Silence Kills: Terms of Use

Welcome to SilenceKills.com. VitalSmarts, LC and its affiliates provide their services to you subject to the following conditions. If you visit SilenceKills.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future VitalSmarts, LC service visit or purchase from any business affiliated with VitalSmarts, LC, whether or not included in the SilenceKills.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Policy, which also governs your visit to SilenceKills.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit SilenceKills.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VitalSmarts, LC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of VitalSmarts, LC and protected by U.S. and international copyright laws. All software used on this site is the property of VitalSmarts, LC or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

SilenceKills, SilenceKills.COM, VitalSmarts, and other marks indicated on our site are trademarks of VitalSmarts, LC or its subsidiaries, in the United States and other countries. Other SilenceKills.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of VitalSmarts, LC or its subsidiaries. VitalSmarts, LC's trademarks and trade dress may not be used in connection with any product or service that is not VitalSmarts, LC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SilenceKills.com or VitalSmarts, LC. All other trademarks not owned by VitalSmarts, LC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VitalSmarts, LC or its subsidiaries.

LICENSE AND SITE ACCESS

VitalSmarts, LC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VitalSmarts, LC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VitalSmarts, LC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SilenceKills.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing VitalSmarts, LC's name or trademarks without the express written consent of VitalSmarts, LC. Any unauthorized use terminates the permission or license granted by VitalSmarts, LC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SilenceKills.com so long as the link does not portray SilenceKills.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SilenceKills.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use SilenceKills.com only with involvement of a parent or guardian. SilenceKills.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

PRODUCT DESCRIPTIONS

VitalSmarts, LC and its affiliates attempt to be as accurate as possible. However, VitalSmarts, LC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

OTHER BUSINESSES

Parties other than VitalSmarts, LC and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. VitalSmarts, LC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

We do not warrant the performance of the businesses and methods explained or described on this site. Individual results will vary. Follow the advice at your own risk.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY VitalSmarts, LC ON AN "AS IS" AND "AS AVAILABLE" BASIS. VitalSmarts, LC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

We do not warrant the performance of the businesses and methods explained or described on this site. Individual results will vary. Follow the advice at your own risk.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VitalSmarts, LC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VitalSmarts, LC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SilenceKills.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VitalSmarts, LC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. 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.

APPLICABLE LAW

By visiting SilenceKills.com, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and VitalSmarts, LC or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to SilenceKills.com or to products you purchase through SilenceKills.com shall be submitted to confidential arbitration in Provo, Utah, except that, to the extent you have in any manner violated or threatened to violate VitalSmarts, LC's intellectual property rights, VitalSmarts, LC may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 
Use of this website signifies your agreement to the Terms of Use. See our Privacy Policy. © 2006 VitalSmarts, LC, All Rights Reserved