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Horizon Shift Lab LLC Terms and Conditions

Last Updated: 17 June 2024

This page describes the Terms and Conditions of Horizon Shift Lab LLC (“Horizon Shift Lab,” “we,” “us,” or “our”).


These Terms and Conditions (“Terms”) apply to, but are not limited to, your engagement with and usage of: 
   1.    our website, including, without limitation, horizonshiftlab.com (the “Website”); and 

   2.    any and all of our products, experiences, applications, and services both online and in-person that are available for purchase or otherwise;

   3.    any content that we produce and provide paid or free access to; 

   4.    your interaction and engagement with us offline and in other formats, including, without limitation, via phone, in-person, and email.


 

Elements listed above under (2), (3), (4) such as products, services, content, and offline engagement will be referred to as the “Services” in these Terms.


These Terms apply to: visitors to the Website who view publicly-available content and all users of the Website, including without limitation, users who are browsers, vendors, merchants, and/ or potential consumers of our Services (“Visitors”), users who subscribe to Horizon Shift Lab or create an account on the Website or linked third-party application by providing a name, email, and other personal information to receive content, access information and view communication messages (“Subscribers”), those who purchase our Services (“Customers”) through our Website, social media accounts or similar.

 

Visitors, Subscribers, Customers, and any general user of the Website and/or Services will be collectively and/or interchangeably referred to as User/s (“you”, “your”) in the Terms.


The Terms is a legally binding contract between Horizon Shift Lab and you, the User. By accessing and using our Website and Services, you signify that you have read, understood, and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, our Privacy Policy, and agree that you are responsible for compliance with any applicable local, state, national and international laws and regulations, and all applicable laws and regulations.


Please note that when you follow us, view our content, communicate with us, or engage with us in any manner on our social media sites on platforms such as Instagram, Twitter, Facebook, YouTube, Spotify, Apple Podcasts, Substack and similar, you are agreeing to our Terms and the Terms and Conditions of those respective platforms.


Any new features, additions or tools which are added to the current Website and/or Services shall also be subject to these Terms.


You acknowledge that these Terms are in electronic form and have the same force and effect as an agreement in writing. 


This agreement contains a mandatory individual arbitration provision, and a class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. 


If you cannot agree with these Terms, please do not use the Website and/or Services.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1 – GENERAL CONDITIONS
By agreeing to these Terms, you represent that you are at least 18 years of age or older. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. 


The Website and/or Services are intended for residents of the United States who are at least 18 years of age or older. If you are between the ages of 13 and 18 and would like to use the Website and/or Services, you may do so only with the consent of, and under the supervision of, your parent or legal guardian. We reserve the right to request verification of such consent and/or supervision at any time and for any reason. Any other use or access to the Website and/or Services by anyone under 18 is strictly prohibited and in violation of these Terms. While we strive to enforce these age restrictions, we recognize that it is impossible to fully prevent minors from accessing the Website without proper authorization. If you believe that a child under the age of 13 has provided information to us through our Website, please contact us immediately using this form. We will do our best to remove all of the information provided by the child from our systems. 


You agree to transact with us electronically. This means that if you wish to purchase a product or service from Horizon Shift Lab or communicate with Horizon Shift Lab, you agree to do so by electronic means. You authorize us to send you important notices about our Website and/or Services, and any pending transactions to an email address you provide to us. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

 

You are responsible for your own access to the Website and/or Services. You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website and/or Services, including all devices, Internet browsers and Internet access. If you access the Website and/or Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services that you may incur using our Website and/or Services.

 

You understand that your information (not including credit card or banking information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and banking information is always encrypted during transfer over networks.


The Website and/or Services are controlled and operated from facilities in the United States. We make no representations that the Website and/or Services are appropriate or available for use in other locations. Those who access or use the Website and/or Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. 


You must abide by all applicable local and international laws. Due to the global nature of the Internet, you agree to comply with all local and global rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in the United States, the country in which you reside (or access the Internet from) and between the United States and the country in which you reside (or access the Internet from). You will comply with all applicable laws in your use of the Website and/or Services, and you will not use the Website and/or Services for any unlawful purpose.


