Personal Information defined
We define “Personal Information” as your first and last name, your e-mail address, your home or other physical address, including a street name and name of a city or town, your telephone number, your social security number, any payment or financial information, or any other identifier that permits Silver Cloud to contact a natural human person, like you, and/or any information that Silver Cloud maintains that could be used to identify you in combination with any of the identifying information described above.
Information We Collect
We collect Personal Information you provide to us and when you use the Sites and/or our Services. We collect Personal Information in order improve our Services, to deliver Services and perform obligations under agreements we have with you, to comply with our own legal obligations, and for other purposes as described below.
Information You Give Us
We receive and store any Personal Information you provide or post on or through the Sites or through any other means, including when you make a reservation, register for a Silver Rewards Account, purchase our Services or request information from us. You understand that it is your choice to provide us with this information. You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Sites or some of our Services.
Silver Rewards Account Information
If you choose to create a Silver Rewards Account you will be required to provide your name, email address, and other information. We will collect and store your Silver Rewards Account information. Creating and completing a Silver Rewards Account allows you to more easily make reservations, gain Silver Rewards points and Instant Rewards, and allows us to enhance your booking experience and stay.
We automatically receive and store certain types of information when you visit the Sites, including the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Sites; any search terms you used to find the Sites; the device identifiers and mobile and network information; your actions on the Sites; among others. Note that this information will be treated as Personal Information only if we combine or link it to any of the identifying information above. Otherwise, this information constitutes Aggregate Information.
Credit Card Information: We will require your payment or credit card information in order for the Payment Processor to process purchases. This includes your name, payment or credit card number, expiration date, billing address, and authentication codes or related information as needed to authorize the charge and complete the transaction. Credit card data is transferred over a Secured Sockets Layer (“SSL”) line if you are using an SSL enabled browser such as Microsoft Internet Explorer, Firefox, Safari, or Google Chrome. We also use SSL on other select pages where you enter Personal Information. This ensures that the Personal Information is encrypted as it travels over the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the upper right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from “http” to “https.”
Cookies and Web Beacons
Please consult your browser instructions for information on how to modify your choices about cookies. Finally, you may delete any existing cookies manually from the hard drive of your device.
The web servers hosting the Sites may also collect “log data.” Log data provides Aggregate Information about the number of visits to different pages on the Sites. We use log data for troubleshooting purposes and to track which pages people visit in order to improve the Sites. We do not link log data collected to Personal Information.
Social Media Integration
We may provide you the opportunity to connect your Silver Rewards Account with other social media platforms, including Facebook, Instagram or Twitter. When you participate in social features the information you provide may be shared with others by the operators of those platforms. We do not have any control over any third party use of Personal Information or any other information you may make available on those platforms, so please be sure to read the applicable social media platform privacy policies carefully to determine whether you want to connect.
“Do Not Track”
Section 22575 of the California Business & Professions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings. Silver Cloud supports and honors “Do Not Track” web browser settings. If you enable “Do Not Track” settings in the browser you are using, Silver Cloud will, to the extent feasible, not collect, store, or use Personal Information about websites you visit using that browser other than www.silvercloud.com. Other parties, however, may not honor “Do Not Track” signals.
Use of Personal Information
Silver Cloud stores your Personal Information for as long as you maintain a Silver Rewards Account with us, use our Services or post content that may contain Personal Information on the Sites. Personal Information provided by you or obtained through the Sites may be used by us to, among other things:
- Communicate with you by email, regular mail, telephone, or mobile devices, about services that may be of interest to you either from us or from other third parties;
- Carry out obligations under any agreement we have with you;
- Create and maintain your Silver Rewards Account;
- Develop and deliver any newsletter or Services updates;
- Develop and display third party content and advertising tailored to your interests on the Sites;
- Enforce our Terms;
- Manage our business;
- Notify you of changes to our Services;
- Perform research and analysis about your use of, or interest in, our Services, or content;
- Process reservations;
- Perform functions as otherwise described to you at the time of payment collection;
- Process applications for employment;
- Process and fulfill the Services you purchase.
