING OUR SITES, YOU AGREE WITH THE TERMS OF THIS PRIVACY POLICY. WHENEVER YOU SUBMIT INFORMATION VIA OUR SITES, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. PLEASE BE SURE TO READ OUR ENTIRE PRIVACY POLICY BEFORE SUBMITTING INFORMATION TO OUR SITES.

Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting us. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information that may be of value to you. What personal information do we collect? Canadian privacy legislation defines personal information broadly as information about “an identifiable individual” or as information that allows an individual to be identified.

The types of personal information that we may collect from you from time to time include: your name, address, telephone number, e-mail address, and birth date. In addition, from time to time, we may ask you to provide us with more detailed information regarding your interests, occupation, and background. For example, we sometimes ask our subscribers to complete surveys in order to get a better sense of who they are and what topics may be of interest to them. Finally, from time to time, we may acquire demographic and other information about you (e.g. your occupation and interests) in order to serve you better.

Why do we collect your personal information? We collect your personal information to provide you with helpful, relevant information through our sites and e-mails. In addition, from time to time, we may use your personal information for the following purposes: to understand your needs and preferences, including to contact and communicate with you and to conduct surveys, research and evaluations; to administer contests run on our sites; to manage and develop HORN’s business and operations; to meet legal and regulatory requirements; to engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving HORN; any other purpose we may indicate to you from time to time. What happens to information provide on a contest entry? HORN uses a variety of contests and similar promotions to increase awareness of our business. We generally request contact information so that we can notify you if you are a prize winner. As well, in some cases we may contact contest entrants with product information. Contest entries generally include a way for you to indicate that you do not want to be contacted based on the information on your entry. Because contests may involve co-sponsors outside HORN who have their own privacy practices, it is always advisable to read the entry form and contest rules before entering.

To whom do we disclose your personal information?

(a) Disclosure to Service Providers

We may disclose your personal information to other companies that provide services on our behalf, including our software developers (including website developers and hosts), data processing providers, document management providers, and office services providers. We will only provide those companies with the information they need to deliver the service(s) contracted for and we will ensure that they enter into agreements with us to protect the personal information that they receive.

(b) Law Enforcement and Legal Disclosure

HORN may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where HORN has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to HORN’s legal counsel. If you would prefer for us NOT to share your information as described above, simply inform us (see “Contact Us” below). Control of your personal information

At HORN, we want you to be able to maintain control over how we use your personal information. In particular: You always have the option to instruct us not to use your name, address, e-mail address, etc. beyond providing you with the service(s) or information you requested (see “Contact Us” below). E-mail communications will always include an identification of the sender and an “Unsubscribe” option. Where is your personal information stored? Your personal information is stored in secured locations and on servers controlled by HORN, located either at our offices or at the offices of our service providers. For access to your personal information, please contact us using the contact information in the “Contact Us” section below.

How can you access and correct your personal information?

Upon written request, subject to certain exceptions, HORN will inform you of the existence, use, and disclosure of your personal information and will give you access to that information. Access requests should be sent to our Chief Privacy Officer, using the contact information in the “Contact Us” section below. If HORN determines not to provide you access to your personal information, we will provide an explanation. Individuals may request the correction of their personal information, and HORN will make the necessary correction(s).

How do we protect your personal information?

We make every reasonable effort to protect against the loss, misuse, and alteration of personal information under our control. Only authorized employees and suppliers have access to your personal information. HORN retains your personal information only as long as necessary to fulfill the identified purpose(s) or as otherwise required or allowed by law. Also, if you send us an email message, we may retain that message and your email address, as well as any response we send you.

General

For your convenience, search functions are provided on our website. We keep logs of the words searched to learn more about what kind of information our visitors are seeking, and thus improve our services. For your convenience, HORN’s website sometimes contains hyperlinks to websites managed by third parties. By activating these hyperlinks, you will leave our sites for those of the third parties, which may have different privacy policies and practices than HORN. HORN cannot be held liable for the use of such third party websites. We believe that HORN’s advertising does not appeal directly to children 13 years old and under. We do not knowingly direct our advertising at children under the age of 13, except as permitted by law. No personal information should be submitted to or posted on our sites by individuals under 18 years of age without their parent’s or guardian’s permission.

Contact Us

If you have any questions, concerns or requests relating to this Privacy Policy; please contact us at ltomassetti@horn.com. Changes to the Privacy Policy HORN reserves the right to be update, modify, or supplement this Privacy Policy from time to time. This Privacy Policy is intended to comply with the provisions of the Personal Information Protection and Electronic Documents Act (Canada).