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Terms and Conditions

Silver Census Terms and Conditions

This Website and Silver Census services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Silver Census services, Websites owned by SilverCensus.com, Inc.  or affiliate senior care organizations listed in Silver Census Directory such as websites or apps owned and operated by Silver Census .com, Inc.  (including but not limited to Silver Census the website and app,  and collectively referred to herein as “Silver Census“ on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at customerservice@silvercensus.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on April 1, 2016

  1. INTRODUCTION TO SILVER CENSUS Upon registration, you may choose your own password or Silver Census will assign you a password to access the Silver Census services through the Silver Census website or apps.
  2. SILVER CENSUS SERVICES We are committed to making your total Silver Census experience a positive one. There are several ways you can find licensed senior care organizations from Silver Census. CareLocator is our free service where you request a referral for a licensed care organization to perform a specific task or service then we refer you to qualified care providers licensed to provide professional services.   Also you may select or search for licensed senior care organizations from our Live Directory, a directory of licensed service organizations and professional members along with their ratings and reviews.
    • Upon entering your information and the request for which you would like a care service navigator, we will attempt to match you with appropriate licensed care service organizations in your area. These organizations may be interested in fulfilling your care service needs; however, Silver Census does not guarantee that we will be able to match your care service needs with a licensed care service organization or that there are licensed care service providers in your area that are either capable or willing to complete your service needs. We operate on best efforts of care assistance however based on the type of services requested, further care documentation such as physician prescription and paperwork signed by a licensed physician may be required for services and to qualify further.
    • Silver Census Directory. You can view a directory of licensed senior care providers in your selected zip code who provide senior services in the care categories that you select. These listings include ratings and reviews of those licensed senior care providers from their customers, when available.
    • Pronto Phone. With Pronto, you can request that a Care Navigator connect you with a licensed care organization by phone immediately. If you request, Silver Census will search for licensed care organizations and connect you with them by phone.
    • Instant Appointment/Tour.  You can choose to schedule appointment/tour appointments with certain licensed care facilities on the Silver Census website.    Please be aware that Silver Census does not guarantee that the licensed care organization will be on time for, or show up for, any such booked appointments, as the service professionals are not the employees, contractors or agents of Silver Census. Silver Census is solely providing the platform to facilitate scheduling of appointments/tour between you and our member licensed senior care organization and service professionals.
    • No Guarantees or Endorsements. Although we take certain steps to examine the credentials of our listed senior care organizations, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. Silver Census does not endorse or recommend the care services of any particular service professional or licensed senior care organization. It is entirely up to you to evaluate a licensed senior care provider’s and their representatives professional qualifications, confirm state licensed to provide care services and to enter into a direct contract or otherwise reach agreement with a service professional / licensed care organization. We do not guarantee or warrant any licensed senior care organizations performance or the outcome or quality of the services performed. The service professionals are not employees or agents of Silver Census, nor is Silver Census an agent of the service professionals.
    • No Contracting via the Silver Census Website. Silver Census may inform you of certain offers or discounts provided by a service professional / licensed senior care organization. Such offers or discounts are made solely by the licensed senior care organization.  Silver Census does not guarantee or warrant the pricing or discounts that a service professional may offer you. Any quotes provided by the licensed senior care organization via the Silver Census or apps, or which you find on the Silver Census or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Silver Census.  To contract with a licensed senior care organization, you must work directly with the licensed senior care organization. Silver Census does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
    • Release from Damages or Claims. Should you have a dispute with any service professional, you must address such dispute with the licensed senior care organization and their professionals directly. YOU HEREBY AGREE TO RELEASE Silver Census (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
  3. YOUR USE OF SILVER CENSUS SERVICES AND PROHIBITED USES You acknowledge and agree that your use of Silver Census is for your personal use and not for advertising purposes. You may not use Silver Census  to recreate or compete with Silver Census, to solicit or harass Silver Census service professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Silver Census for any such damages, and will indemnify Silver Census in the event of any third party claims against Silver Census  based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Silver Census products or properties at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by Silver Census in its sole discretion that you are misusing or attempting to misuse or circumvent the Silver Census services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Silver Census reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
