Terms of Service
Agreement is a Legally Binding Contract between You and SilkStart Technology Inc.
BY USING ANY SILKSTART TECHNOLOGY INC. SITES, YOU AGREE TO THIS AGREEMENT AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO. IF YOU ARE USING THIS SITE ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THIS AGREEMENT IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND SILKSTART TECHNOLOGY INC., AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THIS AGREEMENT.
If you (or your employer) do not agree to all terms set forth in this Agreement, you must immediately leave and not return to this Site. Otherwise, by accessing and using this Site, you are agreeing to be bound by this Agreement.
If you access our Site on behalf of your employer, your employer is included within the term “you”/”your” as used throughout this Agreement.
In this Agreement, we refer to our customers’ members and contacts and such as “Members,” and to people who use your areas of the Site without registering as “Visitors.” Members and Visitors shall be referred to together as the “Audience.”
Changes to Agreement and Site
The effective date of this Agreement is set forth at the top of this webpage. As we add new features or laws change, we may modify this Agreement at any time by updating the Agreement and posting it on our Site. Any amended Agreement will supersede all previous versions of such Agreement, but changes will not apply retroactively.
If you are a SilkStart Technology Inc. customer, in addition to posting the updated Agreement on our Site, we may notify you of changes to this Agreement at the email address you maintain in your account.
You are bound by our changes to the Agreement. Therefore, you should visit this page periodically to review this Agreement. Your continued use of our Site after any modified Agreement is posted constitutes your acceptance of the amended Agreement.
We may make changes to our Site or discontinue our Site at any time.
Your Affirmations concerning Use of This Site
It is your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws in using the Site. You are not permitted to use the Site for any illegal purpose.
If you choose to remain on this Site or later return to this Site, you affirm that: (1) Your use of this Site does not violate any applicable laws or regulations; (2) All account registration information you submit is truthful and accurate; (3) You will update your account registration information, as necessary, in order to maintain complete, accurate, and current information; (4) You are at or over the age at which you are legally permitted by your country of residence to provide consent to personal data processing activities; (5) You will not use this Site for any unauthorized purposes or in any manner that could damage, disable, overburden, or impair SilkStart Technology Inc.’s servers or networks or interfere with any other party’s use and enjoyment of our Site; (6) You will be bound by all terms set forth in this Agreement, including all appendices to this Agreement and all usage guidelines; (7) You will not collect or store any personal data about any Member, Visitor, or any other user unless you are legally entitled to do so; (8) If you are a SilkStart Technology Inc. customer, you are solely responsible for all account activity, including all content posted in your account, as well as for the security of your account; (9) SilkStart Technology Inc. may contact you using the email address set forth in your account; (10) You will be held responsible for all use of your account, including any use by others in the event you ever permit others access to your account; and (11) You will notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security of which you become aware involving our Sites.
Consequences for Unauthorized Use or Misuse of SilkStart Technology Inc. Sites
You agree that your right to use SilkStart Technology Inc. Sites will cease immediately upon your violation of any of your agreements set forth in this Agreement or upon any unauthorized use or misuse of a SilkStart Technology Inc. Site, and that SilkStart Technology Inc. has total discretion to terminate your account and/or your access to its Sites without further notice if you violate any of your agreements or any of the prohibition set forth in this Agreement or any such agreement or prohibition in other applicable agreements.
Unauthorized use and misuse of SilkStart Technology Inc. Sites are strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and criminal prosecution. SilkStart Technology Inc. reserves the right to report any breach of this Agreement or unauthorized use or misuse of the SilkStart Technology Inc. Site to law enforcement authorities.
SilkStart Technology Inc. Content
SilkStart Technology Inc. Sites, including any information, graphics, images, artwork, text, video clip, data compilations, software, audio clip, trademark, service marks, log, trade names and other content provided on, in or through the SilkStart Technology Inc. Sites (collectively, “SilkStart Technology Inc. Content”) are owned by SilkStart Technology Inc. and protected under applicable laws. Content provided by SilkStart Technology Inc. customers on their sites is owned by such customers and similarly protected by applicable laws. Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of SilkStart Technology Inc. Sites may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Unauthorized use of SilkStart Technology Inc. Content may violate copyright, trademark, and other laws.
You agree that unless SilkStart Technology Inc. provides you with prior written authorization to do so, you will not:
- incorporate any SilkStart Technology Inc. Content into any other work or use SilkStart Technology Inc. Content in any public or commercial manner; or
change any notice about copyright, trademarks or other intellectual property rights that may be part of the SilkStart Technology Inc. Content.
Trademarks, logos and service marks (the “Marks”) displayed in or through SilkStart Technology Inc. Sites are owned by SilkStart Technology Inc. or third parties. You are prohibited from using the Marks without the prior written permission of SilkStart Technology Inc. or such third party. If you would like information on how to obtain SilkStart Technology Inc.’s permission to use SilkStart Technology Inc. Content, contact us.