You may not use the Website and/or Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Website and/or Services are solely directed to individuals, companies, or other entities located in the United States.

SECTION 2 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms, you are prohibited from using the Website and/or Services as follows:

  • You will not use the Website and/or Services for any unlawful purpose.


  • You will not use the Website and/or Services to solicit others to perform or participate in any unlawful acts.


  • You will not use the Website and/or Services to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.


  • You will not use the Website and/or Services to conduct fraud.


  • You will not use the Website and/or Services for any obscene or immoral purpose.


  • You will not use the Website and/or Services to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on race, ethnic origin, religion, national origin, disability, gender, age, veteran status, and/or sexual orientation/gender identity.


  • You will not upload, post, email, transmit, or otherwise make available any content that:


    •  is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, national origin, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or


    •  discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.


  • If you post any comments, you will stay on topic.


  • You will not “stalk,” threaten, or otherwise harass another person.


  • You will not collect or track the personal information of others.


  • You will not collect or harvest any personally identifiable information, including account names, from the Website and/or Services.


  • You will not infringe upon or violate our intellectual property rights or the intellectual property rights of others.


  • You will not use the Website and/or Services to spam, phish, pharm, pretext, spider, crawl, or scrape (automated or non-automated).


  • You will not use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Website and/or Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser.


  • You will not transmit spam, chain letters, or other unsolicited email or use the Website and/or Services to engage in any commercial activities.


  • You will not access or use the Website and/or Services to collect any market research for a competing business.


  • You will not submit false or misleading information.


  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. 


  • You will not hide or attempt to hide your identity.


  • You will not interfere with or attempt to interrupt the proper operation of the Website or its security features through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and/or Services through hacking, password or data mining, or any other means.


  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website and/or Services.


  • You will not upload or transmit any worms or viruses or any code of a destructive nature that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet.


  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.


  • You will not access any content on the Website and/or Services through any technology or means other than those provided or authorized by the Website and/or Services, or Horizon Shift Lab.


  • You may not bypass the measures we may use to prevent or restrict access to the Website and/or Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein and/or the Services.


  • You will let us know about inappropriate content of which you become aware. If you find something that violates our Terms, please let us know immediately.


​

We reserve the right, in our sole and absolute discretion, and without notice to deny you access to the Website and/or Services, or any portion of the Website and/or Services, and to remove or modify any content uploaded or shared by you that does not adhere to these Terms.

We reserve the right to refuse service and/or access to anyone for any reason at any time.

SECTION 3 – OUR INTELLECTUAL PROPERTY
The Website, materials contained on our Website and in our Services are protected by applicable copyright and trademark law. Our "Intellectual Property Rights" include without limitation all of our: patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States, any state, any country, territory or other jurisdiction.


Our name and logo and all related names, logos, product and service names, service marks, designs and slogans are registered and unregistered trademarks and/or copyrights of Horizon Shift Lab. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on our Website and/or Services are the trademarks of their respective owners. Nothing on the Website should be construed as granting, by implication, or otherwise, any license or right to use the trademarks, without our prior written permission specific for each such use. Use of the trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Horizon Shift Lab trademarks inures to our benefit.


Except for your “User Content”, the Website, the Services and all materials therein or transferred thereby, including without limitation, software, images, text, articles, podcast episodes, blogs, videos, audio, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, music, and User Content belonging to other Users, and any content and other elements comprising our Website and/or Services are copyrighted works, and all Intellectual Property Rights related thereto, are the exclusive property of Horizon Shift Lab and where applicable, its licensors including other Users who post User Content to the Website and/or Services. 

 

“User Content” includes content or information a User submits, shares, posts, displays, links to, or otherwise makes available on the Website and/or Services. Users may submit or post content such as profile information, comments, stories, questions, reviews, images, personal opinions, text, photographs and other content or information. We claim no ownership rights over your User Content created or provided by you. The User Content you create remains yours; however, by sharing User Content through the Website and/or Services, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings, Internet and social media norms and trends, and these Terms. We have the right (but not the obligation) in our sole discretion to remove (in whole or any part of) any User Content that is shared via the Website and/or Services.

