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Terms

Terms of Use, Terms of Service, and Full Disclaimer

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
 
By using the BroadenedHorizons.com or GimpGear.US website (the "Site" or "Website"), you agree to follow and be bound by these terms of use and terms of service (the "Terms") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use and Terms of Service, the words "you" and "your" refer to each customer or person visiting the Website and/or purchasing products or services through the Website.  The words "we", "us", "our", "Broadened Horizons", or "GimpGear" refer to Broadened Horizons, Inc., a Minnesota corporation and/or our subsidiaries and partners. The word "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use and Terms of Service (these "Terms") carefully before using or obtaining any content, products, or services through our Site.  It is also your responsibility to periodically review the most current version of these Terms. We may revise these Terms at any time without notice to you. At our sole discretion, any aspect of the Site, our general practices, limitations, requirements, or fees for certain products or services may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time without prior notice to you. Your continued access or use of this website signifies your acceptance of the updated or modified Terms.

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS WITHOUT ANY MODIFICATION.  BY ACCESSING, USING OR OBTAINING ANY CONTENT, PRODUCTS, OR SERVICES THROUGH THIS WEBSITE, YOU AGREE TO THESE TERMS. IF AT ANY TIME YOU FIND THESE TERMS UNACCEPTABLE OR IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

As a condition of your use of this website, you represent that (i) you are at least 18 years of age, (ii) you represent and warrant that all information you supply to us about yourself and others, including email addresses and credit card information, is true, valid and accurate, and that you have the right to supply us with such information, (iii) you possess the legal authority to create a binding legal obligation, (iv) you will use this website in accordance with these Terms, (v) you will only use this website to make legitimate purchases for you or for another person for whom you are legally authorized to act, and (vi) if you have an Broadened Horizons account, you will safeguard your account information.  In addition, you will be financially or otherwise accountable for all use of our website and products or services obtained by you and anyone using your password and login information.

You have read and agree to Broadened Horizons Shipping Policy, Return Policy, Commitment to Privacy, Warranty Policy, Terms of Use and Service and any individual product disclaimers each of which is incorporated herein by reference.

Broadened Horizons Inc. provides an online adaptive technology and independent living portal to give visitors a understanding of products, technologies, and solutions that may enhance their independence or quality of life.  No warranties or guarantees of applicability, results, or appropriateness are provided or implied.  This website in total provides for product and service information in which the parts of the information are provided upon different pages of the website and as each page is a component of the information and is not intended to be read in isolation or without reference to, or in consideration of the information on other webpages and without due an proper consideration to the website as a whole and as a consequneces thereof Broadened Horizons, Inc. and affiliated bodies thereof and any individual or corporate is hereby indemnified from the consequences of use of partial Information, any individual point, comment, reference, principal or description, applied or inferred for used for any purpose whatsoever.
Risk of Loss

Your use of the website is subject to our Shipping Policy.  You agree that you have read our Shipping Policy, and you agree to its terms.  All shipments and deliveries are F.O.B. Origin Broadened Horizons, Maple Grove, Minnesota, USA or any Broadened Horizons partner's location. FOB origin means "Freight on Board origin" or that possession  transfers from Broadened Horizons, Inc. to you the customer when the package is accepted into shipment by the shipping provider such as USPS, FedEx, UPS, or DHL.  "FOB origin" indicates the buyer pays shipping cost, and takes responsibility for the goods when the goods leave the seller's, or seller partner's premises. This means that the risk of loss and title for the products you have purchased passes to you upon our delivery to the carrier.

Ownership Rights

This website is our sole and exclusive property and we and our licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website. The website is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws worldwide, through the application of local laws or international treaties.  

Limited License

Broadened Horizons grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the website only as expressly permitted in these Terms.  The information provided on this website may be used for personal, non-commercial purposes only. You may only use this website to make legitimate purchases and shall not use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases for any reason.  Any rights or license not expressly granted herein are reserved.

This website and the content, including the software, downloads, text, audio, graphics, button icons, data compilations and software, may not be copied, reproduced, republished, uploaded, transmitted or distributed without our prior written permission, except that you may download, display, and print the content and materials on this website for your personal, non-commercial use only. Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices.

You agree not to (i) take any action that might compromise the security of this website, (ii) reverse engineer any part of this website, (iii) use, authorize or permit any third party to use on your behalf any robot, spider or other automatic device, or manual process to monitor or copy any content or data without our permission, (iv) utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any webpage, (v) transmit or otherwise transfer any web pages, data or content found on this website to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise and not use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including a use of a frame or border environment around the website, or other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website without our prior written consent, or (v) use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our website, or take any action that impose an unreasonable load on our equipment or disguise the origin of the information transmitted through the website.

