Terms of Use
Acceptance of the Agreement
This, the Silver Scope Web Design Web Site, and all of its Web Sites and
information are provided to you under these "Terms of Use" and any amendments to
these Terms of Use that may be posted by Silver Scope Web Design from time to
time (collectively, the "Agreement"). BY ACCESSING, BROWSING AND/OR USING THIS
SITE AND/OR ANY WEB SITE PROVIDED BY SILVER SCOPE WEB DESIGN, YOU AGREE TO BE
BOUND BY THE AGREEMENT. The Agreement constitutes the entire agreement between
you and Silver Scope Web Design and supersedes any prior agreements between you
and Silver Scope Web Design regarding the use and contents of this Web Site.
Privacy
Silver Scope Web Design is committed to protecting your privacy. The
information that we obtain through your use of the site, or through any
registration process or otherwise, is subject to our Privacy Policy.
Modifications to this Agreement
Silver Scope Web Design may make changes to this Agreement from time to time
in its sole discretion, and will post any such changes on the Web Site. Your use
of the Web Site after any changes are made constitutes your acceptance of any
such changes.
Modification or Suspension of the Web Site
Silver Scope Web Design may, in its sole discretion, and at any time,
discontinue, suspend or modify its operation of this Web Site, or any part
thereof, temporarily or permanently, without notice to you, and Silver Scope Web
Design shall not be liable for any consequences to you from that action.
User Content
All text, graphics, software, music, sound, photographs, videos, messages,
posts, data, information, or other materials ("Content") are the sole
responsibility of the person from whom the Content originated. Thus, you are
responsible for all Content that you disseminate or transmit through or by means
of the Web Site.
You shall not use the Web Site in any way to:
- post, disseminate or transmit any Content that is unlawful, harassing,
defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or
invasive of another's privacy;
- post, disseminate or transmit any Content which infringes or violates
any party's copyright, trademark, trade secret, patent or other proprietary
right, including but not limited to using third party copyrighted materials
without appropriate permission, using third party trademarks without
appropriate permission or attribution, and using or distributing third party
information protected as a trade secret in violation of a duty of
confidentiality;
- post, disseminate or transmit any viruses or other harmful, disruptive
or destructive files, code or programs;
- intentionally or unintentionally violate any local, state, national or
international law;
- post, disseminate or transmit any unauthorized advertising, promotional
materials, chain letters, spam, junk mail or any other type of unsolicited
mass e-mail to people or entities that have not agreed to be part of such
mailings;
- impersonate any person or entity, falsely state or otherwise
misrepresent your affiliation with any person or entity, forge headers or
otherwise manipulate identifiers to disguise the origin of any Content
transmitted through the Web Site;
- disseminate or transmit any Content you do not have the right to
disseminate or transmit under law, or contractual or fiduciary
relationships;
- disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
- interfere with, disrupt, or harm in any way the Web Site or servers or
networks connected to the Web Site;
- stalk or otherwise harass another;
- collect or store personal data about other users;
- harm minors in any way;
- engage in any activities that would violate the personal privacy rights
of others, including but not limited to, collecting and distributing
information about Internet users without their permission, except as
permitted by applicable law;
- intentionally omit, delete, forge or misrepresent transmission
information, including headers, return mailing and Internet protocol
addresses;
- engage in any activities intended to withhold or cloak identity or
contact information;
- use the Web Site for any illegal purpose, in violation of any applicable
laws or regulations or in violation of the rules of any other Web Sites
providers, web sites, chat rooms, or the like.
User Content
Silver Scope Web Design and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or remove any Content that is
available via the Web Site. Without limiting the foregoing, Silver Scope Web
Design and its designees shall have the right to remove any Content that
violates these Terms of Use or is otherwise objectionable in the absolute
discretion of Silver Scope Web Design. You must evaluate, and you will bear all
risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. Silver Scope Web Design
may preserve Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c)
respond to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Silver Scope Web Design, its
users and the public. The technical processing and transmission of the Web Site,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
By posting Content to the Web Site, or by transmitting Content using the Web
Site, (1) you represent and warrant to Silver Scope Web Design that you have all
necessary permission to post or transmit the information, and (2) you grant to
Silver Scope Web Design a worldwide, non-exclusive, perpetual, royalty-free,
fully sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform, and
display such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later developed.
International Use
You must comply with all applicable local laws regarding online conduct and
acceptable Content, including without limitation, laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
No Reselling of Web Site
You may not sell, resell, reproduce, duplicate, copy or use for any
commercial purposes any portion of the Web Site, or sell use of or access to the
Web Site.
Termination
Silver Scope Web Design may, in its sole discretion, and at any time,
terminate your use of the Web Site, and may remove or delete any Content within
the Web Site, for any reason, without prior notice to you. Silver Scope Web
Design shall not be liable to you or to any third-party for any termination of
your use of or access to the Web Site. In the event of any termination of this
Agreement or your use of or access to the Web Site, the provisions regarding
Proprietary Rights, Indemnification, Disclaimer or Warranties, and Limitations
of Liability shall survive any such termination.