 

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, sublicense, rent, transfer, modify, distribute, assign, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Horizon Shift Lab content. Use of our content for any purpose not expressly permitted by these Terms is strictly prohibited. You must abide by all additional copyright notices or restrictions contained on our content, Website and/or Services.

 

In applicable instances, fictitious names and pictures of people, descriptions and scenarios may have been used on the Website and/or Services, and are meant to serve as fictitious representations and any resemblance to actual persons living or dead is purely coincidental.

 

You may not use our Website and/or Services for any illegal or unauthorized purpose. You may not use our Website and/or Services to violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You will not upload, post, email, transmit, or otherwise make available any content that infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, Services or any contact on the Website through which the product or service is provided, except by written contractual agreement with us. You agree not to delete or alter any copyright, trademark or other proprietary rights notices from our Website and/or Services and copies of materials from our Website and/or Services.

 

Accessing the audiovisual content available on the Website and/or Services for any purpose or in any manner other than “Streaming” is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from Horizon Shift Lab to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, captured, stored, permanently downloaded, or redistributed by the User.

 

Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website and/or Services for your personal, noncommercial use only and as permitted by the features of the Website and/or Services. Horizon Shift Lab reserves all rights not expressly granted herein for the Website and/or Services and all our content. We may terminate this license at any time for any reason or no reason.

 

You may not sell, transfer, assign, license, sublicense, modify, publicly perform or make a derivative version of our Website and/or Services and any of our content in any way for any public or commercial purpose. 

 

If you violate any part of these Terms, your permission to access and/or use the content and the Website and/or Services automatically terminates and you must immediately destroy any copies you have made of our content.

 

A breach or violation of any of the Terms will result in an immediate termination of your access, account, or subscription with Horizon Shift Lab and if necessary and applicable, legal action too.



SECTION 4 - USER ACCOUNTS, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
The Website and/or Services may enable you to create an account that gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you create an account on our Website and/or Services on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. By connecting to the Website and/or Services with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

  • You may never use another User's account without permission. 


  • When creating your account, you must provide accurate and complete information. 


  • You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. 


  • You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.




The Website and/or Services may allow you to post comments, share information, provide reviews, contact us, and conduct other similar or related activities. You expressly acknowledge and agree that once you submit your comments, reviews, and other information for inclusion into the Website and/or Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such information, including, without limitation, any personally identifying information that you may make available. You are entirely responsible for all your comments, reviews, and other content that you post, upload, email or otherwise transmit via the Website and/or our Services. Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. 


With respect to all emails and communications whether online, by email, through and on the Website, by postal mail, on social media or otherwise, you send to us, including, but not limited to, feedback, questions, contest entries, survey responses, comments, suggestions, stories, proposals, plans, creative ideas and the like, we shall be free to use, at any time, without restriction, any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without notification, compensation or attribution to you. You hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, irrevocable, perpetual worldwide license to use, reference, edit, modify, compile, reproduce, copy, record, synchronize, transmit, publish, translate, format, distribute, syndicate, publicly display, publicly perform, make derivative works of and otherwise use or exploit (including for profit) your comments, recommendations, suggestions, feedback, questions and all your User Content, in any form and on any of our platforms be it on our Website, our Services, printed materials of Horizon Shift Lab, our social media accounts or any medium and location we may utilize. You also grant us the right, but not the obligation, to use such information and User Content, with your username, name, voice, likeness, and/or photograph, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Horizon Shift Lab’s business, including without limitation for advertising, promoting and redistributing part or all of the Website and/or Services (and derivative works thereof) in any media formats and through any media channels, as well as for other commercial purposes, including for profit. 


You also hereby grant each User of the Website and/or Services a non-exclusive license to access your User Content through the Website and/or Services, and to use, reproduce, modify, distribute, display and perform such User Content as permitted through the functionality of the Website and/or Services, social media and other media channels and under these Terms.


