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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.
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