Terms and Conditions
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.