You are solely responsible for your interactions with other Users of the Website and/or Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Horizon Shift Lab shall have no liability for your interactions with other Users, or for any User's action or inaction.

 

You agree that we may sublicense or assign any of the foregoing rights in your User Content to any successor or acquirer of Horizon Shift Lab or any site or any partner, brand, affiliated company, sponsor, or other entity with which Horizon Shift Lab engages in a joint project or endeavor, or develops or releases any joint product or establishes any form of collaboration or partnership.

 

To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license/s granted above.

 

By submitting any comments, recommendations, suggestions, feedback, questions, and any other User Content you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary, confidentiality, or other obligation, and that we are free to use your feedback and recommendations without any compensation to you, and/or to disclose the content and idea/s on a non-confidential basis or otherwise to anyone. We are and shall be under no obligation to maintain any comments, recommendations, suggestions, feedback, questions, and any other User Content or to respond back to you. We may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. You further acknowledge that, by acceptance of your submission, Horizon Shift Lab does not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.

 

You agree that your comments, communication messages, User Content and use thereof in any form and on any medium, does not and will not:

  • Violate any law or any right of any third-party, including without limitation, copyright, trademark, privacy, personality or other personal or proprietary rights, personal privacy or publicity rights, and intellectual property rights.


  • Serve to be infringing, invasive of, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable or disrespecting of others rights’.


  • Contain material that is harmful, abusive, racially or ethnically offensive, defamatory, obscene or deemed unlawful by us.


  • Constitute or contribute to a crime or tort.


  • Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets).


  • Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.


  • Create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal.


  • Create a risk of any other loss or damage to any person or property.


  • Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.


  • Contain any computer virus or other malware that could in any way affect the operation of the Website or any related websites, or the Services. 


  • Contains any information or content that you know is incorrect or inaccurate.


​

You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Website and/or Services and these Terms, and each such person has released you from any liability that may arise in relation to such use.

 

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments or communication messages. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

We reserve the right to, but have no obligation to, monitor, reject, edit or remove User Content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights including intellectual property rights or these Terms.


You understand that publishing your User Content on the Website and/or Services is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. Horizon Shift Lab takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Website and/or Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Horizon Shift Lab shall not be liable for any damages you allege to incur as a result of User Content.



SECTION 5 – ERRORS, OMISSIONS, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website, our Services, and other sites such as our social media sites is not accurate, complete, or current. The material on the Website and/or Services (and other related social media sites) is provided for general information only and should not be relied upon or used as the sole basis for making any decisions without consulting primary, professional, expert and more accurate, more complete, or more timely sources of information. Any reliance on the material on the Website and/or Services (and other related social media sites) is at your own risk.

 

Occasionally there may be information on our Website, our Services or related sites that contains typographical errors, inaccuracies or omissions that may relate to the content itself, product descriptions, event descriptions, people, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the product or service or on any related websites is inaccurate at any time without prior notice (including after you have submitted your response or order).

 

We undertake no obligation to update, amend or clarify information in the Services, Website or on any related sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related sites should be taken to indicate that all information on the Website or on any related social media or other sites has been modified or updated.

 

The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website and/or Services at any time, but we have no obligation to update any information on our Website and/or Services at any time. You agree that it is your responsibility to monitor changes to our Website and related social media and other sites.

SECTION 6 - MODIFICATIONS TO PRODUCTS, SERVICES AND PRICES
We reserve the right, but are not obligated, to limit the sales of our products, services, content, and experiences through our Website and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products, services, content, experiences and/or number of users in all aspects of our Website and/or Services.


We do not warrant that the quality of our Website and/or Services or any other material either purchased or obtained from Horizon Shift Lab will meet your expectations, or that any errors, omissions, or inaccuracies will be corrected. Horizon Shift Lab has the right to void any purchases that display an inaccurate price. We reserve the right to refund overcharges, contact Users by phone or email to inform them of a price inaccuracy and/or void a purchase in any given scenario, based solely on our discretion.


