Silverstone Solutions
Terms of Use
(last updated January 2007)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Agreement to Terms of Use
Welcome! Silverstone Solutions, Inc. (“Silverstone Solutions” or “us” or “we”)
welcomes you to our website at www.silverstonesolutions.com (the “Site”).
By
using or accessing the Site, you are agreeing to these Terms of Use, our Privacy
Policy and all other policies or notices posted by us on the Site.
If you don’t agree to these Terms of Use, don’t use the Site.
We can change these Terms of Use at any time without any notice to you. It
is your responsibility to review these Terms of Use from time to time for any
changes as it creates a binding legal agreement between you and Silverstone
Solutions. If you use the Site after we’ve changed any of the Terms of
Use, you are agreeing to all of the changes. Again, if you do not agree, don’t
use the Site.
As long as you comply with these Terms of Use, Silverstone Solutions
grants you a personal, non-exclusive, non-transferable, limited right to enter
and use the Site.
2. CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, “Content”),
including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such Content,
contained on the Site is owned, controlled or licensed by or to Silverstone
Solutions, and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair competition
laws.
3. CHANGES TO THE SITE/UPDATES/TERMS
Silverstone Solutions reserves the right to make changes in any products described
on the Site at any time without notice. Silverstone Solutions customers and
potential customers are advised to obtain the latest version of documents before
relying on information described in the Site, except as explicitly set forth
in written agreements between Silverstone Solutions and its customers. Silverstone
Solutions may make changes to the Content or the Site at any time without notice.
Silverstone Solutions makes no commitment to update the Content or the Site.
Silverstone Solutions reserves the right to make changes to the Site and the
disclaimers, terms, and conditions at any time.
4. LICENSE to USE CONTENT; LIMITS
ON USE
The Content on the Site is provided by Silverstone Solutions as a service to
its customers and potential customers. As long as you comply with these Terms
of Use, Silverstone Solutions hereby grants you the right to use the Content
for informational purposes only.
Any other use, unless otherwise authorized
in writing by Silverstone Solutions or its suppliers, including the framing,
linking to, reproduction (including photocopying or storage in an information
storage/retrieval system), modification, distribution, transmission, republication,
display, resale, data extraction, or data mining of the Content on the Site,
or the preparation of derivative works based on the Content of the Site, is
strictly prohibited. You will not tamper with, disable, reverse engineer, decompile
or otherwise interfere with the proper functioning of the Site, or any content,
proprietary notice, copyright management system or software associated with
the Site, or misrepresent your identity in connection with any use thereof.
All rights not expressly granted herein are hereby reserved.
You may use information
on Silverstone Solutions products and services (such as product briefs, user
manuals, datasheets, white papers and similar materials) purposely made available
by Silverstone Solutions for downloading from the Site, provided that you
(a) not remove any proprietary notice language in any copies of such documents,
(b) use such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer
or broadcast it in any media, (c) make no modifications to any such information,
and (d) make no representations or warranties relating to such documents.
5.
NO MEDICAL ADVICE
Please note that no information provided on the Site is medical advice. The
Content is not intended to be a substitute for professional medical advice,
diagnosis, or treatment. Always seek the advice of your physician or other
qualified health provider with any questions you may have regarding a medical
condition. Never disregard professional medical advice or delay in seeking
it because of something you have read on the Site!
6. TRADEMARKS
All brand, product and service names used on the Site which identify Silverstone
Solutions or its suppliers and their proprietary products and services are
the trademarks or service marks of Silverstone Solutions or its suppliers.
You may not use, and nothing contained on the Site grants, by implication,
waiver, estoppel or otherwise, any right to use, any trademark displayed
on the Site without the written permission of Silverstone Solutions or the
respective owner.
7. AVAILABILITY OF SITE
You acknowledge that temporary interruptions in the availability of the Site
may occur from time to time as normal events. Under no circumstances will
Silverstone Solutions or its suppliers be held liable for any damages due
to such interruptions. The Site and the Content may include technical inaccuracies
or typographical errors. The Site is made available internationally and may
contain references to products, programs and services of Silverstone Solutions
or its suppliers that are not available in your location. Such references
do not imply that Silverstone Solutions or its suppliers intend to make available
such products, programs or services in your location.
