Terms and Conditions of Use

By accessing SilverX web site (the "Site") located at www.silverx.net you agree to be bound by and comply with the following terms and conditions of use (the "Term of Use"). If you do not agree and accept the terms, you have no right to use this web site.

SilverX reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

1. Use of the Site

SilverX grants you and you accept a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site in accordance with this Terms of Use. The use of the Site and all program software, text, artwork, graphs, charts, audio, animation, reports, computer code, services and etc. (collectively, the "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is destined to your personal, non-commercial using. The Content published on this Site may be reproduced, distributed or incorporated into any information retrieval system, electronic or mechanical in unmodified form for personal non-commercial use only. The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.

2. Intellectual Property

The Site Content is protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Copyright, trademark and all other proprietary rights in the Content rests with SilverX or its licensors. Any rights not expressly granted herein are reserved. The copying, distribution, use or publication by you of any Content or any part of the Site in any form without the prior written permission of SilverX is strictly prohibited except as expressly authorized by Section 1. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Any unapproved using of the Content will entail violation of copyright and trademark and other statutes.

3. Trademarks

SilverX and silverx.net are the trademarks or registered trademarks of SilverX in the United States and/or other countries. SilverX products referenced herein are either registered trademarks or trademarks of SilverX.

4. Third Party Trademarks

Microsoft, Silverlight, and the Office logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries. Flash is a registered trademark of Adobe Systems, Inc. in the United States and/or other countries. All other trademarks and registered trademarks, trade names, company and product names and logos contained in this Site are properties of their respective owners. The example companies, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

5. Feedback

You may from time to time provide suggestions, comments or other feedback to SilverX with respect to any Content, product or information provided by SilverX (the "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for SilverX. SilverX shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to the privacy policy.

6. Privacy Policy

By accessing the Site you agree that you have read, understand and agree to the SilverX Privacy Policy, which is a part of this Agreement. SilverX may change the Privacy Policy at any time without notice.

7. Modification

SilverX reserves the right in SilverX's sole discretion to do any of the following, at any time, without notice:

a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;

b) to modify or change the Site, or any portion of the Site, and any applicable policies or terms;

c) to modify, change or delete any Content, or any portion of the Content appearing on the Site;

d) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

8. Unlawful or Prohibited Use

You may not use this Site for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of this Site. You may not use this Site in any manner that could damage, disable, overburden, or impair this Site, or that interferes with any third party's use and enjoyment of this Site. You agree that you will not modify or cause to be modified any files that are available on the Site. Any attempt by you to damage or undermine the legitimate operation of the Site is a violation of criminal and civil laws and, should such an attempt be made or assistance for such an attack be provided, SilverX reserves the right to seek damages from any such user to the fullest extent permitted by law. You agree that SilverX may, in its sole discretion and without prior notice, terminate your access to the Site if SilverX determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SilverX, for which monetary damages would be inadequate, and you consent to SilverX obtaining any injunctive or equitable relief that SilverX deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SilverX may have at law or in equity.

9. Indemnification

You agree to indemnify, defend and hold SilverX, its staff, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates (collectively, "Affiliated Parties"), harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against SilverX by any third party due to or arising out of or in connection with your use of the Site.

10. Disclaimers

SilverX does not promise that the Site or any Content will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The Site and its Content are delivered on an "as-is" and "as-available" basis. SilverX cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. SilverX disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. SilverX disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of or inability to use the Site and/or any SilverX services. You assume total responsibility for your use of the Site and any linked sites. Your sole remedy against SilverX for dissatisfaction with the Site or any Content is to stop using the Site or any such Content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

11. Links to the third party sites

This Site may include links to other independent third-party Web sites (the "Linked Sites") that are owned and operated by third parties. These Linked Sites are provided solely as a convenience to the Site visitors. Such Linked Sites are not under SilverX's control, and SilverX is not responsible for, does not endorse and does not assume any responsibility for the content of such Linked Sites, including any information or materials published on the Linked Sites. You agree that use of such Linked Sites is at your sole risk and is without warranties of any kind by SilverX, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. All rules, policies (including privacy policies) and operating procedures of Linked Sites will apply to you while on such sites.

12. Applicable Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between SilverX and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Copyright © 2010, SilverX and its licensors. All rights reserved.