Prices for our products, services and/or other applicable items from our Website and/or Services are subject to change without notice. All descriptions of products, services, pricing and/or other applicable items in our Website and/or Services are subject to change at anytime without notice, at our sole discretion.


You must be 18 years of age or older or have the verifiable consent of your parent or legal guardian to purchase products, services, content, and experiences through our Website and/or Services.


We reserve the right at any time, to modify or discontinue the Website (or any part or content thereof) and/or our Services (or any part or content thereof) without notice at any time to you or to users generally; or create usage limits for the Website and/or Services. 


We may permanently or temporarily terminate or suspend your access to the Website and/or Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.


We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our Services (or any part or content thereof) and/or the Website (or any part or content thereof).

SECTION 7 – REFUND AND CANCELLATIONS POLICY
We do not offer refunds, unless otherwise stated and specified in the rules and purchase agreement for a specific product or service.

 

Please note that arrangements and agreements for consulting services may differ and depend on the contract signed between you and Horizon Shift Lab.

Please refer to such contract/s for the accurate and final guidelines regarding refunds and cancellations for consulting services.

 

You may delete or cancel your account, subscriptions and or similar offered through the Website and/or Services at any time by following the process listed online or by emailing info@horizonshiftlab.com. If there is an outstanding order associated with your subscription, the cancellation will go into effect once that order is processed by us. Cancellation requests for subscriptions will go into effect at the end of the billable cycle in which such a request is received.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


As consideration for any purchase you make through the Website and/or Services you shall pay Horizon Shift Lab all applicable fees and taxes. We (or our third-party payment processor/s) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. In certain instances, the issuer of your credit card may charge you a transaction fee, a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.


You agree to provide current, complete and accurate purchase, billing, credit card and account information for all purchases made on our Website and/or Services, and/or paid for through PayPal, Zelle or any third-party. You agree to promptly update your account and other information if and when there are any changes, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

 

You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your username/sign-in name or password on our Website and/or Services). 
You hereby authorize Horizon Shift Lab (or our third-party payment processor/s) to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. 


If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.

 

Horizon Shift Lab is not liable for any breaches of credit card or debit card security or privacy that may occur through use of the Website and/or Services, and by third party processors.

 

We may offer you a paid “Subscription” to the Website and/or Services. Some Subscriptions may consist of an initial free period or discounted one-time charge, followed by recurring period charges as agreed to by you. By purchasing a Subscription, you confirm that your Subscription will automatically renew and your credit card will automatically be charged the stated regular Subscription price until you cancel your Subscription in accordance with these Terms. You will have the ability to cancel or modify your Subscription at any time online or by emailing customer support at info@horizonshiftlab.com, prior to the processing and shipment of your next order or next renewal date. By choosing a recurring payment plan, you acknowledge that such Subscriptions have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. 

SECTION 9 - THIRD-PARTY LINKS 
Our Website and/or Services may include materials, services, offers, links, tools or resources from third-parties. Third-party links on our Website and/or in our Services may direct you to third-party websites that are not affiliated with us. Third-party links are provided solely as a convenience to you and not as an endorsement by us of the content on such links. Resources and links provided to third-party products, services, processes, or other information are purely informational and do not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us.


Horizon Shift Lab does not control, monitor or guarantee the information contained in external websites that are linked to or from our Website and/or Services, and does not endorse any views expressed or products or services offered therein. You acknowledge and agree that we provide access to such sites and tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked third-party sites and tools, you do so at your own risk and at your own discretion, with full understanding that these Terms and our Privacy Policy do not apply to your use of such sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Your dealings with or participation in promotions of advertisers found on the Website and/or Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Horizon Shift Lab shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We shall have no liability whatsoever arising from or relating to your use of optional third-party sites and tools.


Advertising and FTC Disclosure:
We value transparency and honesty in our communications with you, and we understand the importance you place on the integrity and independence of our insights. To maintain transparency, in instances where we are paid to promote a brand or product, we distinguish this content with clear labels that say "paid for by," "in partnership with," "in collaboration with," or a similar statement. 