  4. INFORMATION YOU PROVIDE TO US Upon using Silver Census, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to service professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails.  You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Silver Census has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Silver Census has the right to refuse any current or future use of the Silver Census services (or any portion thereof) by you. You are responsible for any use of the Silver Census services by persons to whom you intentionally or negligently allow access to your password. By submitting on SilverCensus website, you agree to be contacted by a Care Navigator which may also include affiliate partners at the phone number and/or email provided to us.    You are in agree senior care partners and/or a Care Navigator may use automated calling technology to contact you by call or text message at the telephone number provided, even if you previously registered on a Do Not Call registry. This consent is in no way a requirement to obtain our or our affiliate partners services or products. For further questions please contact customerservice@silvercensus.com
  5. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO Silver Census AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Silver Census AND EACH SILVER CENSUS  SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF SILVER CENSUS  AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER..
  6. MOBILE COMMUNICATION TOOLS AND TEXT MESSAGING
    The Site provides access to and content for our customer app and mobile website, which provides on-the-go access to important information and services related to your electric account.  While there is no direct cost to the public imposed by the Company to utilize any of its mobile application services (including text notification deliveries), STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR MOBILE CARRIER.  As mobile access and text message delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed.
  7. DISPUTE RESOLUTION ASSISTANCE While we cannot guarantee the work performed by a listed licensed senior care service provider and their professional services, we have no obligation to you with regard to your relationship with a service professional, the Silver Census resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of care services that you learned about through the services featured on Silver Census. We may, upon your request, provide limited assistance in resolving disputes between you and a licensed senior care organization . You must participate and use good faith efforts to resolve problems through the Silver Census resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
  8. CALL RECORDING You acknowledge and agree that Silver Census may monitor and/or record any telephone calls between you and Silver Census.
  9. USER GENERATED CONTENT You agree that all of the content and information posted by you or your agents or designees on Silver Census, including but not limited to:
    • Ratings & Reviews
    • Photographs or Images,
    • Comments, Questions and/or Answers,
    • Any other content
    • (known collectively as "Content") is the sole and exclusive property of Silver Census, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
      1. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
      2. Grant of License. You hereby grant Silver Census and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on Silver Census and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
      3. Representation of Ownership and Right to Use Content. By posting or providing any Content to Silver Census, you represent and warrant to Silver Census that you own or have all necessary rights to use the Content, and grant to Silver Census the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
      4. Content Guidelines. Silver Census reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Silver Census owned or operated websites or apps if Silver Census determines (in its sole discretion) that such content contains or features any of the following:
        1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
        2. References to illegal activity.
        3. Language that violates the standards of good taste or the standards of this Site.
        4. Statements that are or appear to be false.
        5. Comments that disparage HomeAdvisor.
        6. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
          1. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
          2. Comments concerning a different Service Professional.
          3. Information not related to work requested in the service request.
          4. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
        7. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Silver Census server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Silver Census or apps or any other Silver Census owned, operated, used or controlled site. Elements of the Silver Census or apps are protected by trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Silver Census web Site may be copied or retransmitted unless expressly permitted by Silver Census. Silver Census AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SILVER CENSUS  AND/OR ITS RESPECTIVE AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SILVER CENSUS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HomeAdvisor AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. IMAGES SUBMITTED ON A LICENSED SENIOR CARE ORGANIZATIONS PROFILE LISTING OR BLOG ARE SOLEY THE PROPERTY OF THE LICENSED SENIOR CARE PROVIDER/BUSINESS OWNER. PROOF OF OWNERSHIP NEEDS TO BE ADDRESSED DIRECTLY TO THE LICENSED SENIOR CARE ORGANIZATION.
        8. SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS Unless otherwise noted on the screening tab of a service professional's profile page, Silver Census uses the following criteria as part of its registration enrollment process ("registration") for new licensed senior care organizations  with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network:
