Limitation of Liability
In no event shall Silva Care Ltd., its subsidiaries, affiliates, agents, employees, directors, officers, or its owner be liable for any direct, indirect, incidental, special, or consequential damages, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware, or software failures, lost or unavailable network connections, or failed, incomplete, garbled, or delayed transmissions arising from your use or inability to use the Site or any Franchise Site. This also includes the content, services, or hyperlinks made available on the Site or any Franchise Site, even if we have been advised of the possibility of such damages. You expressly acknowledge and agree that Silva Care Ltd. is not liable for any defamatory, offensive, pornographic, or illegal content posted to any Site or for the conduct of any Site user. If you are dissatisfied with the Site, any Site Link, or the content or services provided therein, or with these Terms, your sole and exclusive remedy is to discontinue using the Site and Site links. You further agree to indemnify, defend, and hold harmless Silva Care Ltd., its officers, directors, employees, agents, and owner from any and all injuries, damages, losses, liabilities, claims, judgments, and settlements, including all reasonable costs, expenses, and attorney’s fees arising from or related to any breach by you of these Terms or applicable law, your negligent or willful act or omission while using this Site or a Franchise Site, or your infringement of the intellectual property rights of Silva Care Ltd. or any third-party content provider of the Site or Franchise Site.
License to Submitted Content
By posting messages, uploading files, or providing any material for display on the Site(s), you grant Silva Care Ltd. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication. This license includes the right to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted. The license encompasses the exploitation of any property rights in such material, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction.
Linking Policy
Silva Care Ltd. has established agreements with certain third-party website owners, permitting us to place a hyperlink (a "Link") or a banner advertisement ("Banner Ad") containing a Link on such third party’s site ("Third Party Site"). This also allows the third party to place on our Site a Link or Banner Ad facilitating our respective users' connection to the home page of the Third Party Site. Silva Care Ltd. emphasizes its lack of affiliation with these third parties or the Third Party Sites. Clicking on a Link or Banner Ad containing a Link to a Third Party Site means you are leaving this Site, and Silva Care Ltd. bears no control over the content and materials on the Third Party Site. We disclaim responsibility for the content, accuracy, or opinions expressed on any Third Party Site. Inclusion of any Link or Banner Ad to a Third Party Site on our Site does not imply approval or endorsement of the Third Party Site. If you choose to access a Third Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, the Silva Care Ltd. Privacy Policy stated on this Site is no longer in effect. Silva Care Ltd. retains the right to revise this Linking Policy at any time, and you are bound by any such revisions.
Registration
To access certain features of the Site, registration with Silva Care Ltd. may be required. You agree to provide true, accurate, current, and complete information about yourself. You also agree to maintain and promptly update this information to ensure its accuracy. You confirm that you are older than 13 years old. You agree not to select a username already used by another person, use a username without authorization, or use a username or password deemed offensive or inappropriate at the discretion of Silva Care Ltd. While Silva Care Ltd. has no obligation to verify registration authenticity, it reserves the right to refuse account creation, suspend or terminate accounts, and deny future account use if authenticity verification is unsuccessful or there are reasonable grounds to suspect provided information is untrue, inaccurate, not current, or incomplete. You are solely responsible for maintaining the confidentiality of your registration information and passwords. Silva Care Ltd. may rely on any information received from any person using a password assigned to you without incurring liability. Our use of personally identifying information provided during the registration process is governed by the Privacy Policy.
Termination
Silva Care Ltd. retains the right to cancel, suspend, or terminate your right to use the Site or a Franchise Site or a portion thereof at any time without notice. In the event of suspension or termination, you are no longer authorized to access the part of the Site or Franchise Site affected. The restrictions imposed on you, material downloaded from the Site or Franchise Site, and the disclaimers and limitations of liabilities set forth in these Terms will survive your discontinued use of the Site or Franchise Site. The requirement for third-party vendors to comply with the restrictions in these Terms and the Privacy Policy on this Site or Franchise Site regarding data access through the Site or Franchise Site will also survive any discontinued use of the Site or Franchise Site.
Arbitration and Waiver of Certain Rights
In the event of a dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties shall make efforts to settle it within thirty (30) days. If resolution is not achieved within this period, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its commercial dispute resolution rules. This applies unless you are a government agency or political subdivision in a jurisdiction where binding arbitration is expressly prohibited by law.
Neither you nor Silva Care Ltd. may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only individual claims. The arbitrator may not consolidate or join the claims of other persons or parties similarly situated. If for any reason a claim proceeds in court rather than in arbitration, you and Silva Care Ltd. each waive any right to a jury trial. This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the AAA rules, and the right to certain remedies and forms of relief. Other rights that you or Silva Care Ltd. would have in court may also not be available in arbitration. If any provision of this section is found to be invalid or unenforceable, that specific provision shall be of no force and effect and shall be severed, but the remainder of this section will continue in full force and effect. This section will survive the termination of your use of the Site or Franchisee Site.
Limitations on Use
While accessing or using the Site or Franchise Site, you may not, without express prior written permission, tamper with non-public areas of the Site, Franchise Site, or the computer or delivery systems of Silva Care Ltd. and/or its service providers.