Similarly, if  a brand or advertising partner sponsors our content, the content or sections or pieces thereof will be marked with a "brought to you by," "presented by" or other similar disclosure. 


If we receive free products, we review them objectively. We only discuss products, write about them or similar if we are genuinely impressed with the product and we only provide our real opinion. This unbiased independence applies also in circumstances where we may be concurrently running paid advertisements elsewhere on the Website and/or Services for other products sold by the same company. This means that our opinion and views of a company and its products may be different to the company’s claims and advertising content – and both may appear alongside on our Website and/or Services.

 

We may use affiliate links in our content or offerings. While these links may generate compensation, they do not compromise our genuine recommendations and opinions.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Website is governed by our Privacy Policy. 
   •    Please refer to our Privacy Policy here.


SECTION 11 – DISCLAIMERS, WARRANTIES & LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Website and/or Services will be uninterrupted, timely, secure or error-free. There may be delays, omissions, or inaccuracies in our content. Accordingly such content is for your reference only and should not be relied upon by you for any purpose. 

 

We reserve the right to make changes, corrections and/or improvements to the Website and/or Services at any time without notice. You agree that from time to time we may remove the Website and/or Services for indefinite periods of time or permanently cancel the Website and/or Services at any time, without notice to you.

 

We do not warrant that the information and results that you may or may not obtain from the use of the Website and/or Services will be accurate or reliable. We make no representations that our Website and/or Services will meet your requirements, may be fit for a particular purpose or the results that you may or may not gain from your use of the Website and/or Services.

 

You expressly agree that your use of, or inability to use, the Website and/or Services is at your sole risk. The Website and/or Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to that the Website and/or Services will operate error-free, the non-infringement of proprietary rights, or that the Website, servers or the Services are free of computer viruses or other contamination and also including all implied warranties or conditions of quality. To the fullest extent permitted by law, Horizon Shift Lab disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Website and/or Services.

 

Under no circumstances, will Horizon Shift Lab be responsible for any damage, loss, or injury resulting from hacking, tampering or other unauthorized access or use of the Website, Services or your account or the information contained therein.

To the maximum extent permitted by applicable law we assume no responsibility or liability for:

  • Any errors, mistakes, or inaccuracies of content.


  • Personal injury or property damage, of any nature whatsoever resulting from your access to or use of our Website and/or Services.


  • Any unauthorized access to and use of our secure servers and/or any and all personal information stored therein.


  • Any interruption or cessation of transmission to and from the Website.


  • Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Website and/or Services by any third party.


  • Any errors or missions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Website and/or Services. 


  • User content or the defamatory, offensive, or illegal conduct of any third party.


 

In no case shall Horizon Shift Lab, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensees or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website and/or Services procured using the Website, or for any other claim related in any way to your use of the Website and/or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, Services or any content (or product) posted, transmitted, or otherwise made available via the Website or through the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Our Website and all the information contained within, and our Services are based on our personal experience, which we are sharing for educational and informational purposes only. Horizon Shift Lab assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Website and/or our Services. The variety of opinions available through the Website and/or Services are not necessarily the views of Horizon Shift Lab or its members. We disclaim any warranties for other goods and services offered by third-parties that may be received through, advertised on or linked to our Website and/or Services. 

 

As with any business, your results may vary, and will be based on your individual capacity, personal resources and level of desire. There are no guarantees concerning the level of change or success (e.g. increases in income or improvements in health) you may experience using our Website and/or Services. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will experience or achieve the same or similar results. We cannot guarantee your future results, experiences and/or success. We are not responsible for your actions. The use of our information, products and services should be based on your own due diligence and you agree that Horizon Shift Lab is not liable for any success or failure you experience that is directly or indirectly related to the purchase and use of our information, products and services reviewed, provided, or advertised on this Website and/or our Services. You may use the Website and/or Services for informational purposes only, as an aid, and not as the sole basis for making any decisions; you must conduct proper due diligence and use your own judgment when making any decisions based on any information, analytics or reports derived from us.

