Terms of Use.
Welcome to SilentBoost’s website at www.silentboost.com (the “Site”). By using this Site you acknowledge that you have read the terms and conditions of use (“Terms of Use” or “Agreement”) set forth below and agree to be bound by such Terms of Use, without limitation, modification or qualification. These Terms of Use constitute a legally binding agreement between you and SilentBoost and govern your access and use of the Site. The Terms of Use apply to all pages of the Site. If you do not agree to be bound by these Terms of Use, do not use the Site or any information on the Site. We may, in our sole discretion, terminate your access to the Site at any time and without notice, including without limitation due to any violation by you of these Terms of Use.
Modifications to these Terms of Use and to the Site
SilentBoost (“SilentBoost,” “we,” “us” or “our”) may modify these Terms of Use with or without notice to you, and such modified agreement shall be effective immediately upon posting. Your continued access to or use of this Site and/or any services offered through it shall be your conclusive acceptance of these Terms of Use, including any modifications. We reserve the right from time to time to make changes to the Site, including but not limited to discontinuing, temporarily or permanently, any information or service offered by us or through the Site, with or without notice. You agree that we shall not be liable to you or to any other party for any changes to the Site.
Informational Purposes Only
This Site is for informational purposes only, and information on this Site should not be construed as a solicitation, offer, recommendation, advice, representation of suitability or endorsement of any practice, policy, or investment.
Limited Right of Use/Ownership of Contents
The contents of the Site are intended for the personal, noncommercial use of its users. SilentBoost grants to you a nonexclusive, nontransferable, and limited license to access and use the Site only as expressly permitted in the Terms of Use. As a condition of your right to access the Site under these Terms of Use, you acknowledge and agree that you shall not directly or indirectly use the Site for any commercial purpose, frame or hyperlink the Site without prior written consent of SilentBoost, bypass or circumvent any measures used to limit access to the Site, or use the Site for any illegal or fraudulent purpose. You are responsible for compliance with all local laws and regulations.
All materials on the Site, including trade names, trademarks, service marks, trade dress, logos, graphics, articles and other materials (the “Contents”) are protected by U.S. and international copyright, trademark and all other applicable intellectual property laws, and are proprietary to SilentBoost, SilentBoost’s suppliers or licensors, or the party credited as the provider of such Contents. Nothing in these Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Content. Absent our prior express written consent, you may not copy, modify, reproduce, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or software forming part of the Site in whole or in part. Any unauthorized or prohibited use of the Content may subject you to civil and criminal liability under applicable law.
Third Party Sites and Linking
As a convenience to you, this Site may contain links to third party websites (“linked sites”). By accessing this Site, you acknowledge that linked sites are not under SilentBoost’s control, and SilentBoost is not responsible for, does not make any express or implied warranties with regard to, and does not endorse the content of, or any link embedded in, any linked site, whether or not SilentBoost is affiliated with the linked site’s sponsor(s). You enter linked sites at your own risk.
Disclaimer of Warranties and Limitation of Liability
While we use reasonable efforts to ensure that the information we post is accurate and up-to-date at the time it is published or posted, errors and omissions may occur or some information on the Site may not be the most current information available. You alone are responsible for confirming the accuracy of any information posted to the Site. We make no representation as to the completeness or accuracy of the Contents and we make no commitment, and disclaim any duty, to correct or update the Contents.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. SILENTBOOST DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE COTENT. SILENTBOOST MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS OR OTHER INFORMATION PUBLISHED ON THIS SITE. THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SILENTBOOST HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO INFORMATION AVAILABLE ON THE SITE, INCLUDING ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SPEED OR DELIVERY OF THE SITE OR ITS CONTENTS. BY PROCEEDING TO ACCESS THIS SITE, YOU HEREBY ASSUME THE ENTIRE RISK OF RELYING UPON THE INFORMATION PROVIDED ON THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SILENTBOOST BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENTS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SILENTBOOST’S LIABILITY, AND THAT OF ITS AGENTS AND LICENSORS, IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS, AND YOU AGREE THAT SILENTBOOST’S MAXIMUM LIABILITY FOR THE USE OF THIS SITE SHALL NOT EXCEED $100. YOU AGREE THAT, IN CONSIDERATION FOR ACCESSING THE SITE AND THE CONTENTS, THAT THE FOREGOING LIMITATION OF LIABILITY IS REASONABLE.
Indemnification
By accessing and/or using the Site, you agree to indemnify, defend and hold SilentBoost and its respective officers, directors, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, expenses and costs, including without limitation attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by you of, these Terms of Use or from your unauthorized use of the Site. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Submitting Confidential Information
Please do not send SilentBoost any confidential or proprietary information. We do not accept responsibility for protecting any confidential or proprietary information without an express written agreement from us to do so and are under no obligation to return any information to the sender.
Miscellaneous
These Terms of Use constitute the entire agreement between you and SilentBoost and govern your use of the Site and any services offered on the Site. This Agreement supersedes any prior terms of use or other agreements between you and SilentBoost concerning use of this Site.
This Agreement has been made in and shall be construed in accordance with the laws of the State of Wisconsin without regard to its conflict of law provisions. By accessing or using this Site, you agree to submit to the personal and exclusive jurisdiction of any Wisconsin court for resolution of any disputes arising out of or relating to this Agreement or your use of this Site.
The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.
If any portion of this Agreement is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of the Agreement will be enforced as written. If you have any questions about these Terms of Use, please contact SilentBoost at 414.255.0400.
