Please read this Access Agreement (“Agreement”) carefully before accessing Horton’s Art LLC information through the Horton’s Art Client Portal (the “Site”). This Agreement is entered into between Horton’s Art LLC and any individual or entity that accesses or uses the Site (the “User” or “You”). As a condition to accessing the Site, the User agrees to be bound by the terms of this Agreement. Use of or access to the Site means You accept and agree to be bound by these terms. If You do not wish to be bound by this Agreement, do not access this Site.
Access to and Interacting with the Site
You are responsible for providing all hardware, software, telephone or other communications equipment and/or services you need to connect to the Internet and access the Site. You are also responsible for all Internet access charges, telephone charges, digital certification costs, or other fees or charges You incur in connecting to the Internet and accessing or interacting with the Site.
Horton’s Art LLC does not guarantee access to the Site or that access will be uninterrupted or error-free. The Content within the Site may include technical or other inaccuracies or typographical errors. Under no circumstances shall Horton’s Art LLC be liable to You for any decision made or action taken by You in reliance on the Content. Changes are periodically added and will be incorporated in the Content. Horton’s Art LLC may make changes in the Content at any time.
You agree to access and use the Site only for lawful purposes and to employ reasonable security practices (e.g., changing passwords frequently, log off of the Site, lock unattended computers, etc.) to protect Your information as needed. You are solely responsible to know and follow all laws, statutes, rules and regulations pertaining to (i) Your use of the Site, including any interactive areas, (ii) the use of any networks or other services connected to the Site, and (iii) the communications means by which You connect Your modem, computer, or other equipment to the Site.
By accessing the Site, You agree to not:
- Restrict or inhibit any other user from using this Site;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including any transmissions constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
- Post or transmit any information, software, or other material which violates or infringes the rights of others, including privacy, confidentiality, or publicity rights, or copyright, trademark or other proprietary rights or derivative works, without first obtaining permission from the owner or rights holder;
- Post or transmit any information, software or other material which contains a virus, malware, or other harmful component;
- Post, transmit or exploit any information, software or other material for commercial purposes or advertising;
- Alter, damage, delete or unlawfully copy any Content or other communication that is not Your own Content or to otherwise interfere with the ability of others to access the Site;
- Disrupt the normal flow of communication;
- Claim a relationship with or to speak for any business, association, institution or other organization for which You are not authorized to claim such a relationship;
- Participate in the unauthorized use or disclosure of any information accessed for any purpose;
- Claim ownership rights to Horton’s Art LLC applications, code, or structural framework of any Horton’s Art LLC database accessed from the Site.
Your only right with respect to dissatisfaction with any policies, guidelines, or practices of Horton’s Art LLC in operating the Site is for You to stop accessing the Site. Horton’s Art LLC may terminate or temporarily suspend Your access to this Site without notice for conduct that Horton’s Art LLC believes is a violation of this Agreement, Horton’s Art LLC policies or guidelines, or for other conduct which Horton’s Art LLC believes, in its sole discretion, is harmful to Horton’s Art LLC or other Users. Horton’s Art LLC may terminate access on inactive or closed accounts without notice. Horton’s Art LLC may discontinue operating the Site and/or terminate this Agreement without notice at any time for any reason in its sole discretion.
You agree to indemnify and hold harmless Horton’s Art LLC, its employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from breach of this Agreement, Your use or access of the Site or any Internet site linked to or from the Site, or as a result of the transmission of any Content on the Site.
Terms of Agreement
The provisions of this Agreement shall survive the termination or expiration of this Agreement. If any provision of this Agreement, or any other policy, is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intent of the parties and the remaining portions will continue in full force and effect. Horton’s Art LLC’s failure to insist upon or enforce strict performance of any part of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be construed and interpreted under the laws of the state of Washington. The venue of any action arising from this Agreement shall be in the Superior Court for Kitsap County. This Agreement is personal to You and You may not assign Your rights or obligations to anyone. A violation of any term by You may result in monetary, civil and/or criminal penalties.