 

Our suggestions, projections, representations about the future are purely for information and entertainment purposes. You recognize and agree that we have made no implications, warranties, promises, or guarantees whatsoever to you about future prospects, be it financial or otherwise and that we have not authorized any such projection, promise, or representation by others.

 

Horizon Shift Lab, its products, including but not limited to our online courses and workshops, and the presenters of these online courses are not necessarily accredited or evaluated by any governmental, academic, or other independent body. The completion of any Horizon Shift Lab online course or workshop does not convey academic credit, and cannot be recognized or transferred to academic educational institutions. Completion of a Horizon Shift Lab course and any certificate or other evidence thereof provided by us may not be recognized by third-parties, including employers, governmental bodies and educational institutions, as imparting upon the participant any particular qualification, skill-set or knowledge to practice or perform any particular task or profession, and Horizon Shift Lab makes no representations or warranties to that effect.

 

Our Website and/or Services may include information and guidance relating to wellness topics, such as nutrition fitness, relationships, stress, anxiety and personal development and you acknowledge and agree that the following warnings and disclaimers shall apply to all aspects of our Website and/or Services:


Medical Disclaimer:

  • Horizon Shift Lab and its employees are not licensed medical professionals or care providers of any kind. We are neither therapists, counselors, first responders, or similar. We have no expertise in advising on, diagnosing, examining, or treating medical, psychological, or emotional conditions of any kind or in determining the effect of any specific action, activity, routine, or program (e.g., exercise or diet) on a medical condition or any other condition.


  • We are not rendering professional advice or treatment of any kind to you, including without limitation, medical, psychological, emotional, therapeutic advice or treatment, but are merely providing general education and information to you about health and wellness topics. The information we provide is designed to serve as generally helpful information on the subjects discussed. Information we provide is by no means complete or exhaustive and we do not recommend self-management of any health (physical, mental and emotional health) or behavioral issues. 


  • You are advised that health and wellness data and information is often subject to updating and refining due to continual research and developments. We make no guarantee that the information we share is the most recent on any particular subject.


  • Our Website, including all content therein and our Services are not meant to be used, nor should it be used, to diagnose or treat any medical, psychological or behavioral condition/s and are not meant to be substitutes for medical advice from your doctor or health care provider and we make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in our Website and/or Services. 


  • For any type of diagnosis or treatment, please always consult a medical professional. You are encouraged to consult with your health care provider/s with any questions or concerns you may have regarding any health condition that you may have before making any changes to your lifestyle. You should never disregard medical advice or delay seeking it because of a statement you have read on our Website and/or our Services. Our Website and/or Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. 


  • Before participating in any diet or exercise program/tool or using any diet or fitness products or services that may be described and/or made accessible in or through our Website and/or Services, we strongly recommend that you consult with a physician or other healthcare provider.


  • You acknowledge and agree that when participating in any diet, exercise, mental health, emotional health, spiritual, personal development or wellness program and/or any other activity, guidance or session provided by Horizon Shift Lab, described in our Services and/or our Website and/or when using any diet, fitness, mental health, emotional health, spiritual, personal development or wellness products or services, there is the possibility of physical injury, emotional distress, mental breakdown and/or death, and you assume the risk and responsibility for any such results.


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If you have any concerns around your mental, emotional or physical health – please consult a professional prior to using our Website and/or our Services.


General Disclaimer:
The information we provide is designed to serve as generally helpful information on the subjects discussed. Any information provided by us is not intended to be a substitute for medical, legal, tax, real estate, investing, financial or other professional advice that can be provided by your own physician, attorney, accountant, financial advisor, or other professional. You expressly acknowledge and agree that all medical, legal, tax, real estate, investing, technological, financial or other information (including but not limited to: all text, photographs, images, illustrations, documents, graphics, audio, video and similar materials) that we, other Users, or third-parties provide on the Website and/or Services, or similar means is for informational purposes only and should not be used in place of professional advice and assistance. Your use of the Website and/or Services does not create an attorney-client, doctor-patient or fiduciary relationship of any sort between you and Horizon Shift Lab, or any of our partners, affiliates and similar. We make no representations, guarantees or warranties that the information we provide is appropriate for you or will result in an improvement of any nature in your life.


