Terms of Use

WEBSITE TERMS OF USE

Last Modified: October 6, 2023

 

Acceptance of the Terms of Use

These terms of use (these “Terms”) are entered into by and between you and Silient LLC (“Silient,” “Company,” “we,” or “us”). These Terms govern your access to and use of the Silient website, including any content, functionality, and services offered on or through www.silient.com, as well as any mobile and desktop applications you download from this website (collectively, the “Site”). Please read these Terms carefully before you start to use the Site. By accessing the Site, you agree to be legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you are not authorized to access or use the Site or receive Silient products or services. We may modify these Terms at any time and will post the current version on the Site.

The Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet these requirements, you must not access or use the Site.

BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS WHICH SHALL INCLUDE THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Use of Site

As a condition of your use of the Site, you will not use the Site, or any of its contents or products/services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or that is prohibited by these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Silient, its employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Silient or users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

2. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Silient, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your individual use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as expressly authorized herein or by Silient.

You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Silient or our licensors except as expressly authorized by these Terms.

3. Accessing the Site

3.1 Login Information

While certain content is publicly available, you must register for a user account before you are able to access all areas of the Site. You may register to create an account directly via the Site. To create an account, you must be at least 18 years of age and not barred from using our Site under applicable law. Parents and legal guardians are responsible for the acts of their children using the Site.

It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete and that all required permission and authorizations have been obtained from third parties for their personal information that you provide to us for processing. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You shall be responsible for all use or activity on your account, including unauthorized use or activity. You shall promptly notify us upon becoming aware of any loss of or unauthorized use of your username and password.

You may not register for an account on behalf of any person (other than yourself).

No person or entity may have more than one active account at any given time.

3.2 Account Set-up

Your account and account profile page will be created based on the information you provide to us.

You agree to provide complete, accurate, and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate, and up-to-date. Please note that the name and contact information that you submit when you register will be shared in accordance with your selections in your account settings when you share your Content.

When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your Silient account or any other account that you may connect to your Silient account. You agree not to disclose your username or password to any third party, and you agree to immediately notify Silient of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. To the maximum extent permitted under applicable law, Silient cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3.3 Account Suspension and Cancellation

You may cancel your account at any time.

We may, to the maximum extent permitted under applicable law, without liability to you and without limiting our other remedies, with or without prior notice and at any time, limit, suspend, deactivate, or cancel your account and take technical and legal steps to prevent you from using our Site at any time for any reason.

SILIENT reserves the right to suspend or terminate your account or your access to the Website if you create more than one account or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive, or fraudulent.

We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel the accounts of users who fail to comply with the Terms.

4. User Submitted Information

You represent and warrant to Silient that you have all necessary rights and permissions to enable, and grant such rights and permissions to Silient, to use, store, and process User Data on the Site, and have obtained all necessary and appropriate consents, approvals, and waivers relating to providing and disclosing User Data hereunder. “User Data” means all data, information, and materials that are provided by you to Silient or are loaded into, maintained, tracked, input, calculated, or processed within or by the Site for you. Silient has no responsibility for claims based on any violation of law or third-party rights caused by User Data and you hereby agree to indemnify and hold Silient harmless for any such claims.

5. Links to Third Party Websites

This Site may contain links to third-party websites that are provided to you as a convenience. Any outside website accessed from our Site is independent of Silient, and we have no control over the content or offerings of such websites. If you decide to access any third-party websites or engage with any such third-party website operator, you do so entirely at your own risk and Silient assumes no liability for such use or engagement. We are not responsible for the content of any linked website, or any loss or damage incurred in connection with your use of such links or dealings with the operators of such third-party websites. We are not responsible for any products or services offered by such third-party websites.

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Silient of that third party or of any product or service provided by a third party. Likewise, a link to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Silient does not endorse, warrant, or guarantee any product or service offered by any third party and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

6. Website Availability & Modification

Silient shall not be responsible for any disruption to the Site, regardless of length. Silient will not be liable for losses related to your inability to access content due to disruptions of the Site. You are free to stop using our Site at any time. We reserve the right to add, remove, or modify content, functionalities, and features, add, or create new limits to the Site, or suspend or stop the Website altogether for any reason without notice.

7.  Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Silient, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Silient. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. Online Purchases and Other Terms and Conditions

All purchases of good and services through our Site are governed by our Terms of Sale [LINK TO TERMS OF SALE], which are hereby incorporated into these Terms.

Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

10. Geographic Restrictions

The owner of the Site is based in the State of [North Carolina] in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. Disclaimer of Warranties and Limitation of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SILIENT NOR ANY PERSON ASSOCIATED WITH SILIENT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SILIENT NOR ANYONE ASSOCIATED WITH SILIENT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, SILIENT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL SILIENT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR SILIENT’S PRODUCTS OR SERVICES WHETHER IN AN ACTION BASED UPON CONTRACT, TORT, OR OTHERWISE. MOREOVER, IN NO EVENT SHALL SILIENT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LOSS DUE TO ANY MATTERS BEYOND SILIENT’S REASONABLE CONTROL.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify Silient and its affiliates, directors, officers, managers, employees, contractors, suppliers, agents, representatives and third party service providers, and hold each of them harmless from any and all claims, actions, liabilities, damages, and costs (including attorneys’ fees) raised by a third party that arise from or relate to your use or misuse of, or access to, the Site (including its content) or Silient’s products or services, violation of these Terms or violation of any third-party right, including without limitation any trademark, copyright, or other proprietary privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

13. Governing Law

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

14. Dispute Resolution and Binding Arbitration 

YOU AND SILIENT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Delaware under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Delaware. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.

Notwithstanding the foregoing, SILIENT shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the Delaware or any other court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SILIENT WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE

15. Electronic Communications 

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures or other communications that we provide to you electronically or posted on the Site satisfies any legal requirement that such communication be in writing.

16. Entire Agreement

These Terms, our Privacy Policy and Terms of Sale constitute the entire agreement between the parties relating to the subject matter herein. Silient may, in its discretion and without notice, revise these terms at any time by posting a new set of terms on its website with an updated date. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.

17. Contact Us

All notices of copyright infringement claims should be sent to the copyright agent.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: support@silient.com.

Use of the product is not a medical procedure. You should consult with your doctor prior to use. The product has not been tested or approved by the fda or any government agency for the treatment of any illness or disease. Do not use if pregnant, have heart conditons or other medical conditions negatively impacted by exposure to cold temperatures, are a minor, or while under the influence of drugs or alcohol. You expressly acknowledge and agree that you understand there are certain inherent risks and dangers associated with exposure to cold temperatures, including, but not limited to, heart failure, hypothermia, loss of consciousness and stroke. By using the product, you knowlingly and voluntarily accept and agree to assume all risks, both known and unknown, of illness, injury, pain, suffering, disability, or death arising therefrom.

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