Third Party Sites and Services
SilkStart Technology Inc. may include or otherwise utilize third-party plug-ins, links and applications (“apps”) on its Sites. Your SilkStart Technology Inc. site can be accessed from a browser on a desktop or mobile device, or from apps created by SilkStart Technology Inc. or third-party application developers. Such third-party plugins, links, and apps are not under the control of SilkStart Technology Inc., and SilkStart Technology Inc. is not responsible for such third-party plugins, links or apps, or for any information or materials on or any transmission received from any linked services. The inclusion of a third-party plug-in or link does not imply endorsement by SilkStart Technology Inc. of the third party or any association of SilkStart Technology Inc. with the third-party operators. We do not endorse any third-party product or service, and we are not responsible for the content or reliability of any third-party product or service. SilkStart Technology Inc. provides such plug-ins and links for your convenience only. You access such plug-ins and links at your own risk.
Some of our Site content may be provided by third parties. SilkStart Technology Inc. is not responsible for any such third-party content.
Privacy and Security
Validity of Contract, Disclaimer of Warranties, and Limitations of Liability
SilkStart Technology Inc. warrants that SilkStart Technology Inc. has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement by your signing of a Membership Form and have the legal power to do so.
SILKSTART TECHNOLOGY INC. SITES AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of content on our Sites or results to be achieved from using our Sites. Your use of the Site, including all content on our Site, is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, SILKSTART TECHNOLOGY INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, FREEDOMS FROM DEFECTS, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
SILKSTART TECHNOLOGY INC. DOES NOT WARRANT THAT: (1) ALL OF OUR SITES WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF OUR SITES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; OR (3) ANY ERRORS WILL BE CORRECTED. IF YOUR USE OF SILKSTART TECHNOLOGY INC.’S SITES/SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, OR LOSS OF PROFITS OR DATA, SILKSTART TECHNOLOGY INC. WILL NOT BE RESPONSIBLE FOR THOSE COSTS. ANY ORAL OR WRITTEN ADVICE PROVIDED BY SILKSTART TECHNOLOGY INC. OR ITS AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE A WARRANTY. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, WHICH MEANS THAT SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with our Sites, including the content of our Sites, your sole remedy is to discontinue use of our Sites.
YOU AGREE THAT IN NO EVENT WILL SILKSTART TECHNOLOGY INC. OR ANY OF ITS SERVICE PROVIDERS OR ANY THIRD PARTIES REFERENCED ON ANY OF THE SILKSTART TECHNOLOGY INC. SITES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER TYPE OF DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE SILKSTART TECHNOLOGY INC. SITES AND THEIR CONTENT, WHETHER BASED IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), OR ANY OTHER LEGAL THEORY EVEN IF SILKSTART TECHNOLOGY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF SILKSTART TECHNOLOGY INC. SITES. THIS DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, SILKSTART TECHNOLOGY INC.’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $1,000.
You acknowledge and agree that the above-asserted limitations of liability, together with the other provisions in this Agreement that limit liability, are essential terms and that SilkStart Technology Inc. would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above-asserted limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree, at your own expense, to defend, indemnify, and hold harmless SilkStart Technology Inc. and its clients, co-branders, partners, and third-party service providers, as well as all of our and their subsidiaries, affiliates, related entities, directors, officers, shareholders, employees and agents from and against all losses, liabilities, claims, actions or demands, including without limitation, any money damages, expenses, costs of defense, including reasonable attorneys’ and accounting fees, brought against SilkStart Technology Inc. by any third party arising from your use of a SilkStart Technology Inc. Site or your violation of any of the terms set forth in this Agreement, the rights of a third party, or applicable law. This indemnification provision does not apply to the extent prohibited by applicable law. SilkStart Technology Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of SilkStart Technology Inc. may be made without SilkStart Technology Inc.’s prior written approval.
Except for any disputes relating to intellectual property rights or obligations, or any infringement claims, all of which shall be governed by Canadian federal law, any dispute between you and SilkStart Technology Inc. and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and the interpretation or the breach, termination or validity thereof, shall be governed by and construed and enforced in accordance with the laws of British Columbia, Canada and resolved in a court of competent subject matter jurisdiction in Victoria, British Columbia, Canada, regardless of your country of origin or where you access the Sites, and notwithstanding any conflicts of law principles. SilkStart Technology Inc. will provide notice of any such lawsuit by email to the email address you provided when you created your account or by email to an email address you have otherwise provided to SilkStart Technology Inc.; and you must provide notice of any such suit to SilkStart Technology Inc. by email at Support@SilkStart.com.
You and SilkStart Technology Inc. agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
Regardless of any statute or law to the contrary, notice on any claim arising from or related to this Agreement must be made within one (1) year after such claim arose or be forever barred.
Your Rights and Obligations are Not Transferable
This Agreement and your rights and obligations under it are not transferable by you to any other person. We may transfer our rights and obligations to the acquirer upon any sale of all or a part of our business.