Product Disclaimer:
You acknowledge and agree that Horizon Shift Lab is not liable for any personal injury, death or property damage arising from any use or misuse of any products, services or similar offered through the Website and/or Services. You further understand that our products may unintentionally contain materials that could be dangerous if handled improperly. You further acknowledge that our products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products purchased from us. You hereby agree not to use our products for any illegal purpose and you assume all liability for any action you take that is contrary to any law, rule, or regulation of any territory.


Any claim against us shall be limited to the amount you paid, if any, for access to and use of the applicable product, service and/or applicable items from our Website and/or Services from us during the three (3) months immediately preceding the events giving rise to the claim. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law. 


You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Website, your use of our Website, our Services and/or your access to and use of our content or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Horizon Shift Lab and our subsidiaries, affiliates, partners, members, officers, directors, agents, contractors, licensors, licensees, successors, service providers, subcontractors, suppliers, interns and employees, harmless from any losses, expenses, damages, liabilities, claims, actions or demands, including without limitation, legal fees, made by any third-party due to or arising out of, but not limited to:

  • Your breach of these Terms or the documents they incorporate by reference,


  • Your use (and misuse) of and access to the Website and/or Services, including any data or content transmitted or received by you,


  • Your User content or any content that is submitted via your account by any other party's access and use of the Website and/or Services with your unique username, password, or other appropriate security code,


  • Your violation of any applicable law and regulation, 


  • The violation of the rights of a third-party.


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We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

SECTION 13 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing use of our Website and all content contained within, and our Services.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement with you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website and/or Services (or any part thereof). 


We reserve the right, in our sole discretion, to restrict, suspend, or terminate this agreement with you and your access to all or any part of the Website and/or our Services, at any time and for any reason without prior notice or liability. 

SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

These Terms and any policies or operating rules posted by us on the Website or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of the Website and your use of our Services superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect

 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Horizon Shift Lab without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

SECTION 16 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you with our products, services, applications and/or experiences shall be governed by and construed in accordance with the laws of the State of Michigan, USA, without regard to its conflict of laws provisions. All disputes arising out of or related to these Terms or the Services provided will be subject to the exclusive jurisdiction of the state and federal courts located in Michigan, and you consent to the personal jurisdiction and venue of these courts.


You agree to submit to the personal jurisdiction of a state court located in Washtenaw County, Michigan for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.


The Website is based in the United States. We make no claims concerning whether the content contained within may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the content contained within from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

These Terms give you specific legal rights, and you may also have other rights, which vary from state to state. The disclaimers, exclusions, and limitations of liability under these Terms will only apply to the extent permitted by applicable law.

SECTION 17 - ARBITRATION
For any dispute with Horizon Shift Lab, you agree to first contact us at info@horizonshiftlab.com and attempt to resolve the dispute with us informally. In the unlikely event that Horizon Shift Lab has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Horizon Shift Lab claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA"), a mediation center or a dispute resolution center as per our discretion, and as available and located in the city of Ann Arbor, Michigan under the commercial rules then in effect for the AAA or similar body, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Horizon Shift Lab from seeking injunctive or other equitable relief from the courts as necessary to protect any of Horizon Shift Lab’s proprietary interests.

SECTION 18 – CLASS ACTION/JURY TRIAL WAIVER
Class Action/Jury Trial Waiver: All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that by entering into this agreement through these Terms, you and Horizon Shift Lab are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

SECTION 19 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms at any time on this page.


We reserve the right, at our sole discretion, to update, change or replace these Terms at any time. You should review the Terms periodically for any changes. Your continued use of or access to our Website and/or our Services following any changes to these Terms constitutes acceptance of the latest version of the Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Website and/or Services.


SECTION 20 - CONTACT INFORMATION


You may contact us using this form for any questions.


Horizon Shift Lab, can also be reached at P.O. Box 131054, Ann Arbor, MI 48113, and via email at info@horizonshiftlab.com.

 
If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

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