1. ACCEPTANCE OF TERMS
The services that Silent Assistant, L.L.C. provides to User is subject to the following Terms of Use
("TOU"). Silent Assistant, L.L.C. reserves the right to update the TOU at any time without notice to User.
The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link
located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of
www.silentassistant.com, including, but not limited to, supplemental terms and conditions set
forth hereof ("Supplemental Terms") governing the use of certain specific material contained in
www.silentassistant.com, sets forth the terms and conditions that apply to use of
www.silentassistant.com by User. By using Silent Assistant, L.L.C. (other than to read this
Agreement for the first time), User agrees to comply with all of the terms and conditions hereof.
The right to use www.silentassistant.com is personal to User and is not transferable to any other
person or entity. User is responsible for all use of User's Account (under any screen name or
password) and for ensuring that all use of User's Account complies fully with the provisions of this
Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if
any.
B. Silent Assistant, L.L.C. shall have the right at any time to change or discontinue any aspect or
feature of www.silentassistant.com, including, but not limited to, content, hours of availability, and
equipment needed for access or use.
2. CHANGED TERMS
Silent Assistant, L.L.C. shall have the right at any time to change or modify the terms and conditions
applicable to User's use of www.silentassistant.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be given by means including,
but not limited to, posting on www.silentassistant.com, or by electronic or conventional mail, or by any
other means by which User obtains notice thereof. Any use of www.silentassistant.com by User after such
notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Silent Assistant, L.L.C. provides User with access to a variety of resources,
including download areas, communication forums and product information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software
and other equipment needed for access to and use of www.silentassistant.com and all charges related
thereto.
5. USER CONDUCT
A. User shall use www.silentassistant.com for lawful purposes only. User shall not post or transmit
through www.silentassistant.com any material which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or
which, without Silent Assistant, L.L.C. 's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a User that in Silent Assistant,
L.L.C. 's discretion restricts or inhibits any other User from using or enjoying
www.silentassistant.com will not be permitted. User shall not use www.silentassistant.com to
advertise or perform any commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive with Silent
Assistant, L.L.C. .
B. www.silentassistant.com contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video, graphics, music and sound,
and the entire contents of www.silentassistant.com are copyrighted as a collective work under the
[COUNTRY] copyright laws. Silent Assistant, L.L.C. owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the content original to
it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in part. User may download
copyrighted material for User's personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express permission of Silent Assistant, L.L.C.
and the copyright owner. In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. User acknowledges that it does not acquire any ownership rights
by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on www.silentassistant.com any material
protected by copyright, trademark or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right and the burden of determining that
any material is not protected by copyright rests with User. User shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material to any public area of
www.silentassistant.com, User automatically grants, or warrants that the owner of such material
has expressly granted Silent Assistant, L.L.C. the royalty-free, perpetual, irrevocable, non-
exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such
material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media
or technology now known or hereafter developed for the full term of any copyright that may exist
in such material. User also permits any other User to access, view, store or reproduce the
material for that User's personal use. User hereby grants Silent Assistant, L.L.C. the right to edit,
copy, publish and distribute any material made available on www.silentassistant.com by User.
D. The foregoing provisions of Section 5 are for the benefit of Silent Assistant, L.L.C., its
subsidiaries, affiliates and its third party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable User to communicate with others (each a "Communication
Service" and collectively "Communication Services"). User agrees to use the Communication Services
only to post, send and receive messages and material that are proper and, when applicable, related to
the particular Communication Service. By way of example, and not as a limitation, User agrees that when
using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited messages (commercial or
otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or
control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,
or any other similar software or programs that may damage the operation of another's computer
or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that User know, or
reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed
in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or
other proper notices or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any
directory of users of the Services or other user or usage information or any portion thereof.
Silent Assistant, L.L.C. has no obligation to monitor the Communication Services. However, Silent
Assistant, L.L.C. reserves the right to review materials posted to the Communication Services and
to remove any materials in its sole discretion. Silent Assistant, L.L.C. reserves the right to terminate
User’s access to any or all of the Communication Services at any time, without notice, for any reason
whatsoever. Silent Assistant, L.L.C. reserves the right at all times to disclose any information as it deems
necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in Silent Assistant, L.L.C.'s
sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage,
reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads
the materials.
Always use caution when giving out any personally identifiable information in any Communication
Services. Silent Assistant, L.L.C. does not control or endorse the content, messages or information found
in any Communication Services and, therefore, Silent Assistant, L.L.C. specifically disclaims any liability
with regard to the Communication Services and any actions resulting from User’s participation in any
Communication Services. Managers and hosts are not authorized Silent Assistant, L.L.C. spokespersons,
and their views do not necessarily reflect those of Silent Assistant, L.L.C..
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process
by providing Silent Assistant, L.L.C. with current, complete and accurate information as prompted by
the applicable registration form. User also will choose a password and a user name. User is entirely
responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is
entirely responsible for any and all activities that occur under User’s account. User agrees to notify Silent
Assistant, L.L.C. immediately of any unauthorized use of User’s account or any other breach of security.
