Terms of Use

Last updated: April 6, 2006
IMPORTANT: PLEASE READ CAREFULLY BEFORE PROCEEDING.
If you have comments or questions about this web site, please send an email to service@SilverLifeLabs.com.

Acceptance of Terms:
Silver Life Labs ("Company") thanks you for visiting its Silver Life Labs ("this website"), which contains information, products ("Products") and services ("Services") relating to the Terrasil Products, subject to the terms and conditions set forth below (these "Terms of Use"). By accessing or using this website you agree to be bound by these Terms of Use. Company reserves the right to change these Terms of Use from time to time at its sole discretion. Your use of this Terrasil Website will be subject to the most current version of these Terms of Use posted on this website at the time of such use. In addition, the purchase of Products and Services through this website may be subject to further terms and conditions in addition to these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE this website AND MUST EXIT AT ONCE. IF YOU BREACH THESE TERMS OF USE, YOUR AUTHORIZATION TO USE this website WILL AUTOMATICALLY TERMINATE.

General:
All information contained on this website, including information relating to skin conditions, products and treatments, is for informational purposes only. This information is not meant to be a substitute for the advice provided by your own physician or other medical professionals, or any information contained on or in any product packaging or labels.

You represent and warrant that you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract.

YOU SHOULD NOT USE THE INFORMATION CONTAINED ON this website FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON this website. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT DISCUSSED WITHIN THIS, OR ANY OTHER, WEBSITE.

PLEASE BE ADVISED THAT Terrasil IS CONSIDERED A COSMETIC PRODUCT AND THEREFORE HAS NOT BEEN EVALUATED BY THE US FOOD AND DRUG ADMINISTRATION.

Limited to the United States:
The information on this Terrasil Web site pertaining to Company' products is intended for use only by customers, patients, and health care professionals in the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because of these various laws, regulations, and medical practices, information designed to be used in one country may not be appropriate for use outside that country. Therefore, product information on this Web site may not be appropriate for residents of countries other than the United States.

Trademarks:
Terrasil® and other marks, logos, trade dress and the like indicated on or used on this website are owned by or licensed to Company. Company' trademarks and trade dress may not be used in connection with any product or service that is not Company', in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. You may not use any Company logo or other proprietary graphic or trademark contained on this website without the express written permission of Company.

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Site Content:
You acknowledge and agree that this website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that is protected by copyright, trademark, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Content and its selection, arrangement, and coordination is protected as a copyrightable work under U.S. copyright laws. Except as expressly permitted in these Terms of Use, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

License and Access to Terrasil Website:
Company grants you a limited license to access and make personal use of this website. You may not download (other than for page caching) or modify this website, or any portion of it, except with the express written consent of Company. This limited license specifically excludes the following: (a) any resale or commercial use of this website or its Content; (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of this website or the Content; (d) any downloading or copying of account information for the benefit of another merchant; or (e) any use of data mining, robots, or similar data gathering and extraction tools. this website, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of Company and our affiliates without the express written consent of Company. You may not use any meta tags or any other "hidden text" utilizing Company' name or trademarks without the express written consent of Company. Any unauthorized use of this website will result in immediate termination of this limited license granted by Company. You are granted a limited, revocable, temporary, and nonexclusive right to create a hyperlink to the home page of this website so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.

If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational, and non-commercial use, and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

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Products Descriptions:
Company attempts to maintain the descriptions for all Products, skin conditions and Services as current and accurate as possible. Company does not warrant, however, that such descriptions or other content of this website are or will be accurate, complete, current, reliable, or error-free.

Privacy Policy:
To the extent consistent with these Terms of Use, the terms and conditions of Company' privacy policy are incorporated herein by reference and can be viewed by clicking here.

User Comments:
You may submit product Success Stories, comments, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

Unless otherwise provided by Company, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, sell, create derivative works from, and display throughout the world in any media any such content submitted by you for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. You further grant Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company or its affiliates for all claims resulting from content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Links to Third Party Websites:
this website may contain links to other websites, directories, or services ("Linked Services"). These features are provided by Company only as a convenience. The Linked Services are not reviewed, controlled or examined by Company in any way and you acknowledge and agree that Company has no control over and is not responsible or liable for (i) the availability or accuracy of the Linked Services; (ii) the content, advertising, or products on or available from the Linked Services; or (iii) any damage arising from or occasioned by the creation or use of the Linked Services or the information or material accessed through the Linked Services. The inclusion of any link on this website does not imply and should not be inferred as an endorsement of the Linked Services. You acknowledge that your use of the links and the Linked Services shall be at your own risk.

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Warranties and Disclaimers:
THIS WEBSITE IS PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Company MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF this website OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR AVAILABLE ON OR THROUGH this website. YOU EXPRESSLY AGREE THAT YOUR USE OF this website IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, COMPANY MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH this website, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SUCH PRODUCT OR SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH this website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Company OR THROUGH this website SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPANY MAKES NO WARRANTY THAT this website WILL MEET YOUR REQUIREMENTS, THAT this website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT this website IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability:
COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE this website OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations:
YOUR RIGHTS MAY VARY DEPENDING UPON THE JURISDICTION IN WHICH YOU LIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE EXCLUSIONS IN THE ABOVE SECTIONS MAY NOT APPLY TO YOU. TO THE EXTENT Company MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.

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Indemnification:
You agree to indemnify and hold Company and its parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors and successors in interest harmless from any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your unauthorized use of this website, or your breach of these Terms of Use.

Entire Agreement/Amendments:
These Terms of Use constitutes the complete agreement between you and Company concerning your use of this website and the subject matter set forth herein, and supersedes all prior or contemporaneous negotiations, agreements or representations between you and Company in respect thereof. These Terms of Use may be amended, modified or supplemented by Company at any time by posting such changes to this website, and such changes shall be effective from the time of such posting. No other act, document, usage or custom shall be deemed to amend, modify or supplement these Terms of Use.

Governing Law and Jurisdiction:
By using this website you agree that these Terms of Use and your use of this website shall be governed by and construed in accordance with the laws of the State of Massachusetts applicable to contracts entered into and wholly performed therein, without regard or reference to that body of law pertaining to conflicts of laws. Any suits or controversies between you and Company arising hereunder shall be adjudicated before a court of competent jurisdiction located in or near Boston, Massachusetts.

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Severability:
If the application of any provision hereof or any portion thereof to either you or Company, shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, then (i) such provision shall be reformed without further action by either you or Company to the extent strictly necessary to render such provision valid and enforceable when applied to you, Company, or the particular facts or circumstances; and (ii) the validity and enforceability of such provision as applied to the other party or the particular facts or circumstances, and the validity and enforceability of all of the other provisions hereof, shall remain in full force and effect.

Waiver:
Neither you nor Company shall be deemed by any act, delay, or omission to have waived any of your/its respective rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and only to the extent specifically set forth in said writing. A waiver, failure or delay in exercising any right, power or privilege, or any single or partial exercise of any right, power or privilege, will not act to preclude any subsequent or further exercise of that or any other right, power or privilege.

Notices:
Any notice required or permitted to be given to Company under these Terms of Use shall be given as follows: By electronic mail to service@SilverLifeLabs.com. Company may give notice by means of a general notice via this website, electronic e-mail to your e-mail address on record in Company' account information, if any, or by written communication sent by first class mail to your address on record in Company' account information, if any. A change of address by you shall only be effective if given in accordance with the provisions of this Section.

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