Effective & Last Modified 01/01/2022
Consistent with Section 14 (Amendment; Additional Terms
1. LICENCE TO USE WEBSITE
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary. You hereby grant Silver Fern a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Some Website or Services operated by Silver Fern, or linked to by Website, may include trademarks or logos belonging to other third-party licensors and where required are used pursuant to an agreement with such third parties.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license terminates immediately. Upon the termination of this license, you must stop using the Website and/or Services, and return or destroy all copies, including electronic copies in your possession or control.
Restrictions on Use
You agree, in addition to others outlined below:
- not to use our Online Service or Content in an unlawful or fraudulent manner or for any such purposes, including to collect personally identifiable information, or to impersonate other users
- not to use our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Website or Online Service (e.g., those that prevent or restrict copying Content); or take any action to interfere with, damage, disrupt any part of our Website or Service.
- not to copy, modify or create derivative works, or harvest data or materials from our Website or Online Services:
- not to remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary rights or notices marked as Silver Fern:
- not to misrepresent your identity or provide us with any false information in any information-collection portion of our Website or Online Services:
- not to take any action intended to interfere with the operation of our Website or Online Service (s).
- not to access or attempt to access any portion of our Website or Online Services to which you have not been explicitly granted access.
- not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third-party.
- not to engage in viral messaging, SPAMMING, SPIMMING, or sending of unsolicited advertisements, solicitations, or bulk communications, or distribute chain mail or harmful computer code, viruses, or malware.
- not to use our Website and/or Online Services for commercial purposes or in any manner that would compete with any product or service of Silver Fern or any of our affiliates.
- not to use the Website or Online Services in any way that could, in our sole judgment, interfere with any other party's use or enjoyment of the same, or in a manner that could overburden, impair, damage, or disable our networks or servers, or expose us or our licensors, users, customers or suppliers to any claims or liability whatsoever.
- not to use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Website and Online Services.
- not to directly or indirectly authorize anyone else to take actions prohibited in this section.
- not to attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website or Online Services; and/or
- to comply with all applicable laws and regulations while using our Website or Online Services
- not to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material.
- not to transmit any data, or upload to our Website or Online Services, any data that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2. INTELLECTUAL PROPERTY
To access or use some Content or features of our Website or Online Services, you may choose to provide us with certain information, we may require you to provide certain information, or require that you establish an account with us through registration. As noted above, your access to certain content or features are limited if you are not 13 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.
Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.
We may require that you establish an account with use to access certain parts of our Website or use certain Online Services. When registering an account, you may need to select a username ("ID") and password. YOU ARE RESPONSIBLE FOR KEEPING YOUR ID AND PASSWORD, AND OTHER ACCOUNT INFORMATION, CONFIDENTIAL AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, WHETHER OR NOT YOU AUTHORIZED SUCH ACTIVITIES. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by contacting us at EMAIL ADDRESS. You agree that we have the right to disable and / or delete your ID for any reason in our sole discretion.
4. LIMITATION, SUSPENSION OR TERMINATION
5. RELIANCE ON CONTENT
Information available through our Website or Online Service is for educational, entertainment and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not verify al Content. For this and other reasons, such information may have errors, inaccuracies, and omissions.
If there is a dispute between you and anyone accessing our Website or Online Services, or you and any third party in connection with our Website or Services, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release Silver Fern and its officers, directors, employees, contractors, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
6. THIRD-PARTY WEBSITES
7. LIMITS ON OUR LIABILITY
In some jurisdictions, limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances. Still, in no event shall Silver Fern be liable for any losses or damages other than the $100 amount noted above. All other damages are released.
8. DISCLAIMER OF WARRANTIES
TO THE FULL EXTENT PERMITTED BY LAW, SILVER FERN ONLINE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES ARE PROVIDED BY SILVER FERN ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICE IS AT YOUR OWN RISK. SILVER FERN, AND ALL THRID PARTIES PROVIDING CONTENT HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND AFFIRMATIVELY DISCLAIM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANABILITY, FITNESS FOR PARTICULAR PURPOSE OR AND NON-INFRINGEMENT. NO REPRESENTATIONS OR WARRANTIES ARE MADE THAT THE WEBSITE, ONLINE SERVICES OR CONTENT WILL BE WITHOUT ERROR, FREE OF VIRUSES, AND DEFECTS, IF ANY WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECUATIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM OUR WEBSITE OR SERVICES IS VIRUS-FREE AND WITHOUT POTENTENTIALLY DESTRUCTIVE COMPUTER CODE.
Silver Fern is not obligated to provide maintenance, technical support, or updates to you. We are not obligated to continue to provide this Website, Online Services or Content. The foregoing shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
10. MANDATORY ARBITRATION
The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to this Section 12 (No Class Action
) below, we each agree that any arbitration will be solely between you and Silver Fern, not as part of a class wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction in Section 12 (No Class Action
) is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class wide dispute must be brought in court.
11. GOVERNING LAW AND FORUM
12. NO CLASS ACTION
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
13. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
BY AGREEING ABOVE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY AND SERVICES-RELATED-PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
14. AMENDMENT; ADDITIONAL TERMS
15. OTHER TERMS
16. EXPORT CONTROLS
By using our Online Services, you represent and warrant that you and any ultimate beneficiary of our Online Services are not located in any such country or on any such list. You also agree that you will not use our Online Service for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear missiles or chemical or biological weapons.
17. COPYRIGHT INFRINGEMENT - DMCA NOTICE
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on our Online Services infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to the applicable business via email or alternatively to Silver Fern Healthcare, LLC. Attn: Privacy, 6 Main Street, Suite 113, Centerbrook, CT 06409.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Online Services should be sent to the address above.