Silent Assistant, L.L.C. will not be liable for any loss that User may incur as a result of someone else
using User’s password or account, either with or without User’s knowledge. However, User could be held
liable for losses incurred by Silent Assistant, L.L.C. or another party due to someone else using User’s
account or password. User may not use anyone else's account at any time, without the permission of the
account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of
Silent Assistant, L.L.C. and/or its suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An
end user will be unable to install any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SILENT ASSISTANT,
L.L.C. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.
FOR YOUR CONVENIENCE, SILENT ASSISTANT, L.L.C.. MAY MAKE AVAILABLE AS PART OF
THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. SILENT ASSISTANT, L.L.C. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO
THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH
TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the
Services 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 Services is for
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. Accredited
educational institutions, such as universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the classroom. Distribution outside the
classroom requires express written permission. 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.
SILENT ASSISTANT, L.L.C. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. Silent Assistant, L.L.C. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN
NO EVENT SHALL Silent Assistant, L.L.C. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. SILENT ASSISTANT, L.L.C. 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.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Silent Assistant, L.L.C. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO SILENT ASSISTANT, L.L.C. OR POSTED AT ANY OF ITS
WEBSITES
Silent Assistant, L.L.C. does not claim ownership of the materials User provide to Silent Assistant, L.L.C.
(including feedback and suggestions) or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of any public or private community, (each
a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") User’s Submission User is granting Silent Assistant, L.L.C., its affiliated companies
and necessary sublicensees permission to use User’s Submission in connection with the operation of
their Internet businesses (including, without limitation, all Silent Assistant, L.L.C. Services), including,
without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with
User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. Silent
Assistant, L.L.C. is under no obligation to post or use any Submission User may provide and Silent
Assistant, L.L.C. may remove any Submission at any time in its sole discretion. By Posting a Submission
User warrants and represents to own or otherwise control all of the rights to User’s Submission as
described in these Terms of Use including, without limitation, all the rights necessary for User to provide,
post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant
and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such
Images has granted User permission to use such Images or any content and/or images contained in
such Images consistent with the manner and purpose of User’s use and as otherwise permitted by
these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of
example, and not as a limitation, the distribution, public display and reproduction of such Images. By
Posting Images, User is granting (a) to all members of User’s private community (for each such Images
available to members of such private community), and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private community), permission to use User’s Images
in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by
way of example, and not as a limitation, making prints and gift items which include such Images), and
including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having
User’s name attached to such Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for a Images will terminate at the time User
completely remove such Images from the Services, provided that, such termination shall not affect any
licenses granted in connection with such Images prior to the time User completely remove such Images.
No compensation will be paid with respect to the use of User’s Images.
12. Disclaimer of Warranty; Limitation of Liability
A. USER EXPRESSLY AGREES THAT USE OF WWW.SILENTASSISTANT.COM IS AT USER'S
SOLE RISK. NEITHER WWW.SILENTASSISTANT.COM, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT WWW.SILENTASSISTANT.COM WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF WWW.SILENTASSISTANT.COM, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH WWW.SILENTASSISTANT.COM.
B. WWW.SILENTASSISTANT.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT Silent Assistant, L.L.C. IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL Silent Assistant, L.L.C., OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING WWW.SILENTASSISTANT.COM OR THE Silent
Assistant, L.L.C. SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES
ARISING
OUT
OF
THE
USE
OF
OR
INABILITY
TO
USE
WWW.SILENTASSISTANT.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Silent Assistant, L.L.C., NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UN-AUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN WWW.SILENTASSISTANT.COM, OR FOR ANY DELAY
OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY
CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF
ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT
WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. Silent Assistant, L.L.C., ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, Silent Assistant, L.L.C.,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT
OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF
THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES,
ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE
OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR
TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES
OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT
SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS
OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED
FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE Silent Assistant, L.L.C.'S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF Silent Assistant, L.L.C. AND Silent Assistant, L.L.C.
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Silent Assistant, L.L.C. IS
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. Silent Assistant, L.L.C. IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Silent
Assistant, L.L.C. OF THE SITE.
Silent Assistant, L.L.C. is a distributor (and not a publisher) of content supplied by third parties and
Users. Accordingly, Silent Assistant, L.L.C. has no more editorial control over such content than does
a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including information providers,
Users or any other user of www.silentassistant.com, are those of the respective author(s) or distributor(s)
and not of Silent Assistant, L.L.C.. Neither Silent Assistant, L.L.C. nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
In many instances, the content available through www.silentassistant.com represents the opinions and
judgments of the respective information provider, User, or other user not under contract with Silent
Assistant, L.L.C.. Silent Assistant, L.L.C. neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on www.silentassistant.com by anyone other than authorized
Silent Assistant, L.L.C. employee spokespersons while acting in their official capacities. Under no
circumstances will Silent Assistant, L.L.C. be liable for any loss or damage caused by a User's reliance
on information obtained through www.silentassistant.com. It is the responsibility of User to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice or other content available
through Silent Assistant, L.L.C.. Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
Silent Assistant, L.L.C. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Silent Assistant, L.L.C.'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Silent Assistant, L.L.C..
