Last Updated: May 2018
All questions or comments about the Services should be directed to firstname.lastname@example.org.
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older.
3. News Subscription
To receive automatic news alerts, you must provide a valid email address. You can change the delivery frequency or opt out of further communication at any time by accessing the link provided on our emails to you, or by emailing us at email@example.com
4. Copyright and Limited License
Unless otherwise indicated, the Services, including all content, video and other materials on or made available via the Services, are the proprietary property of Silver&Smart/Infusion Marketing Communications, Inc. and its licensors and are protected by U.S. and international copyright laws.
Any use, copying, redistribution and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited. You do not acquire any ownership rights to any content, video and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms.
You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your own personal purposes. You may not:
- resell, lease, rent or sublicense any content
- copy, distribute, publicly perform or publicly display any content unless it is sourced as property of Silver&Smart and linked to the original source on the Silver&Smart website.
- modify or otherwise make any derivative uses of any content
Nothing in these Terms shall be construed as conferring any license to intellectual property rights.
5. Directory Accounts
If you are a service provider or business and you create an account via our Services, you agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update your account information to keep it accurate, current and complete; (c) maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to your account or the Services. Your payment for any access to any Premium Directory Services is subject to the following terms:
- Price. You may pay for access to the Premium Services in full at the time of your purchase or pursuant to any installment payment plan that we make available.
- Installment Payment Plans.If you select an installment payment plan, you hereby grant Company permission to automatically charge the applicable Premium Services fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete and accurate.
- Valid Payment Methods.Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Premium Services. By submitting your order to purchase access to our Premium Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter to proceed with your order.
- No Cancellations.All sales are final, and we do not offer any refunds or cancellations. If you select an installment payment plan, you will be obligated to complete all installment payments.
- Failure to PayA failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.
- Taxes. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
- Automatic Renewal Terms.Premium directory services are ongoing subscriptions. By enrolling in a Subscription program, you agree that a Subscription fee will be billed at the price you agreed to when subscribing to the payment you provide for the then-current Subscription period on a recurring basis until you cancel. If you do not wish for your account to renew automatically, or if you want to change or cancel your Subscription, please email us at firstname.lastname@example.org.
You are granted a limited, non-exclusive right to create a hyperlink to the Silver&Smart Site, provided such link does not portray Company or the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking website does not contain any illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
7. Use of Silver&Smart Logo
You may not use a Company logo or other proprietary graphic of Company to link to the Site without the express written permission of Company. Except as expressly stated in these Terms, you are not conveyed any right or license by implication, estoppel or otherwise in or under any intellectual property right of Company or any third party.
8. User Content
If you subscribe to our directory, you agree that you are solely responsible for your User Content and for your area, and that you use the directory at your own risk. By submitting or posting User Content, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to display your information on our website until your directory subscription is canceled. You represent and warrant that you own and control all of the rights, title and interest in and to any User Content you provide or you otherwise have all necessary rights to grant the rights to Company that you grant in these Terms. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable.
9. User Conduct
You agree that you will not use the Services in violation of any law, contract or intellectual property or other third party right.
10. Right to Terminate
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we will terminate users or account holders who violate copyright terms.
11. Third-Party Content, Advertisements and Promotions
Company may provide third-party content on the Services, including without limitation advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively the “Third-Party Content”). Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Services does not imply affiliation, endorsement or adoption by Company of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
Content and directory services are provided for informational purposes only and should not be construed as legal, financial or professional advice. Services are provided on an “AS-IS basis.” We do not warranty that information provided is accurate, complete, current or error-free. We also do not warranty that our servers are free of viruses or harmful components. We disclaim all statutory and implied warranties.
When you use our website, you agree to defend, indemnify and hold harmless Company, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of the rights of any third party.
14. Modifications to the Services
Company reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Company will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
15. Governing Law; Forum
Any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of Oregon and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Company agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property, or relating to these Terms shall be filed only in the state and federal courts located in Clackamas County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Company reserves the right, without advance notice and in its sole discretion, to terminate your right to use the Services, and to block or prevent your future access to and use of the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.