Terms of Service

TERMS OF USE

Effective Date: May 31, 2013.

Welcome to SilverTrading.net. This site (the “Site”) is operated by Silver Trading Company, LLC (“Company”). Company provides this Site to you subject to the following terms and conditions (the “terms and conditions” or the “Agreement”).

By using, visiting or uploading content to SilverTrading.net, you accept and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use this Site or its services. Company may modify these terms and conditions at any time. Any modifications will be effective immediately on posting on this Site. Your continued use of this Site after amendments are posted constitutes an acknowledgement and acceptance of the modified terms and conditions. We encourage you to review these terms and conditions whenever you visit this Site.

Disclaimer of Warranties

This Site and the services and products offered on this Site are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise, the information provided on this Site, or the services and products offered on this Site. Company shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Site. Company disclaims all express or implied warranties with regard to this Site, the information provided on this Site and the services and products offered on this Site, including the implied warranties of merchantability and fitness for a particular purpose and warranties of non-infringement. This includes loss of data or profit arising out of the use or the inability to use the content of this Site. Company does not warrant that any content or information accessed through this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available is free of viruses or other harmful components. This disclaimer in no way affects the terms of applicable product manufacturers’ warranties, if any, for particular products offered for sale on this Site.

Limitations of Liability

In no event shall Company or any of Company’s licensors, officers, directors, members, affiliates, parents, subsidiaries, employees, agents, representatives, sponsors, vendors, suppliers or service providers be liable for any direct, indirect, special, consequential, incidental, exemplary or punitive damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Site or the information, products or services offered on it, or the inability to use this Site, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Company or Company’s representatives have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Company’s liability is limited to the greatest extent permitted by law.

Not Financial, Legal, Tax or Professional Advice

This Site does not provide financial, legal, tax or professional advice. The content on this Site is provided for informational purposes only and should not be construed as advice. The content is not intended to, and does not, constitute financial, legal, tax, or professional advice, and may not be used for such purposes. Nothing on this site, nor any communications herein, nor any side communications between registered users may be construed as financial, legal, tax or professional advice, nor may anyone form an attorney-client, financial, or other fiduciary relationship with anyone by virtue of their use of this site. Company and registered users make no representation regarding the accuracy or validity of anything submitted to this site, in communications between Company and registered users, or in side communications between registered users. The information curated on this site is for informational purposes only. Any use of information on this site or in side communications with registered users is at the user’s own risk and responsibility.

Warranty and Indemnification

You warrant and represent that all content, including, without limitation, text, musical compositions, sound recordings, videos and photographs, added to this Site by or at the behest of you or your agents or representatives (“User Content”), is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content. You agree to indemnify and hold Company and Company’s licensors, officers, directors, members, affiliates, parents, subsidiaries, employees, agents, representatives, sponsors, vendors, suppliers, and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of this Site, the violation of these terms and conditions, or infringement by you, or other user of this Site using your computer, of any intellectual property or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at Company’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Company’s written consent.

User Content Your Responsibility

Company (A) may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Site (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. Company does not guarantee any confidentiality with respect to User Content even if it is not published on the Site. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and Company does not accept any responsibility for the same. (B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. (C) You will not submit any User Content that: (i) violates or infringes in any way upon the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, Social Security numbers, account numbers, addresses, or employer references; (vi) contains a formula, instruction, or advice that could cause harm or injury; or (vii) is a chain letter of any kind. Moreover, any conduct by a user that in Company’s sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. (D) By submitting User Content to Company, simultaneously with such posting, you automatically grant, or warrant that the owner has expressly granted to Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as Company, in its sole discretion, deems appropriate including, without limitation, (1) in connection with Company’s business; and (2) in connection with the businesses of Company’s successors, parents, subsidiaries, and their related companies. Company may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Site and these Terms of Use. (E) By submitting User Content, you also grant Company the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content. (F) Company reserves the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of Company’s distribution partners and third-party service providers (including their downstream users). (G) Company has the right, but not the obligation, to monitor User Content. Company has the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with all such laws.  You may not use this Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You shall not post or transmit through this Site any material that violates or infringes in any way on the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. You are prohibited from using this Site to facilitate mail abuse or unsolicited email of any type (spam). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You agree to promptly notify Company with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site. Company reserves the right to refuse service to you for violation of this paragraph.