8. LINKS WITH OTHER
SITES
Silverstone Solutions is not responsible for the content of any other web site
linked to or from the Site. If you link to another site, you leave the Site.
If you decide to link to another site, you do so entirely at your own risk.
Silverstone Solutions may provide links from the Site to other sites, but
this is done solely as a convenience to you and in no way should be interpreted
as a referral or endorsement of any content, sponsor or owner of any other
site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO
ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP,
VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.
9.
ACCOUNTS, PASSWORDS and SECURITY
Certain features or services offered on or through the Site may require you
to register (including setting up an Silverstone Solutions login and password).
You are entirely responsible for maintaining the confidentiality of your
registration information, including your password, and for any and all activity
that occurs under your registration. You agree to notify Silverstone Solutions
immediately of any unauthorized use of your login or password, or any other
breach of security. However, you may be held liable for losses incurred by
Silverstone Solutions or any other user of or visitor to the Site due to
someone else using your Silverstone Solutions login, password or registration.
You
may not use anyone else’s Silverstone Solutions login, password
or registration at any time without the express permission and consent of
the holder of that Silverstone Solutions login, password or registration.
Silverstone Solutions cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations.
10. PRIVACY
Silverstone Solutions’s Privacy Policy applies to use of this Site,
and its terms are made a part of these Terms of Use by this reference. You
can view Silverstone Solutions Privacy Policy here. Additionally, by using
the Site, you acknowledge and agree that Internet transmissions are never
completely private or secure. You understand that any message or information
you send to the Site may be read or intercepted by others, even if there
is a special notice that a particular transmission is encrypted.
PLEASE
DO NOT SUBMIT ANY CONFIDENTIAL PATIENT OR HEALTH INFORMATION THROUGH THE SITE.
Our privacy policy is not intended to cover these types of particularly sensitive
information. We can only accept this type of information by special arrangement
and under the terms of a separate written agreement.
11. DISCLAIMERS
Silverstone Solutions DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE
OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC
RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
Silverstone Solutions CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Silverstone Solutions DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF ACCURACY, title, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. Silverstone Solutions DISCLAIMS ANY AND
ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES
IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR ANY Silverstone
Solutions SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE
AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Silverstone Solutions FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR
ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN
THE PARTIES, and in its absence Silverstone Solutions would not make the
site available.
The
above disclaimer applies to any damages, liability or injuries caused by
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction of or unauthorized access to, alteration of, or use, whether
for breach of contract, tort, negligence or any other cause of action.
Silverstone
Solutions reserves the right to do any of the following, at any time, without
notice: (a) to modify, suspend or terminate operation of or access to the
Site, or any portion of the Site, for any reason; (b) to modify or change
the Site, or any portion of the Site, and any applicable policies or terms;
(c) to interrupt the operation of the Site, or any portion of the Site, as
necessary to perform routine or non-routine maintenance, error correction,
or other changes; and (d) revoke or suspend any login or password.
12. LIMITATION
OF LIABILITY
To the fullest extent permitted under law, in no event will Silverstone Solutions
be liable to you for any indirect, consequential, exemplary, incidental,
special, or punitive damages, including lost profits or cost of replacement,
even if Silverstone Solutions has been advised of the possibility of such
damages.
If, notwithstanding the other provisions of these Terms of Use, Silverstone
Solutions is found to be liable to you for any damage or loss which arises
out of or is in any way connected with your use of the Site or any Content,
Silverstone Solutions’ liability shall in no event exceed US$100.00.
Some jurisdictions do not allow limitations of liability, so the foregoing
limitation may not apply to you.
13. INDEMNITY
You agree to indemnify and hold Silverstone Solutions, its officers, directors,
shareholders, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss, liability,
claims or expenses (including attorneys’ fees), made against Silverstone
Solutions by any third party due to, or arising out of, or in connection
with, your use of the Site. Your indemnification obligation will survive
these Terms of Use and your use of the Site.