- Send you information you have requested;
- Tailor your user experience; and
- Validate and process entries to a competition or promotion.
We generally store your Personal Information in the US. However, we may transfer your Personal Information from the US to other countries or regions in connection with the above purposes. By providing any Personal Information to us, you consent to such transfer, storage, and processing.
Reservations for the Properties (as defined in the Terms) are handled by us directly or our booking partner (“Booking Company”). You can also make reservations through third party services, as described below. If you make a reservation directly with us or use our Booking Company we (or our Booking Company) will collect and process Personal Information about you in order to process and manage your reservation. This information will be provided to the Property to meet your reservation request.
Reservations through Third Parties
The Website is not directed at children, and we do not knowingly collect Personal Information directly from users under the age of 13 or from other websites or services directed at children. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will not knowingly request or collect Personal Information from any child under age 13 without obtaining the required parental consent. Children can browse the Sites without any Personal Information being collected.
Please visit http://www.ftc.gov/privacy/privacyinitiatives/childrens.html for information from the Federal Trade Commission about protecting children’s privacy online.
Updating or Correcting Your Information
If you would like to view your Personal Information, or delete or modify incorrect parts thereof, you may do so by sending an email to privacy [at] silvercloud [dot] com. We may be required to keep this information rather than delete it or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements. Please note that when we delete any Personal Information, it will be deleted from the active database, but may remain in our archives.
Silver Cloud Inns and Hotels
103 118th Avenue SE, Suite 300
Bellevue, WA 98005
Should you so choose, however, you have the right to lodge a formal complaint regarding our use of Personal Information about you with the Federal Trade Commission (“FTC”), the supervisory authority for the United States, using the following contact information:
Federal Trade Commission
600 Pennsylvania Avenue, Northwest
Washington, DC 20580
Tel. +1 202 326 2222
Please note that alternate methods of lodging a complaint apply to EU residents, as provided below.
Third Party Links
The Website may contain links to other websites. We do not control, and make no representations whatsoever regarding such other websites or the products and services offered by or through websites accessed through links on the Sites, even those with which Silver Cloud may have an affiliation. If you decide to access third party websites linked through the Sites you do so at your own risk, and subject to the policies and terms of such websites.
Securing Your Information Online
We take reasonable measures to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, please note that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. You should use secure usernames and passwords and carefully protect them from disclosure, and keep your security and virus protection tools current and up-to-date on your computer.
If we become aware of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. For example, we may send you an email or post a notice to a public forum.
You should also be aware of how to handle and disclose your Personal Information and should avoid sending Personal Information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/consumer-privacy for information about how to protect yourself against identity theft.
Commercial Electronic Message Consent
By providing your email address to Silver Cloud through the Website, you affirmatively and expressly consent to receiving commercial emails from Silver Cloud. You may unsubscribe from these commercial emails at any time by following the “unsubscribe” instructions included in any email or by contacting Silver Cloud via email at privacy [at] silvercloud [dot] com or at the mailing address provided herein. Opting out of promotional communications does not affect our communications with you via telephone or email related to any business we may have with you as an owner or other transactional emails.
Your California Privacy Rights
Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared.
Any request for a disclosure required under this California law should be sent to us via email at privacy [at] silvercloud [dot] com or via regular mail at the address set forth herein.
Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
Non-EU International Visitors
Terms Applicable to Data from European Union (“EU”) Member Countries
The Sites are directed at consumers in the United States. In most cases, the Personal Information we collect is stored and used in the United States. While we do not direct our Services to residents of the EU, it is possible that EU residents may access and use the Sites. If we collect Personal Information from EU residents in a manner subject to the General Data Protection Regulation (“GDPR”) then, in addition to the above, the following terms shall also apply to our collection, use and retention of that information:
Privacy Shield Principles
We support the EU-US Privacy Shield Framework principles (Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability) regarding the collection, use and retention of Personal Information from EU Member Countries. Although we are not registered under the Privacy Shield, we make every effort to comply with these principles when handling Personal Information from residents of the EU Member Countries. However, our compliance with these principles may be limited (a) to the extent necessary to meet applicable national security, public interest, or law enforcement requirements; or (b) by statute, governmental regulation, or case law. If there is a conflict between the policies set forth below and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
Basis for Collection
As set out above, we collect and process Personal Information for which you have given your express consent at the time of collection. For example, we collect Personal Information when you elect to participate in one of our promotions. We also collect and process Personal Information in order to improve our Services, to deliver the Services and perform obligations under contracts we have with you, and to comply with our own legal obligations.