Proprietary Rights
Content available through the Web Site, including without limitation, content
in the form of text, graphics, software, music, sound, photographs, and videos,
and content provided by suppliers, sponsors, or third party advertisers, is
protected by copyrights, trademarks, Web Site marks, patents, or other
proprietary rights and laws. Except as expressly authorized by Silver Scope Web
Design or the applicable supplier, sponsor or advertiser, you may not copy,
modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer
or create derivative works based on the Web Site or any content (including
without limitation any software) available through the Web Site.
Disclaimer of Warranties
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, SILVER SCOPE WEB DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SILVER SCOPE WEB DESIGN DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL
MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES
SILVER SCOPE WEB DESIGN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEB SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS,
WEB SITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE WEB SITE OR AS A RESULT OF THE WEB SITE, OR AS TO ANY TRANSACTIONS ENTERED
INTO BY USE OF OR AS A RESULT OF THE WEB SITE.
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK, AND NEITHER SILVER SCOPE WEB
DESIGN, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, OR SUPPLIERS WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
SILVER SCOPE WEB DESIGN OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL
SILVER SCOPE WEB DESIGN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF PROFITS, USE, DATA, GOODWILL, OR OTHER INTANGIBLES, EVEN IF SILVER SCOPE
WEB DESIGN OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEB SITE, (2) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR, (5) ANY OTHER MATTER RELATING TO
THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT
APPLY TO YOU.
Storage of Content
Silver Scope Web Design may establish, in its sole discretion and without
prior notice to you, a maximum amount of storage space that it will maintain for
Content disseminated or transmitted through the Web Site. Silver Scope Web
Design shall have no responsibility or liability for the deletion or failure to
store any messages, communications or other Content maintained, disseminated or
transmitted through the Web Site.
Your Contact With Third Parties
Your dealings with third parties found on or through the Web Site, including
your participation in promotions, the payment for and delivery of goods and Web
Sites, and any terms, conditions, warranties, or representations associated with
such dealings are solely between you and the third party. Silver Scope Web
Design does not make any representations or warranties with respect to any goods
or Web Sites which may be obtained from such third parties, and Silver Scope Web
Design will have no liability with respect to any loss or damage of any kind
incurred as a result of any dealings between you and any third party, or as a
result of the presence of such third parties on the Web Site.
Links
The Web Site, or third parties on the Web Site, may provide links to other
sites and/or resources over which Silver Scope Web Design has no control. Silver
Scope Web Design has no responsibility for and no liability for the availability
of such external sites or resources, or for the Content, advertising, products
or other materials available through such sites or resources.
Indemnification
You agree to indemnify and hold harmless Silver Scope Web Design, its
affiliates, officers, directors, agents, employees, co-branders or other
partners, and suppliers, from any claim, demand, action, or damage, including
reasonable attorneys' fees, made by any third party due to, arising out of, or
related to your use of the Web Site, Content you submit, post, or transmit
through the Web Site, your violation of the Agreement or any rights of another,
or your connection to the Web Site.
Trademark Notices
Silver Scope Web Design, the Silver Scope Web Design logo, and trade dress
are trademarks of Silver Scope Web Design. You may not use or display these
marks without Silver Scope Web Design's prior written consent. All other
trademarks appearing on the Web Site are the property of their respective
owners.
Copyright, Copyright Agent
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Silver Scope Web Design's Copyright Agent
the following information:
- An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is
located on the Web Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
Silver Scope Web Design's Copyright Agent for Notice of claims of copyright
infringement on its site is:
Silver Scope Web Design
12616 Sauterne Dr.
Suite C
St. Louis, MO 63146
Phone: 314-324-4269
Fax: 1-866-273-0160
info[AT]silverscopedesign[DOT]com
www.silverscopedesign.com
Applicable Law, Forum
This Agreement shall be governed by and construed in accordance with the laws
of the State of Missouri, without giving effect to its conflict of laws
provisions. You and Silver Scope Web Design agree to submit any dispute arising
under this agreement to the exclusive jurisdiction of the federal and state
courts located within the county of St. Louis, MO.
Miscellaneous
If any provision of this Agreement is found by a court or other binding
authority to be invalid, you agree that every attempt shall be made to give
effect to the parties' intentions as reflected in that provision, and the
remaining provisions contained in this Agreement shall continue in full force
and effect.
You agree that any claim or cause of action you may assert arising out of
your use of the Web Site or this Agreement must be filed within one year after
such claim or cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other law to the contrary. Any
failure by Silver Scope Web Design to enforce or exercise any provision of this
Agreement or related right shall not constitute a waiver of that right or
provision.
Additional Information
This website is an official bulletin of Silver Scope Web Design and is
intended to provide general information. It contains policies, regulations,
procedures and fees effective June 1, 2004.
Silver Scope Web Design reserves the right to make changes at any time to
reflect current board policies, administrative regulations and procedures,
amendments by state law and fee changes. Information provided on this website is
subject to change without notice and does not constitute a contract between
Silver Scope Web Design and a user. Silver Scope Web Design is not responsible
for any misrepresentation or provisions that may arise as a result of errors in
preparation.
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