In addition, there may be instances when Company may disclose information relating to you, including under the following circumstances: (A) to protect or defend the legal rights or property of Company; (B) to protect the safety and security of users of this Site or members of the public including acting in urgent circumstances; (C) to protect against fraud or for risk management purposes; or (D) to comply with applicable law or legal process.

Restrictions on Use by Minors

This Site is not intended or designed to attract children under the age of 13. Company does not collect personally identifiable information from any person Company actually knows is a child under the age of 13.

Denial of Access

Company, for any reason and at Company’s sole discretion, may decide that any person shall be denied access to any part of this Site. The sending of an e-mail notice by Company to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these terms and conditions, you agree to cease and desist immediately from any attempt to access this Site on issuance of a denial. These actions are in addition to and not in lieu or limitation of any other right or remedy Company may have available at law. Further, Company shall not be liable to you or any third party for any denial of access.

Modifications and Interruption to Service

Company will in good faith endeavor to provide uninterrupted service to this Site, but you acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to this Site, and operation of this Site may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.

Intellectual Property

This Site and all content on this Site, including, without limitation, text, graphics, logos, button icons, page headers, scripts, images, audio clips, video clips, product and service names and software, is the property of Company or its vendors or content suppliers and is protected by United States and international copyright, trademark, and other applicable intellectual-property laws. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion or controversy among customers, or in any manner that defames, disparages or discredits Company. All other trademarks not owned by Company 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 Company.

Submission of and Responses to Copyright/Intellectual Property Claims

For information on how to submit copyright or intellectual-property infringement claims or how to respond to such claims made against you, please see Company’s Copyright/Intellectual Property Notice.

License and Site Access

Company grants you a non-exclusive, revocable, non-transferable, limited license to access and make personal use of this Site subject to the terms and conditions in this section. You may not download (other than page caching) or modify this Site, or any portion of it, except with express written consent of Company. This license does not include the right of 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 Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company without express written consent of Company. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates this limited license granted by Company. Company grants to you a limited, revocable, non-transferable and non-exclusive right to create a hyperlink to the home page of this Site so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without the express written permission of Company.

No right, title or interest in any content used pursuant to this license is transferred to you as a result of any such use. Company reserves all right, title and interest in and to any content used by you pursuant to this license.

Linking to this Site

Unless specifically authorized by Company, you may not connect “deep links” to this Site; that is, you may not create links to this Site that bypass the home page or other parts of this Site. You may not mirror or frame the home page or any other pages of this Site on any other website or web page.

Advertisements, Searches and Links to Third-Party Sites

This Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Company also may select certain sites as priority responses to search terms you enter, and Company may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. You acknowledge that Company is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Company is not responsible therein. If a third party links to this Site, such link is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with Company or this Site. Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk.

Governing Jurisdiction of the Courts of Louisiana

The Site is operated and provided in the State of Louisiana. As such, Company is subject to the laws of the State of Louisiana. Any legal issues arising from or related to your use of this Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Louisiana applicable to contracts entered into and wholly to be performed within Louisiana. The state and federal courts of Caddo Parish, Louisiana, shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or the use of or visit to this Site. By using this Site, and thereby agreeing to this Agreement, you consent to personal jurisdiction and venue in the state and federal courts in Caddo Parish, Louisiana, with respect to all such disputes. Company makes no representation that this Site is appropriate, legal or available for use in other locations. Accordingly, if you choose to use this Site, you agree to do so subject to the internal laws of the State of Louisiana.

Miscellaneous

If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These terms and conditions and all incorporated agreements between Company and you may be automatically assigned by Company, in Company’s sole discretion, to a third party in the event of a merger, acquisition or liquidation. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between Company and you in relation to this Site. Company’s failure to insist on or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Company’s Copyright/Intellectual Property Notice is a binding part of this Agreement, and together with these terms and conditions constitutes the entire agreement between Company and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site or that is the subject of this Agreement must be commenced within one (1) year after the claim or cause of action arises.

Contact information

If you have any questions about this Agreement, please contact Company at Silver Trading Company, LLC, 1651 East 70th, Suite 395; Postal Mail Box #395, Shreveport, LA 71105 USA.