Last updated on March 01, 2020.
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.iaminsilence.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of I am in Silence Inc.). Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.).
2. Acceptance of Terms
When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
It’s your responsibility to check this page from time to time to take notice of any changes I am in Silence has made, as they are binding on you.
3. Use and Restrictions
You acknowledge and agree that I am in Silence, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites and Apps. You further agree that you will not:
(a) resell for commercial purposes products purchased through use of the Sites;
(b) resell or make commercial use of the Sites or Apps or Content therein;
(c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(d) collect or use any product listings or descriptions;
(e) use any data mining, robots, or similar data gathering and extraction methods from the Sites and Apps;
(g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites or Apps;
(h) use, frame or utilize framing techniques to enclose any I am in Silence trademark, logo or other proprietary information (including the images found at the Sites and the Apps, the content of any text or the layout/design of any page or form contained on a page) without I am in Silence’s express written consent;
(i) use any meta tags or any other “hidden text” utilizing a I am in Silence name, trademark, or product name without I am in Silence’s express written consent.
The Contents are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used here on I am in Silence’s Site for commercial purposes without obtaining a written license to do so from us.
Any Content owned by I am in Silence’s licensors may be subject to additional restrictions. You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 13 against you.
A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by I am in Silence through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), I am in Silence grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates.
You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
You must not use any content including but not limited to illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text as displayed under the Distribution Content. I am in Silence’s status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the Canada, other countries, as well as applicable provincial laws and may be subject to liability for such unauthorized use. I am in Silence will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
You agree not to use the Content and/or Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Content and/or Products.
Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Site and Products and you must, at I am in Silence’s option, immediately return and/or destroy any original materials and products and/or copies of the materials and products in your possession. You may also be subject to legal liabilities.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Sites and Apps are proprietary to I am in Silence or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of I am in Silence, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all service marks and Content but not limited to text, images, page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of I am in Silence or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of I am in Silence.
You further agree not to use, change or delete any proprietary notices from Content downloaded under the Distribution Content provision as described in Copyrights section.
Under any circumstances whatsoever, these Terms do not grant you a license to use any trademark of I am in Silence or its affiliates.
6. Copyright and Trademark Infringements
I am in Silence respects the intellectual property rights of others, and we ask you do the same. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person or organization. I am in Silence may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites, Products and Apps for users who infringe the intellectual property rights of others.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites, Products or Apps, please provide a proper written notification as per the requirements outlined under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”) to the attention of “Copyright and Trademark Infringements” at email@example.com
Along with the Section 512(f) of DMCA guidelines, your written infringement notification must include a detailed description of the alleged Infringement, a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may be held accountable for damages (including costs and attorneys’ fees), incurred by us or the alleged infringer for misrepresenting that any Content is infringing your copyright. Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
7. Your Account
If you purchase products or services through your account using the Sites and Apps, you must establish an account with I am in Silence. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are solely responsible for:
(i) maintaining the security and confidentiality of your account and your account password;
(ii) restricting access to your computer and your account; and
(iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites and Apps that occur under your account or your account password.
We have the right to disable any account or password at any time, for any reason. You agree to immediately notify I am in Silence of any unauthorized use of your password or account or any other breach of security by contacting I am in Silence at firstname.lastname@example.org
8. Terms of Sale
All product sales from the Sites and Apps are governed by any terms of sale that may be posted on the Sites and Apps. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in I am in Silence’s sole discretion so you should review the terms of sale each time you make a purchase.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
9. Acceptance of Terms
You consent to receive electronic communications from I am in Silence either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing.
10. Medical Disclaimer
We are not healthcare professionals, and do not provide any kind of health or medical advice whatsoever. Readers are advised to do their own research and make decisions in partnership with their own qualified healthcare provider.
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Sites and Apps (each a “Submission”) and through the services available in connection with the Sites and Apps, and that you, and not I am in Silence, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership.
You represent and warrant that:
(i) you own all Submissions posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to I am in Silence set forth in this section, and
(ii) your Submission is accurate and not misleading and
(iii) the posting of your Submissions on or through the Sites, Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation:
use the Sites and Apps in a manner that uses technology or other means to access the Sites and Apps, or other content that is not authorized by I am in Silence;
use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
take any action that imposes or may impose (in I am in Silence’s sole discretion) an unreasonably or disproportionately large load on I am in Silence’s infrastructure;
attempt to gain unauthorized access to I am in Silence computer network or user accounts;
encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
attempt to damage, disable, overburden, or impair I am in Silence servers or networks;
fail to comply with applicable third party terms;
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
use racially, ethnically, or otherwise offensive language;
discuss or incite illegal activity;
use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
post anything that exploits children or minors or that depicts cruelty to animals;
post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
use any robot, spider, scraper or other automated means to access the Sites or Apps; and
alter the opinions, goals, profiles or comments posted by others on the Sites and Apps.
This list of prohibitions provides examples and is not complete or exclusive.
I am in Silence reserves the right in its sole discretion to:
(a) terminate your access to your account;
(b) terminate your ability to post to the Sites or Apps (or the services) and
(c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that I am in Silence determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Sites, Apps and/or services.