We do not collect sensitive data (as defined in GDPR), for example, biometric data, health data, or data revealing racial or ethnic origin, from visitors to the Sites.
We also may disclose Personal Information for other purposes or to other third parties when you have consented to or requested such disclosure. Please be aware that we will disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We are not liable for appropriate onward transfers of Personal Information to third parties.
We may retain third parties to process or analyze Personal Information we collect from the Sites. For example, a website may be maintained or hosted by a third party service provider, a promotion may be administered by a sales promotion agency, and/or Services may be fulfilled by a wholesaler. These suppliers and other third parties who provide services for us are contractually obligated not to use Personal Information about you except as we authorize.
We may analyze Personal Information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use Personal Information about you to detect and reduce fraud and credit risk.
Your rights include: (a) a right to withdraw your consent to the processing of Personal Information about you to which you have previously given consent; (b) a right to object to processing of Personal Information about you for the purpose of direct marketing; and (c) a right to have any incorrect part of the Personal Information about you corrected or removed. If you request to have incorrect Personal Information removed, we may retain some of your Personal Information as necessary for the purposes of our legitimate business interests or in furtherance of public interests in accordance with the Privacy Shield Principles. Any Personal Information you have shared publicly with others may continue to be publicly visible on the Sites.
You also have the right to obtain a copy of the Personal Information we have about you, although we reserve the right to charge a reasonable fee for this depending on the nature and frequency of your request(s) and our cost to provide the information.
Questions and Complaints
Last updated and effective as of: 02/2019
SILVER CLOUD INNS & HOTELS TERMS AND CONDITIONS
Welcome to the www.silvercloud.com website (“Website”) operated by Silver Cloud, Inc. dba Silver Cloud Inns (“Silver Cloud,” “we,” “our,” or “us”). Silver Cloud currently owns and operates properties (each a “Property” and collectively, “Properties”) throughout Washington and Oregon and continues to provide extraordinary customer service, room bookings and reservations, meeting and event spaces and services and other superior services (the “Services”) to guests through and on the Website, and any other website that Silver Cloud owns or operates (collectively with the Website, the “Sites”).
These Terms govern your use of the Sites on all platforms for which one exists.
Silver Rewards Membership Account
he Sites are generally accessible by the public. However, certain features available through the Sites may require you to setup a Silver Rewards Membership Account (“Silver Rewards Account”). For example, you are required to register a Silver Rewards Account to access and manage reservation records.
You can register a Silver Rewards Account by clicking on the “Silver Rewards” tab on the Website and following the instructions for setting up your account. To complete the registration process, you will be required to provide certain information about yourself, including your name, email address, and other information.
By setting up a Silver Rewards Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”); (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person’s username, password or other account information, or provide false details for a parent or guardian; (c) to maintain the security of your Silver Rewards Account password; (d) to maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate and current; (e) to accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (f) to notify us immediately of any unauthorized use of your Silver Rewards Account or password or of any other breach of security regarding your Silver Rewards Account by emailing us at privacy [at] silvercloud [dot] com.
Note that by setting up a Silver Rewards Account, you represent and warrant that:
All of the information you submit for your Silver Rewards Account is true and accurate;
You are at least 18 years of age;
You have reviewed these Terms; and
You are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.
To complete a purchase on the Sites, you must click “Reserve” for the desired Services and enter any information required to complete the purchase. You acknowledge that simply clicking “Reserve” for the Services prior to completing your purchase does not guarantee that you may purchase those Services. If between clicking “Reserve” for the Services and completing the purchasing process, the Services inventory is exhausted or availability has changed, such Services will be automatically withdrawn from the order and you will not be responsible for making a payment for those Services.
