Last updated: July 1, 2024
Please read these Terms of Use (the “Terms”) carefully before you engage with our services. These Terms, together with any documents expressly incorporated by reference, govern your access to and use of thirdhorizonstrategies.com (the “Site”) and any platforms, applications, content, functionality, and services offered on or through the Site or otherwise by Third Horizon Strategies (collectively, the “Services”), whether as a guest or a registered user. The Services are owned by Third Horizon Strategies LLC (“Company,” “we,” “us,” “our”). Company and its affiliates provide the Services to you (the “user”, “you”, and “your”, as applicable) only if you are authorized by a customer that has entered into an agreement with Company for the Services and subject to your acceptance of and compliance with these Terms. These Terms are effective as of June 1, 2024. You may use the Services for lawful purposes only, in accordance with these Terms. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Services.
These Terms constitute a legally binding agreement between you and Company. By using the Services, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; (3) are authorized by a customer that has entered into an agreement with Company to use the Services; and (4) accept these Terms and agree that you are legally bound by them. Your use of the Services manifests your agreement to be bound by these Terms each time you access the Services. If you do not agree to any of these Terms, do not use or access the Services.
Company grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the Services, regardless of the medium by which the Services are accessed by you (e.g., via a web or mobile browser). This license does not include any rights not specifically enumerated herein.
You acknowledge that your use of the Services is at our sole discretion and your license to use the Services may be terminated by us at any time, for any reason or for no reason, and shall automatically terminate if our agreement with the customer in which you are an authorized user terminates or expires. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Services, to terminate any user’s account, where applicable, and to alter or delete any material submitted to the Services through the user’s account, where applicable. Following termination of this license, these Terms shall apply to the extent practicable.
Unless otherwise noted, all content and functionality provided on or through the Services, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof, is the property of Company or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content and functionality on the Services is either the property of Company or is used by us with the permission of its owner. The compilation of the Services is the exclusive property of Company and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Company’s ownership of the Services and content.
The trademarks, logos, and service marks displayed on or through the Services are owned by Company and other third parties, and the Services’ trade dress is owned by Company. All trademarks not owned by Company are the property of their respective owners, and, where used by Company, are used with permission. Nothing contained on the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Company’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Services.
Some products and processes offered on or through the Services may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Any and all products or processes on the Services are either the property of Company or are used by us with the permission of its owner. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on the Services.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Services, including any copyrighted patented, or trademarked content. You may only use the materials and content on the Services as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Services is strictly prohibited and may violate copyright, patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Before you can make use of certain features and/or functionalities of the Services, you may be required to register with the Services and create an account. You agree and warrant that all information you provide to us through the Services, including but not limited to any contact information or registration information, is truthful, accurate, up-to-date, and you are over the age of 13. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge, including but not limited to breaches or misuse of your personal information, unauthorized payments or fund transfers, or financial loss.
By creating an account, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Services, as permitted under the CAN-SPAM Act.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation.
From time to time, Company may make available, as part of the Services, certain functionalities, features, or sections that allow users to post, submit, publish, display, or transmit to others (hereinafter, “post”) materials through the Services. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not Company, are solely responsible for all Content that you post or otherwise make available through the Services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you post through the Services, that use of any Content you post does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you post will not cause injury to any person or entity.
When you post Content through the Services, you hereby expressly grant Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.
Company has no obligation to review, monitor, delete, or edit the Services, including Content submitted by users. However, you acknowledge and agree that Company has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. Company shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that Company may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its affiliates, personnel, other users, and the public. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The information, statements, and/or opinions expressed in postings or other Content made available through the Services may not represent the views or opinions of Company or its advertisers, sponsors, affiliated or related entities. Company does not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content available through the Services is provided “as is.” Under no circumstances will Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Services. You should be aware that your use of and reliance on Content is at your own risk.
The information made available through the Services may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. Company also reserves the right to limit the scope of the Services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.
The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Company, and Company is not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Company. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that Company does not endorse the products or services offered on Third-Party Websites and you shall hold Company harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Company harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Services, please write to Company at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Company will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Company’s contact for submission of notices under this Section is: Third Horizon Strategies, Legal Department, 320 S Canal Street, Suite 3030, Chicago, IL 60606.
THE SERVICES AND THE SERVICES’ CONTENT ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFORMATION ACCESSIBLE THROUGH THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE. YOUR USE OF AND RELIANCE ON THE SERVICES AND ANY CONTENT MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING, USAGE, OR TRADE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT OF THE SERVICES.
THE SERVICES ARE CONTROLLED, OPERATED, AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. ANY OFFER FOR ANY SERVICE OR PRODUCT MADE IS VOID WHERE PROHIBITED.
NEITHER COMPANY NOR ANY OF COMPANY’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO: (1) DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR LOST PROFIT; (2) ATTORNEYS’ FEES; OR (3) ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY TO ACCESS THE SERVICES WITHIN THE PRECEDING THREE (3) MONTHS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Services; (b) content you post or submit to the Services; or (c) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Services, do not agree with any part of these Terms, or have any other dispute or claim with or against Company with respect to these Terms or the Services, your sole and exclusive remedy is to discontinue using the Services.
The laws of the State of Illinois shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of the Services, whether at law or in equity, must be brought exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the city of Chicago and County of Cook, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
You understand that by agreeing to this class action waiver, you may only bring a dispute against us in an individual capacity, not as a representative or member of a purported class, or as a private Attorney General. You agree that any disputes shall not be consolidated with any dispute of any other party. You agree that the arbitrator may not consolidate their claims with any other party, and may not otherwise preside over any form of a representative or class proceeding.
Except as otherwise expressly set forth in a separate written agreement between you and Company, these Terms, including any documents referenced herein, represent the entire understanding between you and Company regarding your relationship with Company and use of the Services, and supersedes all other agreements, express or implied, written or oral, between you and Company. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Company.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Company’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms. Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved. The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, arbitration, licensing, ownership, confidentiality, damage limitations, venue, jurisdiction, and indemnification.
Company respects and is committed to the security and confidentiality of your personal information. Please review our Privacy Policy, which also governs your use of the Services, to understand Company’s privacy practices. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms. A copy of our Privacy Policy can be accessed at https://thirdhorizon.com/privacy-policy/.
We reserve the right, in our sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Services. Your continued use of the Services following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms at the start of each use of the Services. If you do not agree to these revised Terms of Use, do not access or use the Services.
Where required, Company may give notice to you by a general posting through the Services, by electronic mail, or by conventional mail to your address of record. You may give notice to Company by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Services, or your dealings with Company, please contact us at:
Third Horizon Strategies, Legal Department, 320 S Canal Street, Suite 3030, Chicago, IL 60606, info@thirdhorizonstrategies.co