14. VIOLATION OF THESE TERMS OF USE
Silverstone Solutions may disclose any information we have about you (including
your identity) if we determine that such disclosure is necessary in connection
with any investigation or complaint regarding your use of the Site, or
to identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally)
Silverstone Solutions’ rights or property, or the rights or property
of visitors to, or users of, the Site, including Silverstone Solutions’ customers.
Silverstone Solutions reserves the right at all times to disclose any information
that Silverstone Solutions deems necessary to comply with any applicable
law, regulation, legal process or governmental request. Silverstone Solutions
also may disclose your information when Silverstone Solutions determines
that applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection
purposes.
You
acknowledge and agree that Silverstone Solutions may preserve any transmittal
or communication by you with Silverstone Solutions through the Site or any
service offered on or through the Site, and may also disclose such data if
required to do so by law or if Silverstone Solutions determines that such preservation
or disclosure is reasonably necessary to (a) comply with legal process, (b)
enforce these Terms of Use, (c) respond to claims that any such data violates
the rights of others, or (d) protect the rights, property or personal safety
of Silverstone Solutions, its employees, users of or visitors to the Site,
and the public.
You agree that Silverstone Solutions may, in its sole discretion
and without prior notice, terminate your access to the Site or block your
future access to the Site (including revoking logins and passwords) if: (a)
we determine that you have violated these Terms of Use or other agreements
or guidelines which may be associated with your use of the Site, (b) we are
requested to do so by law enforcement or other government agencies, (c) we
receive a request from you to do so (including self-initiated account deletions),
(d) we discontinue or modify the Site or any service offered on or through
the Site, or (e) we experience unexpected technical issues or problems. You
agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm to
Silverstone Solutions, for which monetary damages would be inadequate, and
you consent to Silverstone Solutions obtaining any injunctive or equitable
relief that Silverstone Solutions deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies Silverstone
Solutions may have at law or in equity.
If Silverstone Solutions does take
any legal action against you as a result of your violation of these Terms
of Use, Silverstone Solutions will be entitled to recover from you, and
you agree to pay, all reasonable attorneys’ fees
and costs of such action, in addition to any other relief granted to Silverstone
Solutions. You agree that Silverstone Solutions will not be liable to you
or to any third party for termination of your access to the Site.
15. GOVERNING
LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to, or use of, the Site,
including all disputes, will be governed by the laws of the United States
and by the laws of the State of California without regard to its conflicts
of laws provisions. You agree to the personal jurisdiction by and venue
in the state and federal courts in San Francisco, California, and waive any
objection to such jurisdiction or venue. No recovery may be sought or received
for damages other than out-of-pocket expenses, except that the prevailing
party will be entitled to costs and attorneys’ fees. In the event
of any controversy or dispute between Silverstone Solutions and you arising
out of or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable
to resolve any such dispute within a reasonable time (not to exceed thirty
(30) days), then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation, then the
parties shall be free to pursue any right or remedy available to them under
applicable law.
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN
1 YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT
WILL BE PERMANENTLY BARRED.
16. U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication, or disclosure by the United States Government is subject
to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
17.
EXPORT CONTROL
You may not use or export or re-export any Content or any copy or adaptation
of such Content, or any product or service offered on the Site, in violation
of any applicable laws or regulations, including, without limitation, United
States export laws and regulations.
18. CHILDREN’S PRIVACY
We are committed to protecting the privacy of children. You should be aware
that this Site is not intended or designed to attract children under the
age of 13. We do not collect personally identifiable information from any
person we actually know is a child under the age of 13.
19. MISCELLANEOUS
These Terms of Use, together with our Privacy Policy and any other legal notices
we have published on the Site, constitute the entire agreement between you
and us regarding this Site. If a court having proper authority decides that
any portion of these Terms of Use is invalid, only the part that is invalid
will not apply. The rest of these Terms of Use will still be in effect. If
we waive any of our rights under these Terms and Conditions in any particular
instance, it does not mean that we are waiving our rights generally or in
the future. Furthermore, just because we may not enforce all our rights all
of the time, it does not mean that we are waiving our rights. We may decide
to enforce them at a later date. These Terms of Use, and any rights and licenses
granted under these Terms of Use, may not be transferred or assigned by you,
but may be assigned by us without restriction.