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Silent Assistant, L.L.C. OR ANYONE AT
Silent Assistant, L.L.C.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Silent Assistant, L.L.C. MAKES
NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
15. MONITORING
Silent Assistant, L.L.C. shall have the right, but not the obligation, to monitor the content of
www.silentassistant.com, including chat rooms and forums, to determine compliance with this Agreement
and any operating rules established by Silent Assistant, L.L.C. and to satisfy any law, regulation or
authorized government request. Silent Assistant, L.L.C. shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on www.silentassistant.com. Without limiting
the foregoing, Silent Assistant, L.L.C. shall have the right to remove any material that Silent Assistant,
L.L.C., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
16. INFORMATION COLLECTED
We may collect personal information about you (such as your name, postal address, telephone number
and email address) that you provide voluntarily. We use your personal information that you provide to
respond to your questions, provide you the specific services you select, and send you emails about Site
maintenance and updates.
Even if you do not provide us with personal information, we collect non-personal information about your
use of our Site.
We may use "Cookies" and "Web Beacons" to collect anonymous, non-personally identifiable information
about your use of our Site. For example, we may use cookies to help you navigate our Site more
efficiently and statistically monitor how many people are using our Site. "Cookies" are small text records
used by our system that allow us to track user requests and tailor the resulting user experience while on
our Site. "Web Beacons" are tiny graphic image files, embedded in a web page in GIF, jpeg or HTML
format, that provide a presence on the web page and send back to its home server (which can belong
to the host site, a network advertiser or some third party) information from your browser, such as the IP
address, the URL of the page on which the beacon is located, the type of browser that is accessing the
Site and the ID number of any Cookies on your computer previously placed by that server. Web Beacons
may also be used to place a Cookie on your computer.
17. CHILDREN”S PERSONAL INFORMATION
www.silentassistant.com is a general audience site and is not designed or intended to attract children
under the age of 13. We do not knowingly collect personal information from any person we actually know
is under the age of 13.
18. YOUR PERSONAL INFORMATION
The personal information collected on www.silentassistant.com will be used to provide the services you
have requested or authorized.
We may use non-personal information for research purposes, and we may provide this information in the
aggregate to third parties. For example, we might inform third parties regarding the number of users of
www.silentassistant.com and the activities they conduct while on this site.
Silent Assistant, L.L.C. contracts with other companies and individuals to help us provide services. For
example, we may host some of our Site on another company's computer, or we may hire a company to
answer customer questions, send information about our products and other services. In order to perform
their jobs, these other companies may have limited access to some of the information we maintain about
you. We require all such companies to comply with the terms of our Privacy Policy, to limit their access
to any personal information to the minimum necessary to perform their obligations, and not to use the
information they may access for purposes other than fulfilling their responsibilities to us.
In the event that Silent Assistant, L.L.C. or substantially all of its assets are acquired by a third party,
personally identifiable information will be among the transferred assets.
We may release personal
information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search
warrant, subpoena or court order; or (2) in special cases, such as in response to a physical threat to you
or others, to protect property or defend or assert legal rights. In the event that we are legally compelled
to disclose your personal information to a third party, we will attempt to notify you unless doing so would
violate the law or court order. When we share information with third parties, we ask that they agree in
writing to abide by our Privacy Policy.
Other than the cases described above, we will not release personal information about you to a third party
without your consent.
19. SECURITY OF YOUR PERSONAL INFORMATION
We have implemented technology and security policies, rules and other measures to protect the personal
data that we have under our control from unauthorized access, improper use, alteration, unlawful or
accidental destruction, and accidental loss. We also protect your information by requiring that all our
employees and others who have access to or are associated with the processing of your data respect
your confidentiality.
Although Silent Assistant, L.L.C. makes every reasonable attempt to secure your information, there
is always some risk in transmitting information over the Internet. There is always a risk that thieves
could find some way to circumvent our security systems. Although we take appropriate measures to
protect your information, we cannot guarantee that the personal information that we collect will never be
disclosed in a manner that is inconsistent with this Privacy Policy..
20. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Silent Assistant, L.L.C., its affiliates and their
respective directors, officers, employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of Silent Assistant, L.L.C. by User or User's Account.
21. TERMINATION
Either Silent Assistant, L.L.C. or User may terminate this Agreement at any time. Without limiting the
foregoing, Silent Assistant, L.L.C. shall have the right to immediately terminate User's Account in the
event of any conduct by User which Silent Assistant, L.L.C., in its sole discretion, considers to be
unacceptable, or in the event of any breach by User of this Agreement.
22. MISCELLANEOUS
This Agreement and any operating rules for www.silentassistant.com established by Silent Assistant,
L.L.C. constitute the entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws of the [STATE/PROVINCE,
COUNTRY], without regard to its conflict of laws rules. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any legal import.
23. COPYRIGHT NOTICE
Silent Assistant, L.L.C. it’s logos are trademarks of Silent Assistant, L.L.C. All rights reserved. All other
trademarks appearing on www.silentassistant.com are the property of their respective owners.
24. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organizations, products, domain names, email addresses,
logos, people and events depicted herein are fictitious. No association with any real company,
organization, product, domain name, email address, logo, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
