Terms of Service
These Terms of Service (the "Terms") govern your access to and use of horizonwestcre.com and any services HorizonWest Development Group LLC ("HorizonWest," "we," "us," or "our") provides through it. By accessing the site or submitting information through it, you agree to these Terms.
1. Eligibility
You must be at least 18 years old and, if submitting information on behalf of an entity, have authority to bind that entity.
2. No professional advice
Nothing on this site is legal, tax, brokerage, appraisal, engineering, or investment advice. You should consult your own advisors before making decisions based on information available on this site.
3. Submissions and intake forms
When you submit information through a seller intake, buyer intake, parcel screening, contact, or similar form, you grant HorizonWest a non-exclusive right to use, store, and act on that information to evaluate opportunities and communicate with you. You represent that you have the right to submit the information and that it is accurate to your knowledge.
4. Confidentiality and NDA precedence
Where a separate written non-disclosure agreement exists between HorizonWest and a counterparty, that agreement controls over these Terms for the transaction it covers.
5. Intellectual property
The site, all content, templates, renderings, feasibility outputs, and agent-generated materials are owned by HorizonWest or its licensors. You may view and use the site for its intended purpose but may not copy, redistribute, or create derivative works without our written permission.
6. Prohibited uses
- Automated harvesting, scraping, indexing for competitive intelligence, or bulk extraction of content.
- Reverse engineering or probing the site for vulnerabilities.
- Impersonating any person or misrepresenting your affiliation.
- Uploading or transmitting malicious code.
- Using the site to violate any applicable law or third-party right.
7. Third-party links
Links to third-party sites are provided for convenience and do not imply endorsement. HorizonWest is not responsible for third-party content.
8. Disclaimers
The site and all content are provided "AS IS" and "AS AVAILABLE." HorizonWest disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty about the accuracy of parcel data, entitlement status, or projections.
9. Limitation of liability
To the maximum extent permitted by law, HorizonWest's total liability arising out of or relating to these Terms or your use of the site will not exceed the greater of one hundred dollars ($100) or the amounts you paid to HorizonWest in the twelve months preceding the claim. HorizonWest will not be liable for indirect, incidental, consequential, special, exemplary, or lost-profit damages, even if advised of the possibility. This section does not limit any right that cannot be waived under California law.
10. Indemnification
You will indemnify and hold HorizonWest, its members, managers, employees, and affiliates harmless from any claim arising out of your breach of these Terms, your misuse of the site, or any false or misleading information you submit.
11. Governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.
12. Binding arbitration and class action waiver
Please read this section carefully. It affects your rights.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the site shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in San Diego, California, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. The parties agree to arbitrate only on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class, consolidated, or representative action, and the arbitrator may not consolidate more than one person's claims.
Opt-out. You may opt out of this arbitration agreement by delivering written notice to legal@horizonwestcre.com within thirty (30) days of first accepting these Terms. Opting out will not affect any other provision of these Terms.
Carve-outs. The following are excluded from arbitration: (a) small-claims court actions; (b) injunctive or equitable relief to protect intellectual property, confidential information, or trade secrets; and (c) any right that cannot be waived under applicable law.
Jury trial waiver. To the extent permitted by law, the parties knowingly and voluntarily waive any right to a jury trial in any proceeding arising out of or relating to these Terms.
Attorneys' fees. In any proceeding to enforce these Terms, the prevailing party is entitled to recover reasonable attorneys' fees and costs.
Limitations period. Any claim must be filed within one (1) year after the claim accrued, or be permanently barred, except where applicable law prohibits a shortened period.
13. Assignment
HorizonWest may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law. You may not assign these Terms without our written consent.
14. Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control.
15. Severability, entire agreement, waiver
If any provision is unenforceable, the remainder remains in effect. These Terms, together with any other agreements referenced here, constitute the entire agreement between you and HorizonWest regarding the site. A waiver of any provision is not a waiver of any other provision.
16. Changes
We may update these Terms by posting a revised version. Continued use of the site after the revision constitutes acceptance.
17. Contact
Legal notices: legal@horizonwestcre.com · HorizonWest Development Group LLC, 2108 N St, Suite N, Sacramento, CA 95816.