Termination

We, in our sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our website, even if access continues to be allowed to others.  Upon such termination or suspension, you must immediately discontinue use of the website, and destroy any copy you have made of any portion of the website. Accessing the website after such termination, suspension, or discontinuation shall be unauthorized and unlawful.  We have no responsibility to you to such suspension or termination. We may provide notice via email sent to the email address contained in your user profile or otherwise used to make a purchase on this website. We reserve the right to cancel any and all orders or other transactions you have made on the website with no liability whatsoever to you.

Your Submissions

Any comments, materials, feedback, questions, reviews, testimonials, suggestions, questionnaires, and the like submitted through this website ("Content") shall become the sole property of Broadened Horizons.  Content shall also include any photographs, video, images, illustrations, stories or other materials that you submit through our website, by e-mail, or other communication method.  Content shall be non-confidential and non-proprietary, and Broadened Horizons shall be free to use any such Content for any and all purposes of its sole choosing, without restriction and without payment of any compensation.  Your voluntary submission of the Content constitutes an assignment to Broadened Horizons of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Content.  You specifically grant to Broadened Horizons, (a) a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, edit, create derivative works, distribute, and display such Content in any form, manner, media or technology without any compensation to you, and (b) the right to use the names, images/video, biographic information and the like that you submit in connection with such Content.  You represent and warrant that you are the owner of the Content or have been granted all the rights necessary from the owner(s) thereof to provide such Content.  Without limiting the scope of the foregoing, you are the person appearing in the images/videos, you are the legal guardian of the individuals appearing in the images/videos, or you have obtained the permission of all persons appearing in the images/videos or if such individuals are under the age of 18, the permission of their legal guardians.  You also represent and warrant that the use of such Content by us will not infringe the intellectual property rights of or otherwise violate the rights of any third party.

You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this website.

We make no guarantees that we will be able to answer and comment to all Content.  We have no obligation to post your Content or to ask for your approval prior to using the Content. We take no responsibility and assume no liability for any posted Content.  

We shall have the right but no obligation, from time to time monitor and review any Content and other transmitted information and reserve the right to censor, edit, remove or prohibit the transmission or receipt of any information that we deem, in our sole discretion, as inappropriate or in violation of these Terms.

SUBMITTING CONTENT THROUGH OUR WEBSITE IS ENTIRELY VOLUNTARY.  IF YOU DO NOT AGREE WITH THE ABOVE TERMS, DO NOT SUBMIT ANY CONTENT OR THE LIKE THROUGH OUR WEBSITE.  YOU AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY CONTENT.

Product Description & Colors    

Broadened Horizons attempts to be accurate in describing the products sold on this website.  However, Broadened Horizons cannot guarantee or warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.  Furthermore, Broadened Horizons has done its best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, Broadened Horizons cannot guarantee that your monitor's display of any color will be accurate.

EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY AND OTHER DISCLAIMERS

THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR OTHER TECHNICAL INACCURACIES. BROADENED HORIZONS  RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.

TO THE FULL EXTENT PERMISSIBLE BY LAW, ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES, INCLUDED, MADE AVAILABLE TO YOU OR REFERENCED ON THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE INTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR EMAILS SENT FROM BROADENED HORIZONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN NO EVENT SHALL BROADENED HORIZONS, ITS AFFILIATES OR ITS AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND THAT ARISE OUT OF OR IN CONNECTION WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR ORDERS OR (III) THE PERFORMANCE OR NON PERFORMANCE BY BROADENED HORIZONS OR ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.  BROADENED HORIZONS AND ITS AFFILIATES MAKE NO REPRESENTATION THAT THE CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES, UNLESS SPECIFICALLY IDENTIFIED AS SUCH.  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 LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Broadened Horizons and its affiliates shall not exceed one thousand dollars ($1,000). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Broadened Horizons or its providers.  

Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you.

No Endorsements

References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information do not necessarily constitute or imply an endorsement, sponsorship or recommendation of the third party, information, product or service by Broadened Horizons. Broadened Horizons does not endorse nor make any warranties or representations about any website you may access through this website. Any links to other websites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

Links to Third Parties

This website may contain links to other websites operated by other parties and are provided solely as a convenience and for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Advertisers, Google's requirements for paid advertising links will be followed, specifically a rel="nofollow" attribute to the <a> tag. 

