These terms and conditions govern your use of Halfsilk.com (“Halfsilk”). By using this web site (collectively called the “Service”), you consent and agree to these terms and conditions as posted by Halfsilk parent company Equal Sons, LLC. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING The Service. BY ACCESSING OR USING The Service, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE The Service. Halfsilk MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON The Service. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF The Service SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Equal Sons makes no representations or warranties as to the accuracy of the Content. Equal Sons is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party’s obligation to notify Equal Sons of the error or omission; however, Equal Sons does not warrant that such error or omission will be corrected.
Halfsilk and the blogs, articles, comments, answers, questions and other features therein are for informational purposes only and provided “as is” without warranties, representations, or guarantees of any kind. Content on Halfsilk should never be used as a substitute for advice from a qualified professional. Halfsilk shall not be liable for the accuracy, usefulness or availability of any Halfsilk content, and you agree to hold Equal Sons harmless from any loss, harm, injury or damage resulting from or arising out of your use of or reliance on any Halfsilk content.
Equal Sons and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
All transactions made based on information from the Service are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Service, you acknowledge and agree that Equal Sons has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Service.
You agree to indemnify, defend, and hold harmless Equal Sons and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys’ fees, and costs incurred in connection with any claim arising our of your use of the Service or any breach by you of these Terms and Conditions. Equal Sons reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of Equal Sons.
Equal Sons shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service. Equal Sons does not warrant that the Service will be uninterrupted, error free, or virus free; nor does Equal Sons make any warranty as to the results to be obtained from use of the Service or its Content. The Service and its Content are distributed on an “as is, as available” basis. Equal Sons MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of Equal Sons shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the content is assumed solely by you.
Copyright, Licenses and Idea Submissions.
The entire contents of the Service are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Halfsilk, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON The Service, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Halfsilk a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Service (such as bulletin boards, forums and newsgroups) or by e-mail to Halfsilk by all means and in any media now known or hereafter developed. You also grant to Halfsilk the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Halfsilk for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Halfsilk.
Publications, products, content or services referenced herein or on the Service are the exclusive trademarks or servicemarks of Halfsilk. Other product and company names mentioned in the Service may be the trademarks of their respective owners.
Limitation of Liability
IN NO EVENT WILL HALFSILK BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF HALFSILK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Halfsilk LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Halfsilk makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Halfsilk web site, please understand that it is independent from Halfsilk, and that Halfsilk has no control over the content on that web site. In addition, a link to a Halfsilk web site does not mean that Halfsilk endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Halfsilk, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights
The provisions of sections Use of the Service, and Indemnification are for the benefit of Halfsilk and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of sections Copyright, Licenses and Idea Submissions, Use of the Service, Indemnification, Third Party Right and Miscellaneous shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Halfsilk and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Halfsilk’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Halfsilk may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.