          • Licensing - Within the United States, Silver Census confirms at the time of a licensed senior care organization registration, that a prospective new member has all applicable required state-level trade licensing. We recommend you confirm these licensing requirements with the licensed senior care organization and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with selecting a licensed care organization. We recommend you verify that all appropriate state licenses and state survey results before doing work on your project.
          • State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the service professional is in good standing in the state in which it is located.
        9. NOTE: SILVER CENSUS CONFIRMS AT THE TIME BUSINESS LISTING INFORMATION IS CREATED IN THE DIRECTORY,  THE LICENSE SENIOR CARE ORGANIZATION WAS VERIFIED AND APPLIES FOR MEMBERSHIP IN THE SILVER CENSUS NETWORK, AND THEREFORE A LICENSED SENIOR CARE ORGANIZATION INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, SILVER CENSUS CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. SILVER CENSUS IS UNDER NO OBLIGATION TO UPDATE A LICENSED SENIOR CARE ORGANIZATIONS INFORMATION.  WE RECOMMEND THAT BEFORE WORKING WITH A LICENSED SENIOR CARE ORGANIZATION THAT YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
        10. Licensed Senior Care Service Profiles: Silver Census allows licensed senior care organizations to post profiles about themselves and their business on the Silver Census or apps. Silver Census is not required to review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the licensed Senior Care Organization. Silver Census therefore makes no representations or warranties regarding any information posted by a Licensed Senior Care Organization, and assumes no liability for such information.
        11. The above procedures may change from time to time at the sole discretion of Silver Census. Silver Census believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue tCeno meet the above screening criteria after the date of their enrollment in the Silver Census network. Silver Census does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Silver Census checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
        12. DISCLAIMER: SILVER CENSUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
        13. RATINGS & REVIEWS ARE NOT ENDORSED BY Silver Census Ratings and Reviews of a Licensed Senior Care Organization displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Silver Census.  Silver Census disclaims any and all representations or warranties with regard to the Ratings and Reviews. Silver Census does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
        14. ARTICLES AND OTHER CONTENT Silver Census provides certain content relating to senior care ("Articles"), on the Silver Census or apps, and via mobile applications owned and operated by Silver Census. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
        15. LINKS TO THIRD PARTY SITES The links in the Silver Census or apps will let you leave Silver Census Web site. The linked sites are not under the control of Silver Census and Silver Census is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Silver Census is not responsible for webcasting or any other form of transmission received from any linked site. Silver Census  is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Silver Census of the site.
        16. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS Silver Census  respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice to customerservice@silvercensus.com , which is incorporated into these Terms and Conditions.
        17. INDEMNIFICATION YOU AGREE TO INDEMNIFY SILVER CENSUS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SILVER CENSUS SERVICES, IN CONNECTION WITH THE SILVER CENSUS WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
        18. ARBITRATION AND GOVERNING LAW
          • The exclusive means of resolving any dispute between you and Silver Census or any claim made by you or Silver Census arising out of or relating to your use of this Website and/or Silver Census services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Silver Census  in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Silver Census any class action, class arbitration, or other representative action or proceeding.
          • *NOTICE OF RIGHTS*
          • By using the Website and/or Silver Census services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
          • Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against Silver Census (except for small-claims court actions) may be commenced only in the federal or state courts located in Palm Beach County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
          • These Terms and Conditions, and any dispute between you and Silver Census, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
        19. GENERAL PROVISIONS You acknowledge and agree that the Silver Census services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Silver Census ’s sole obligation to you or any third party for any claim arising out of your use of the Silver Census services or the Silver Census or apps, you are free to discontinue your use of the Silver Census services or the Silver Census or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Silver Census EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT Silver Census SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Silver Census HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Silver Census successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Silver Census to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Silver Census  services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely in the State of Florida  and between Florida residents. You agree to submit to jurisdiction in Florida and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Palm Beach County, Florida. These Terms and Conditions constitute the entire agreement between you and Silver Census and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

©2017 SilverCensus

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