Relationship

The relationship between Broadened Horizons and you will be that of independent contractors, and neither of us nor any of our respective officers, employees, or agents will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or use of this website.

Governing Law and Disputes

These Terms and its performance shall be governed by the laws of the state of Minnesota, United States of America, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in Hennepin county, the state of Minnesota, United States of America, in all questions and controversies arising out of your use of this website and these Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this website must be brought within two (2) years from the date on which such claim or action arose or accrued.  If we take any action to enforce these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.  

General

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or information provided to or gathered by us with respect to such use.  

These Terms and any other terms and conditions referenced herein constitutes the entire agreement between you and Broadened Horizons with respect to this website and products and services offered and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Broadened Horizons with respect to this website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.

The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our website, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our website.

Contact Information

If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the website or the products or services offered by us, please contact us.Him him
 
Full Disclaimer
By using the Website, its content, our products, or our services, you agree to the following:
I have been informed of the products and services that Broadened Horizons, Inc. is performing and the cost of these products and services;
Broadened Horizons, Inc. is not licensed to engage in the practice of medicine or rehabilitation.  Any comments, suggestions, advice, instructions, or implications of Broadened Horizons, Inc., its employees, or other representatives are speculative and not those of a licensed medical or rehabilitation professional.
If, prior to my purchase, I believe that Broadened Horizons, Inc. gave me any legal or medical advice, opinion, suggestion, or recommendation about my rights, remedies, options, or strategies, I will not proceed with this purchase and any purchase that I do make will be null and void;
Broadened Horizons, Inc. exists solely within Hennepin County in the State of Minnesota. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of Broadened Horizons, Inc. occurs solely within Hennepin County in the State of Minnesota, and that all content, products, and services shall be deemed to be served from, and performed wholly within, Maple Grove, Minnesota, as if I had physically traveled there to obtain the product or service. I agree that Minnesota law shall govern any disputes arising from my use of this Site, and that the courts of Hennepin County of the State of Minnesota, shall have exclusive jurisdiction over any disputes; and
I understand that I have the right to rescind any contract for any Broadened Horizons, Inc. services within 24 hours of the signing of it by giving Broadened Horizons, Inc. any written statement to the effect that the contract is cancelled. On the rescission of the agreement for services, Broadened Horizons, Inc. shall immediately return to me any fees paid, except fees for services that were actually, necessarily and reasonably performed on my behalf with my knowing and express written consent.
 
Terms of Service
By using the BroadenedHorizons.com or GimpGear.US website, its content, our products, or our services, you agree to the following:  

I have read and understand the following:

I understand and agree that Broadened Horizons, Inc. nor its employees are able to render any medical or legal advice or opinion of the nature often offered by a licensed doctor, attorney, therapist, or other professional and may not perform services performed by these professionals. Information, suggestions, advice, opinions, instructions, recommendations, or other communications from Broadened Horizons, Inc. or its employees are not a substitute for that of an appropriate licensed professional. Broadened Horizons, Inc. can only provide self-help tools and services to help you pursue your goals towards increased independence. Rather, I am representing myself in all such matters.

If, prior to my purchase, I believe that Broadened Horizons, Inc. gave me any medical or legal advice, opinion or recommendation, remedies, defenses, options, strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.

No medical or governmental authority has evaluated or approved Broadened Horizons, Inc.'s knowledge or experience, or the quality of Broadened Horizons, Inc.'s products or services.

I understand that the Site's general terms of use (the "Terms of Use") also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, Shipping Policy, Privacy Policy, Full Disclosure, and Warranty Policy, which are incorporated herein by reference.

Broadened Horizons, Inc. exists solely within Hennepin County in the State of Minnesota. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of Broadened Horizons, Inc. occurs solely within Hennepin County in the State of Minnesota, and that all content, products, and services shall be deemed to be served from, and performed wholly within, Maple Grove, Minnesota, as if I had physically traveled there to obtain the product or service. I agree that Minnesota law shall govern any disputes arising from my use of this Site, and that the courts of Hennepin County of the State of Minnesota, shall have exclusive jurisdiction over any disputes.

At the end of the access period, any and all rights to access the website expire.  Broadened Horizons, Inc. has no further obligation to the customer, including but not limited to providing product support, training, or installation, delivering the product, extending credit for future Broadened Horizons, Inc. orders and refunding any monies. This section is subject to all other provisions of the terms and conditions, including but not limited to section nine ("NO WARRANTY") of the Broadened Horizons, Inc. Terms of Use.

If I do not agree to all of these Terms, I will immediately cease my use of this Site.
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