Your affirmative act of using and/or registering for SilkStart Technology Inc. Sites constitutes your consent to enter into agreements with us electronically.
Geographic Restrictions/Export Controls
You acknowledge that for legal or operational reasons you may not be able to access SilkStart Technology Inc. Sites or Site content in your jurisdiction. You are responsible for compliance with all local laws, including local laws regarding the import, export, or re-export of Site content.
SilkStart Technology Inc. Sites may be subject to export control laws in certain countries. You agree you will comply with such laws and regulations, and you will not, directly or indirectly, export, re-export or release SilkStart Technology Inc. Sites to, or make SilkStart Technology Inc. Sites accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You further agree you will comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making SilkStart Technology Inc. Sites available. Additionally, by downloading any content from SilkStart Technology Inc. Sites, you are agreeing that you are not in a country to which such export is prohibited.
Fees and Refunds
Fees charged for using the Site are payable in the amounts and in the manner described on the Member Subscription Form. Fees are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Site. If you are a paying customer and we change the fees, we will also notify you at the email address you provide in your registration information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You shall be responsible for payment of all taxes, levies, or duties imposed by taxing authorities for any payment or fees you may collect through the Site. All currency references on the Site are to U.S. dollars. No refunds are provided for Fees paid or payable.
At its sole discretion, SilkStart Technology Inc. may modify or discontinue SilkStart Technology Inc. Sites, or may modify, suspend, or terminate your account and your and your Members’ and the public’s access to your SilkStart Technology Inc. Sites, with or without notice to you, at any time for any reason, without liability to SilkStart Technology Inc. or to any third party. For example, your Account may be cancelled and your access to SilkStart Technology Inc. Sites denied, with or without notice, if you breach or facilitate or permit any breach or violation of this Agreement or if your account is in arrears. As another example, SilkStart Technology Inc. may terminate your Account and your ability to use SilkStart Technology Inc. Sites, with or without notice, if SilkStart Technology Inc. has reason to believe that you have provided untrue, incomplete or inaccurate information, or have otherwise failed to comply with this Agreement or any applicable Additional Terms. You agree to return or destroy any copies of any Site content you have made if we ask you to do so.
If we terminate your account for cause under this Agreement, you shall not be entitled to any refund for any remaining period under your account. Termination will not limit any of SilkStart Technology Inc.’s other rights or remedies. This Agreement will expressly survive, and will still be in effect, despite any such modification, discontinuation, suspension, and/or termination.
We also may remove any content you post on the Site, or that your Audience posts on the Site in relation to your account, for cause under this Agreement, or for any other reason and at any time.
Claims of Copyright Infringement
SilkStart Technology Inc. respects intellectual property rights of others and complies with the provisions of the Copyright Modernization Act of Canada.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through SilkStart Technology Inc. Sites, send your claim or notice of infringement to SilkStart Technology Inc.
Your notification must include the following information:
- a. state the claimant’s name and address;
- b. identify the copyright material that is alleged to have been infringed and the claimant’s interest or right with respect to that material;
- c. specify the location data (e.g. the web address or Internet address associated with the alleged infringement);
- d. specify the infringement that is alleged; and
- e. specify the date and time of the alleged infringement.
INFORMATION FOR CALIFORNIA RESIDENTS
- a. Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information:
- b. SilkStart Technology Inc. Sites are owned by SilkStart Technology Inc., Inc., 838 Fort Street, Suite 220, Victoria, British Columbia, V8W 1H8, Canada. SilkStart Technology Inc.’s contact phone number is (888) 630-9469.
- c. Fees charged for the use of SilkStart Technology Inc. Sites are payable in the amounts and in the manner described in our Membership Subscription Form, as set forth in the Fees and Refunds section of the Agreement;
- d. To file a complaint regarding SilkStart Technology Inc. Sites or to receive further information regarding use of SilkStart Technology Inc. Sites, please send a letter to SilkStart Technology Inc., Inc., Attn: Privacy Support, (with “California Resident Request” as the Subject Line). You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at 916.445.1254 or 800.952.5210.
- a. If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
- b. If SilkStart Technology Inc. fails or you fail to perform any obligation under this Agreement, and the other party does not enforce such obligation, failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
- c. Nothing contained in this Agreement will be deemed to constitute SilkStart Technology Inc. or you as the agent or representative of the other or as joint venturers or partners.
- d. Headings and captions are for convenience only, and shall not be binding on either party.
The parties consent that the Agreement and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language. Les parties reconnaissent avoir convenue que la presente convention ainsi que tous documents, avis et procedures judiciaires qui pourront etre executes, donnes ou intentees a la suite des presentes ou ayant un rapport, direct ou indirect, avec la presente convention soient redigee en anglais.
Any versions of this Agreement in any other language will be for accommodation only and will not be binding upon either party.
If you have questions about this Agreement, you can contact us.