Legal Terms and Conditions

This page states the Terms and Conditions under which you, the Web Site visitor ("You") may use this Web Site, which is owned by Horizon Lines of Guam, LLC (“Horizon”).

Please read this page carefully. By using this Web Site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Web Site. Horizon may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.

Use of Site Material

The contents of this Web Site, such as text, graphics, images and other content (the "Site Material") are protected by copyright under both United States and foreign laws. Horizon authorizes You to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited.

Trademarks

The names, marks and logos appearing on or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Horizon or an affiliated company. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, Horizon makes fair use in this Web Site of trademarks owned by third parties. Any such marks are clearly noted, and Horizon makes no claim to ownership of those marks.

User Submissions

Horizon welcomes Your comments on our Web Site, products, and services. However, You acknowledge that if You send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the "Information"), the Information shall be deemed, and shall remain Horizon's property. By submission of any Information to us, You assign to us and we shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

As a user of this Web site, You are responsible for Your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner; send material that reveals trade secrets, unless You own them or have the permission of the owner to reveal them; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; send sexually-explicit images or material; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.

Horizon reserves the right to expel users and prevent their further access to this Web Site for violating these terms or the law and reserves the right to remove any communications from this Site. The violation of any of the terms and conditions set forth on this Legal Terms and Conditions page shall result in the immediate revocation of your license to use the Site Material and obligates You to immediately destroy any copies of the Site Material in your possession.

Limitation of Liability

Although Horizon strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. Horizon makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web Site or about the results to be obtained from using the Web Site. You use the Web Site and Site Material at your own risk.

HORIZON DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE’S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HORIZON SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HORIZON, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH HORIZON STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL HORIZON, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HORIZON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

This Web Site contains links to web sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by Horizon of the contents on those other sites. Horizon is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Web Site, You do so at your own risk.

Indemnity

By using this Web Site, You agree to defend, indemnify, and hold harmless Horizon, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Horizon may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms and Conditions. Horizon reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Privacy

At Horizon, your privacy is important to us. Horizon does not collect personally-identifying information about You (such as Your name, address, telephone number, or e-mail address) unless You voluntarily submit that information to us through one of our Contact pages, or by e-mail or other means. We treat the information in our customer database, including any information You, as a customer, submit through this Web Site, as confidential and do not sell or otherwise disclose such information to third parties except as reasonably necessary to provide the services described on the Web Site or under strict contracts involving customer service or the enhancement of our customer programs.

When You visit our Web Site, we may automatically collect certain non-identifying information about you, such as the type of browser or computer operating system You use or the domain name of the Web Site from which You linked to us. In addition, we may store some information on your computer’s hard drive as a "cookie" or similar type of file. We use this information internally, to help us enhance the efficiency and usefulness of the Web Site and to improve customer service. If You object to this, please consult your Browser’s documentation for information on erasing or blocking cookies.

Any information we gather, whether voluntarily provided by You or automatically collected, may be used for our internal business and marketing purposes and as described in these Terms and Conditions but will not be sold or otherwise disclosed to third parties for any purposes, unless You have expressly requested information about a specific vendor or service identified on our Web Site. In the latter case, your request will be passed along to the vendor or service You have identified. Notwithstanding any other statements or representations here or elsewhere on our Web Site, we reserve our right to disclose any information in our possession if we are required to do so by law, or we believe, in good faith, that such a disclosure is necessary to comply with the law, defend our rights or property, or to respond to an emergency situation.

If You are concerned about the information You have provided to us, or would like to review, update or delete that information, please contact us at webmaster@hlguam.com. We will make reasonable efforts to comply with your wishes.

If You do not wish to receive marketing or promotional materials from us, please send an e-mail to webmaster@hlguam.com with the words "Remove from marketing lists" in the subject line and re-type the e-mail address to be removed in the text of the e-mail for verification purposes.

Horizon employs reasonable security measures to protect the personal information You submit to us, once it is received. The web server is behind a firewall (CISCO PIX506). Access to the website is protected by User ID and Password where deemed necessary.

Miscellaneous

This Web Site originates from Dallas, Texas. Horizon does not claim that the Site Materials on this Web Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If You access the Web Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and Conditions are governed by the substantive laws of the State of North Carolina, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of North Carolina with respect to any dispute, disagreement, or cause of action related to or involving this Web Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Web Site, these Terms and Conditions constitute the entire agreement between You and Horizon with respect to your use of this Web Site.