All purchases from Silver Cloud are subject to these Terms, including, but not limited to, our applicable policies for cancellations, pricing, and payments, all of which may be accessed via the Sites. In addition, some purchases may be subject to individual purchase terms and instructions, which would be listed on the applicable Services page(s). Before making any purchase, you should be sure to read these Terms AND any individual purchase terms carefully. In the event of a conflict between the general purchase Terms here and the individual purchase terms, the individual purchase terms will govern.
Silver Cloud attempts to ensure that the content, Services descriptions, prices, and other information on the Sites are as accurate as possible. However, Silver Cloud does not warrant or guarantee that any information on the Sites is accurate, complete, or error-free, and Silver Cloud undertakes no commitment or obligation to update any content, Services descriptions, or other information on the Sites. Silver Cloud may at any time change the content, Services descriptions, or other information on the Sites, and/or any aspect of the Sites, without prior notice. Silver Cloud also reserves the right to limit quantities of any of the Silver Cloud Services purchased by any individual guest, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Silver Cloud’s sole discretion. All prices and promotions are subject to inventory availability and limited time duration.
All of the content and materials available on or through the Sites are protected by copyright and owned by Silver Cloud or its licensors or licensees. Further, all trademarks or service marks, including Silver Cloud, Inc., trade names, trade dress, and other indicia identifying the Sites and the Services (the “Marks”) are owned by Silver Cloud. You do not obtain any rights in the Marks, or in any of the Services (except for your shared content) available on the Sites by your use of the Sites or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use the Sites as provided below. All rights in the Sites and the Services are reserved to their respective owners.
Subject to these Terms, Silver Cloud grants you a personal, non-transferable, non-exclusive, and revocable limited license to access and use the Sites and Services descriptions for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Sites as needed for you to view them through your browser, and (b) capture screenshots of the Services and their descriptions for your personal reference, provided you do not delete or modify any included copyright or other proprietary notices. Silver Cloud reserves the right to revoke this license at its sole discretion upon notice to you, in which case you shall cease all use of the licensed materials.
The license granted to you above is subject to certain restrictions. You may not resell any of the Services or use the Marks in connection with any product(s) or services, without our express written consent.
In addition, under no circumstances are you permitted to do any of the following:
Resell or otherwise commercialize the Services, in part or in whole, or any other function or feature of the Sites;
Restrict or inhibit any other user from using and enjoying the Sites or purchasing Services from the Sites;
Use the Sites or any content available on the Sites other than for their intended purpose;
Use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any content available on the Sites;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; or
Violate these Terms or any applicable laws in connection with your access and use of the Sites.
Copyright Complaint Procedure
We will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work posted on the Sites and believe that your intellectual property rights in that work have been infringed upon by an improper posting or distribution of it via the Sites, you may send Silver Cloud a written notice that includes all of the following:
A legend or subject line that says: “DMCA Copyright Infringement Notice”;
A description of the copyrighted work that you claim has been infringed;
The URL of the Sites and a description of where the material that you claim is infringing is located on that Sites page;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
Your electronic or physical signature.
The above notice should be sent to the contact below.
Silver Cloud Inns and Hotels
103 118th Avenue SE, Suite 300
Bellevue, WA 98005
privacy [at] silvercloud [dot] com
Sites Use and Access
The Sites will be available for access to the general public. However, we do not guarantee that the Sites will be accessible at all times, without interruption, or at any given time.
Your access to the Sites may be temporarily suspended due to system errors or maintenance windows or for any reason beyond our control. Further, we may suspend or terminate your access to the Sites or the Services, at our sole discretion and without prior notice to you, if you violate any of these Terms. You acknowledge that we are not liable for any losses or damages, including loss of your content, resulting from the suspension or termination of your access to the Sites or the Services.
User Generated Content
We may allow you to submit, upload or otherwise make available text, images, audio, video, Contest (as defined below) entries or other content (“Your Content”) through the Sites. You may also be able to provide an evaluation (rating and brief statement) of Services purchased through the Sites. All submissions you make to us through the Sites must comply with these Terms. Your Content will be treated as non-confidential and nonproprietary, and we will not assume any responsibility, obligation, or liability for them or for our receipt or non-receipt of them. Silver Cloud may delete or destroy Your Content at any time. Our receipt of Your Content is not an admission by Silver Cloud of its novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to Your Content.
