SILVERCENSUS.COM, INC. TERMS OF SERVICE
Welcome to SILVERCENSUS.COM! By accessing or using the SILVERCENSUS
website, you agree to be bound by the following terms and conditions
(hereinafter “Terms of Service”)
DISCLAIMER – SILVERCENSUS Does Not Provide Medical
or Any Other Health Care Advice, Diagnosis or Treatment
The content contained on or accessible through the SILVERCENSUS
website, such as text, graphics and/or or materials (hereinafter
“Content”), are solely for informational purposes. The
Content is not intended to be a substitute for professional advice
on any matter, medical or otherwise. Always seek the advice of a
qualified health professional on any manner that may affect your
health or well-being or that of someone else. Never disregard or
delay seeking professional advice because of the Content obtained
through the SILVERCENSUS website, in whole or in part. Health and
medical information changes, often quickly, over time and SILVERCENSUS
does not verify the accuracy of any Content. No part of Content
is regulated or evaluated by the Food and Drug Administration, or
any other agency, government or otherwise. Should you or anyone
else be affected by any potential health or medical emergency, call
your physician and/or local emergency immediately.
SILVERCENSUS does not recommend or endorse any treatment, institution,
professional, physician, product, procedure or other information
that may be mentioned in Content. You acknowledge and agree that
(a) Content is provided “as is” and without representations
or warranties of any kind and (b) reliance on any Content, in whole
or in part, is solely at your own risk.
Links
Websites and pages that are hosted by SILVERCENSUS are clearly identified
as such. Any other site or page that is accessible through the SILVERCENSUS
website (hereinafter “Third-party sites”), as search
results or linked to by SILVERCENSUS, are not controlled in any
manner by SILVERCENSUS. Search results and links are automatically
generated by software, and SILVERCENSUS does not evaluate whether
such results, links or content therein may be considered inappropriate,
objectionable or offensive. You acknowledge and agree that SILVERCENSUS
assumes no responsibility and shall not be liable for the content
of any Third-party Site.
Your Use
You may access and use the SILVERCENSUS website for your personal,
non-commercial use only. You agree not to use the SILVERCENSUS website
or Content obtained through the SILVERCENSUS website for any commercial
purposes, whatsoever, such as selling products or services, or increasing
traffic to other websites. You acknowledge that SILVERCENSUS generates
and publishes date in various forms, including in response to queries.
You agree that all right, title and interest in and to such data
are and will remain the exclusive property of SILVERCENSUS. You
acknowledge and agree that any use of such data, other than as expressly
provided herein, is expressly forbidden.
In addition, you agree to refrain from the following in connection
with your use of or access to SILVERCENSUS services:
- Sending automated queries of any sort to SILVERCENSUS without
SILVERCENSUS’ written permission;
- Attempting to access the SILVERCENSUS website by any mechanism
other than as provided by SILVERCENSUS;
- Attempting to decipher, decompile, disassemble or reverse engineer
any of the software used to provide the SILVERCENSUS website;
or
- Attempting to interfere with the SILVERCENSUS website in any
manner that may be deemed malicious and/or detrimental to SILVERCENSUS.
Changes in Terms of Service
You acknowledge and agree that (a) SILVERCENSUS may modify these
Terms of Service from time to time without notice, (b) SILVERCENSUS
may modify or terminate its website, in whole or in part, at any
time and without notice, and (c) in any event of the foregoing,
any modification or termination shall be without liability to you.
SILVERCENSUS Property
All right, title, and interest in and to the SILVERCENSUS website,
as applicable, is and will remain the property of SILVERCENSUS.
Some aspects of the SILVERCENSUS website may be protected by applicable
intellectual property and other laws. Except as permitted in these
Terms of Service, you may not copy, reproduce, modify or prepare
derivative works based upon, distribute, sell, transfer, transmit,
or otherwise use any aspect of the SILVERCENSUS website. You may
not modify the HTML code used in the SILVERCENSUS website.
Disclaimer of Warranties
SILVERCENSUS disclaims any and all responsibility or liability for
the accuracy, content, completeness, legality, reliability, or operability
of Content. SILVERCENSUS disclaims any responsibility for the deletion,
failure to store, misdelivery, or untimely delivery of any information
or material. SILVERCENSUS disclaims any responsibility for any harm
resulting from downloading or accessing any information or material
on the Internet through the SILVERCENSUS website.
THE SILVERCENSUS WEBSITE, AND ALL MATERIALS, INFORMATION, PRODUCTS
AND SERVICES INCLUDED IN THE SILVERCENSUS WEBSITE ARE PROVIDED “AS
IS”, WITH NO WARRANTIES WHATSOEVER. SILVERCENSUS EXPRESSLY
DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS. SILVERCENSUS DISCLAIMS AND WARRANTIES (A)
REGSRDING THE SECURITY, RELIABILITY, TIMLINESS, AND PERFORMANCE
OF THE SILVERCENSUS WEBSITE, (B) FOR ANY INFORMATION OR ADVICE OBTAINED
FROM OR THROUGH THE SILVERCENSUS WEBSITE AND (C) FOR SERVICES OR
GOODS RECEIVED THROUGH OR ADVERISED ON THE SILVERCENSUS WEBSITE
OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SILVERCENSUS WEBSITE,
AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS
PROVIDED BY THE SILVERCENSUS WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN
MATERIAL OR DATA THROUGH THE USE OF THE SILVER CENSUS WEBSITE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SILVERCENSUS BE LIABLE TO ANY USER
ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON
THE SILVERCENSUS WEBSITE. ARISING FROM ANY CLAIM RELATING TO THIS
AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER
SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, (EVEN IF SILVERCENSUS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SILVERSUNSUS
WEBSITE, FROM INABILITY TO USE THE SILVERCENSUS WEBSITE, OR FROM
THE INTERRUPTION, SUSPENSION, OR TERMINATION THE SILVERCENSUS WEBSITE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SILVERCENSUS
WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SILVERCENSUS
WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE SILVERCENSUS WEBSITE OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE SILVERCENSUS WEBSITE. THIS LIMITATION
SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT
OF SUBSITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE SILVERCENSUS WEBSITE OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO, THE SILVERCENSUS WEBSITE, SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE
FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall SILVERCENSUS
be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond
its reasonable control, including, without limitation, internet
failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages
of labor or materials, fires, floods, storms, explosions, acts of
God, war, governmental actions, orders of domestic or foreign courts
or tribunals, non-performance of third parties, or loss of or fluctuations
in heat, light, or air conditioning.
Indemnity
You agree to defend, indemnify, and hold harmless SILVERCENSUS,
its officers, directors, employees and agents, from and against
any claims, liabilities, damages, losses, and expenses, including
without limitation, reasonable legal and accounting fees, arising
out of or in any way connected with your access to or use of the
SILVERCENSUS website, or your violation of these Terms of Service.
Miscellaneous Provisions
These terms of Service will be governed by and construed in accordance
with the laws of the State of Florida, without giving effect to
its conflict of laws provisions or your actual state or country
of residence. The exclusive jurisdiction and venue of any action
with respect to the subject matter of these Terms of Service will
be the state and federal courts located in Palm Beach County, Florida,
and each of the parties hereto waives any objection to jurisdiction
and venue in such courts. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms of Service
to be unenforceable, the remainder of the Terms of Service will
continue in full force and effect.
These Terms of Service constitute the entire agreement between
the parties with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. The failure of SILVERCENSUS
to enforce any right or provision of these Terms of Service will
not be deemed a waiver of such right or provision. Any waiver of
any provision of the Terms of Service will be effective only if
in writing and signed by an authorized agent of SILVERCENSUS.
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