(d) I am in Silence may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at I am in Silence’s discretion, I am in Silence will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps or on the Internet.
I am in Silence takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, I am in Silence is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require I am in Silence to monitor, police or remove any Submissions or other information submitted by you or any other user.
I am in Silence prohibits crawling, scraping, caching or otherwise accessing any content on the Sites and Apps via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with I am in Silence’s express consent).
It is I am in Silence’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, I am in Silence does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that I am in Silence is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, I am in Silence reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites and Apps, at any time and from time to time.
You agree to defend, indemnify and hold harmless I am in Silence, its affiliates and their respective principles, directors, representatives, officers, employees, contractors, licensors, licensees, suppliers and agents, from and against any losses, damages, obligations, liabilities, claims, expenses (including attorney’s fees), actions or demands as a result of:
(i) your Submission or your access to or use of the Sites and Apps;
(iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
(iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
(v) any misrepresentation made by you.
14. Links to Third Party Websites
The inclusion of links to such websites on the Sites and Apps does not imply any endorsement from I am in Silence of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person.
The Service may contain links to third-party web sites or services that are not owned and/or operated by I am in Silence. Such links are provided solely as a convenience to you and I am in Silence does not control such websites, and assumes no responsibility for, the content, products, services or information offered by any third parties.
If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
You further acknowledge and agree that I am in Silence shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third parties.
15. Linking to the Sites
16. Viruses, Hacking and Other Offences
You must not misuse our Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.
17. Warranties and Disclaimer
In addition, the sites and apps may contain typographical errors or inaccuracies and may not be complete or current. I am in Silence therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, I am in Silence reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. I am in Silence is not liable for these variants and deviations.
In addition, if an item becomes unavailable for whatever reason after an order is accepted, I am in Silence may terminate the order by giving you written notice. In such event, I am in Silence will contact you to arrange for a refund or provision of credit against future purchase.
18. Limitation of Liability
I am in Silence and its parent, affiliates, subsidiaries, officers, directors, employees, agents, suppliers, licensors and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, lost profits or revenues or failure to realize expected savings, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort (including negligence) or any other theory, including, without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or non-performance of the site, apps, errors, omissions, viruses and malicious code, unless such loss or damages are caused directly by I am in Silence’s fraud, recklessness, gross negligence or negligence. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
For New Jersey residents or other persons accessing this site from new jersey: you agree that all disputes arising from your account, your use of the sites and apps, and your submissions and any personal rights contained therein shall be decided solely by an arbitrator, pursuant to the consumer arbitration rules of the American arbitration association. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes. Furthermore, you agree to waive any right to a jury trial in any dispute with I am in Silence, its subsidiaries and/or affiliates.
By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
For New Zealand residents or other persons accessing this site from New Zealand: we understand that, in some jurisdictions warranties, disclaimers and conditions may apply that cannot be legally excluded. Accordingly, in relation to goods and services supplied by I am in Silence in New Zealand, to the fullest extent permitted by law, I am in Silence’s liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of I am in Silence to:
(a) in the case of services supplied or offered by I am in Silence, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption
(i) the supply of the services again, or
(ii) the payment of the cost of having services supplied again; and
(b) in the case of goods supplied or offered by I am in Silence, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods;
(iii) the payment of the cost of the replacing the goods or of acquiring equivalent goods, or
(iv) the payment of the cost of having the goods repaired.
You agree that any claim you may have arising out of or related to your relationship with I am in Silence must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
We believe that arbitration offers a prompt and efficient way to resolve any dispute, controversy or other claim between us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).
19.2. Pre-Arbitration Claim Resolution
Before you can commence any proceeding as to a Dispute, you must first give us an opportunity to resolve the Dispute by emailing us at email@example.com a notification that contains the following information: (1) your name, (2) your address, (3) a written description of your claim in the Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue the Dispute in arbitration or, if you have opted out of arbitration as provided under “Right to Opt Out, in court.
19.3. Right to Opt Out
19.4. Arbitration Procedures
Under no circumstances will class action procedures or rules apply to the arbitration, and the arbitrator may not consolidate more than one person’s Disputes or otherwise preside over any form of a class, consolidated, representative or similar action, unless both you and we specifically agree following initiation of the arbitration. The arbitration will be conducted in English, closed to the public and confidential. All related records shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
The U.S. Federal Arbitration Act (“FAA”) may govern the arbitrability of Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit.
Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.
19.5. Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
19.6. Location of Arbitration
Unless we mutually agree on a different location, arbitration shall occur in Calgary, Alberta, Canada. You waive any right to claim that such location is an inconvenient forum, and you agree not to sue us or bring arbitration in any other forum.
To minimize the costs and burdens of associated with arbitration, you and we agree that the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. You and we further agree that the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties.
19.7. Payment of Arbitration Fees and Costs
So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing, administration and arbitrator fees and associated costs and expenses in any Dispute involving claims totalling less than $2,000. You will be responsible for all additional fees and costs that you incur in the arbitration, including the fees and costs of any attorney or expert witness you use. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
19.8. Waiver of Class Action, Jury and Other Rights
20. Governing Law
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
23. No Partnership
24. Entire Agreement
25. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org