By submitting or sending Your Content to Silver Cloud, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Content throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Content is accurate and, as permitted to be used by Silver Cloud under these Terms, does not and will not infringe any right of any third party.
Contests and Promotions
Silver Cloud may provide contests, sweepstakes, and promotions (“Contests”) through the Sites. Contests that you participate in may have supplemental rules and conditions, but the following general rules apply unless otherwise stated.
- Eligibility. We may disqualify Contest entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided.
- Entries. Contest entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
- Prizes. No cash or alternative prizes are available, except that we reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by Contest winners. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
- Publicity. Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants Silver Cloud an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
- Applicable Law. Contests are subject to applicable international, federal, state, provincial/territorial and local laws, rules, ordinances, statutes, court decisions and regulations. Contests are void where prohibited by applicable law.
Third Party Websites
In addition to Silver Cloud Services, the Sites may provide links and information about products, content, and services offered by or maintained by third parties. In some cases these may be accessible directly through the Sites. In others, access may be via links from the Sites to third party websites. We have no control over the content of these third party websites and we do not assume any obligation to review any of them. Further, we do not endorse, approve or sponsor any third party websites or any content, advertising, information, materials, products, services or other items on or available on or from them. We accept no responsibility for any third party materials or websites or for any losses or damages that may arise from your use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Silver Cloud from all claims associated with them.
Disclaimer and Release
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT: (A) YOUR ACCESS AND USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND THE SERVICES AND CONTENT ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SILVER CLOUD AND ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) SILVER CLOUD AND ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES AND AGENTS MAKE NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) THE SERVICES OR CONTENT THAT MAY BE PURCHASED OR OBTAINED FROM THE SITES WILL BE RELIABLE OR ACCURATE, (iii) THE QUALITY OF ANY SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SITES OR ITS CONTENT WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF ANY SUCH MATERIAL; (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SILVER CLOUD OR THROUGH OR FROM THE SITES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SILVER CLOUD AND ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES AND AGENTS ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE OTHERWISE FORESEEABLE), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITES OR RESULTS OF THE USE OF THE SITES OR ANY MATERIALS POSTED ON IT, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SITES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR SITES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES OR SITES.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, our aggregate liability shall not exceed USD $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS AND THE PREVIOUS PARAGRAPH MAY NOT APPLY TO YOU.
Applicable Law; Disputes
Binding Arbitration; Class Action Waiver
Except for matters relating to the enforcement of Silver Cloud’s intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Sites, your participation in any of the features available through them and/or your purchase of any Services on the Sites shall be finally resolved by arbitration as provided below. You are giving up the right to litigate a dispute with Silver Cloud before a judge or jury. Arbitration shall be solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Silver Cloud opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Silver Cloud expressly waive the ability to participate in any class or representative litigation. An arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate.
If a dispute arises that is subject to arbitration, you must give Silver Cloud written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Silver Cloud does not resolve our dispute within 45 days after receiving your notice, you may pursue arbitration as provided below by sending a written demand for arbitration to Silver Cloud at the address set forth above in “Copyright Complaint Procedure.”
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Silver Cloud. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the Judicial Arbitration and Mediate Services (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Seattle, Washington, unless otherwise agreed upon by you and Silver Cloud in writing. You and Silver Cloud will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Silver Cloud at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Washington law to any underlying claims as provided above). You agree the arbitration and other provisions of this section “Binding Arbitration; Class Action Waiver” survives any termination of these Terms.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Notice to International Visitors
The Sites and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
Silver Cloud makes no representation that the Sites are appropriate or available for use beyond the United States of America. If you use the Sites from other locations, you are responsible for compliance with applicable local laws.
If you have any questions about these Terms, you may contact us at privacy [at] silvercloud [dot] com.
Last updated and effective as of: 02/2019