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Terms of Use Agreement

This document explains the terms and conditions regarding
your use of the website www.TheSilverFiles.com.

Please read this information carefully. By using this site, You agree to the terms of this agreement and to follow all applicable laws whether You are a Registered Member (‘Member’)or an unregistered customer (‘Customer’) browsing the site.

1. TheSilverFiles.com is a website owned and operated by Your Silver Pages, LLC, d/b/a The Silver Files (hereinafter referred to as “The Silver Files”) and provides online classifieds listings of services that address the needs of older adults and their caregivers.

2. Terms By using TheSilverFiles.com, you agree that: (i) you are over the age of 18, (ii) you submit registration information that is true and accurate if you become a Member, (iii) you register for only one account if you become a user, (iv) you do not attempt to use another’s account, and (v) your use of TheSilverFiles.com does not violate any local, state, or federal law or rights of any third party. If you decide to become a Member and post listings through your account to TheSilverFiles.com, you must read and agree to the terms of this agreement. The Silver Files reserves the right to edit the content of listings as is deemed appropriate in its sole discretion.

3. Account Security Members are required to choose a password. Members must agree to maintain the confidentiality of their password and to not use the account, username or password of another Member. Members must agree to immediately notify TheSilverFiles.com if they suspect any unauthorized use of their account or password.

4. Proprietary Rights Statement The Silver Files respects the intellectual property of others. No site content may be modified, copied, used, displayed, or distributed in any form without prior written consent of the copyright owner. All content on the site is property of The Silver Files and its Members. If you are a Member of The Silver Files and post listings, you unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks or content provided to The Silver Files for inclusion in your listing are owned by the Member or that the Member has the permission from the rightful owner to use these elements. , With the exception of trademarked and copyrighted materials, the Member also gives The Silver Files the right to use submitted photos, content, video files, audio files, and other content needed to complete a listing. The Member gives The Silver Files the right to use the Member’s registered marks in their listing and in any of our promotional items and materials, and agrees to indemnify The Silver Files and its subcontractors from any liability including but not limited to attorneys’ fees and court costs incurred by The Silver Files arising from the use of the elements provided by the Member.

5. Confidentiality and Privacy Statement The Silver Files is committed to the privacy of our Customer’s information. By using this website, you are also bound to the terms of our Privacy Policy.

6. General Disclaimer The Silver Files provides information about senior care providers who may pay to be listed and advertise on its directory. The Silver Files collects information from these providers and makes every attempt to verify and update the information received, but does not make promises on the accuracy and reliability of the information collected. The Silver Files is not a senior care referral, recommendation or endorsement service. The information on The Silver Files does not constitute medical or healthcare services or advice. Any information given through The Silver Files is not intended to replace advice and consultation with a medical or healthcare provider. It is your responsibility to evaluate whether a service can provide appropriately for your needs and whether information about services that is given on our site is useful and accurate.

7. Products and Services Disclaimer The products and services provided through The Silver Files are provided “AS-IS” with no express or implied warranties of merchantability, suitability or completeness. Your use of products and services is at your own risk. The Silver Files, its agents, partners or affiliates are not liable for any damages arising in any way out of the use of The Silver Files products or services. The Silver Files is not liable for any products or services advertised or sold buy a third party on its site, unless specifically stated.

8. Third Part Websites Disclaimer The Silver Files may include links that direct you to third party websites as well as content that belongs to and is provided by third parties. The Silver Files is not responsible for the content, accuracy or appropriateness of a third party website.

9. User Disputes You are solely responsible for interactions with other Customers and Members. The Silver Files reserves the right, but has no obligation, to monitor disputes between you and others.

10. Termination of Listings If you become a member of The Silver Files, please note that you must agree to immediately notify The Silver Files if you lose your license, if any, in order to suspend your listing. The Silver Files reserves the right to terminate your listing for any reason, at any time, with or without notice.


11. Limitation of Liability  The Silver Files is not responsible for any third-party, computer, phone or internet malfunction or delay. In no event will The Silver Files be liable for any accidental loss of profits or lost data arising from your use of our services. You agree that the maximum amount of liability will be no greater than the total amount paid, if any, to The Silver Files. You also assume all responsibility for compliance with applicable local, state and federal laws involving the misuse or mishandling of consumer information obtained through The Silver Files.

12. Arbitration and Indemnity This agreement between You and The Silver Files shall be governed by Texas State Law. Should any controversy, dispute, or claim arising out of or related to this agreement arise, the parties shall agree to provide written notice and make a good faith effort to resolve the dispute.  Should informal discussions fail to cure the dispute, the parties shall submit to mediation.  If mediation is unsuccessful, then upon the written demand of either party, the parties shall submit the dispute to binding arbitration before a single arbitrator.  The dispute will be decided by arbitration in accordance with the applicable arbitration statute.  . Any such controversy or claim shall be arbitrated on an individual basis. The arbitration shall be conducted in Fort Worth, Texas. You agree to indemnify and hold harmless The Silver Files from and against any loss, liability, damages, costs, and expenses, including attorney’s fees and court costs, arising out of Your (i) use of The Silver Files, (ii) conduct in using TheSilverFiles.com, (iii) violation of this agreement, or (iv) violation of any law or rights of any third party.