THE SILVER SHORTAGE CONTEST
1. APPLICABILITY: These Terms of Use (these “Terms”) provide the general terms and conditions that govern your access to, use of, and interactions with: (A) Silver Shortage Contest(s) related website(s) (the “Website”), (B) contest entry applications for participation made available through the Website (using “Software”), (C) any SilverShortage Contest related social media, and/or channels of interaction and engagement(s), (D) any content, functionality, and services offered at, on, with the SilverShortage.com Website, or other sites directly or indirectly because of the Website, Software and social media pages, etc.
To make these Terms easier to read, the Website and Software, along with the SilverShortage Contest-controlled social media pages, media, and any content, data, functions, methods, acts and services offered by or on behalf of Trustees at, on, with the Website, using Software and social media pages, engagement, interaction in person, or over a network, are collectively called the “Services.”
PLEASE NOTE: Prior to participating in any Contest(s) read the Contest(s) Rules (located on each Contest webpage) as each of the promotional Contest(s) on the Website may also be governed by additional terms and conditions.
All the Participants are subject to all notices posted online including but not limited to Privacy Policy.
2. YOUR ACCEPTANCE OF THESE TERMS: This is a private offer to a man or a woman, and any use of Services is evidence of voluntary aware consent and acceptance to the SilverShortage.com Terms and constitute an instant and binding contract between you, a man or woman, and the private common law SilverShortage.com Trust. The Trust manages any Services offered, including but not limited to the SilverShortage.com Trust Fee Schedule and it's enforcement. It is agreed that remedy for any default, dishonor, liability will be by the law, equity, contract law, international law, common law, law merchant, or any other lawful, legal jurisdiction, function, method, at the sole discretion of the Trustees who administer the SilverShortage.com Trust. Furthermore you agreed that along with the good faith and credit of the living man or woman, any individual, entity, association, legal fiction, any lawful or legal person (`person' per US Code definition, among other definitions), any ENS LEGIS, commercial vessel(s), trade name, franchise and transmitting utilities that may lawfully or legally represent you, the living man or woman, or any group of the same, in the public, in commerce, also stands in honor, as surety for this your bond, willing to tender lawful remedy for any trespass, violation or violations, and any attempt to violate, including but not limited to participating in any interaction with intent to violate or attempt to violate, the Terms herein, and the Rights of the Trust, Trustees, and any Beneficiary or Beneficiaries of the SilverShortage.com Trust.
Your use of the Services in any way signifies that you accept and agree to these Terms, including any modifications that are posted at SilverShortage.com from time to time. If you do not wish to be bound by these Terms, you may not access or use the Service.
3. CHANGES TO THESE TERMS: These Terms may be modified at any time, at our sole discretion of the Trustees. All changes are effective immediately when we post them and apply to all access to and use of the Services. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for checking these Terms regularly to ensure that you understand the Terms that apply at the time of your access to or use of the Services.
4. AGE REQUIREMENT: The use of the Services, such as the Grand Prize Contests, are open to all men and women, and those who have at least reached 14 years of age. However to directly Redeem a Contest prize(s) a participant must have have lived at least 18 years old, or the age of legal majority in their lawful jurisdiction. Certain exceptions can be made under qualifying circumstances.
5. ACCESS TO THE SERVICES: The Services are offered for private use and consideration, and for may then consider any of your other private and public acts, and commercial related activities. The Services are offered on an individual basis, to a man and woman, not for any collective or groups. The Trustees may, in our sole discretion, change, modify, end, and/or refuse to offer some of all the Services to any man or woman, or person and change the eligibility criteria at any time. Any right to access and use the Services is automatically revoked where these Terms, or use of the Services, is prohibited, violates, or conflicts with any applicable law, at the Trustees understanding and sole discretion.
(A) LIMITING OR MODIFYING THE SERVICES: The Trustees reserve the right to withdraw, limit or otherwise modify the
Services, at our sole discretion and potentially without notice. The Trust, any Grantor, Trustee, and Beneficiary will not be
liable if for any reason, including but not limited to all or any portion of the Services should they become unavailable, at any time or for any period.
(B) INTERNET
ACCESS: You are solely responsible for making all arrangements
necessary for you to have access to the Services, including, without
limitation, securing internet connections, and for any
telecommunication fees.
6. ACCOUNT REGISTRATION AND SECURITY: To participate in our Services, you are asked to provide certain registration details or other information so to create a user account (an “Account”) at our Website(s).
(A) ACCOUNT INFORMATION: It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against applicable law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.
(B) ACCOUNT SECURITY: Your Account is for your private use only. You may not allow others to use your Account and may not share or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. You are responsible for all activity that occurs within your Account, including any activity by unauthorized users using your Account. If you suspect or know of unauthorized access to your account, change your password and immediately notify SilverShortage.com by sending an email to info@silvershortage.com.
7. TERMINATION OF RIGHT TO USE; ACCOUNT DELETION: We have the right to suspend, delete and/or disable any Account (or any part thereof) or block or remove any User Contribution (as defined in Section 11, below) for any reason, without explanation, including if we determine that a violation, or potential violation of these Terms may exist, or that your conduct or User Contribution would bring dishonor, tend to damage our Services, the reputation, goodwill of the Trust, any Grantors, Trustees, and Beneficiaries. If administrator deletes your account or terminate your permission to use the Services, you may not re-register for or continue to use the Service under any other email or Account without explicit permission from the Service administrators, the duly appointed SilverShortage.com Trust Trustees.
8. PRIVACY POLICY: Please review the Privacy Policy to learn about (A) what information we may collect about you, (B) what we use that information for, and (C) with whom we may share your information.
9. LIMITED PERMISSION TO USE THE SERVICES:
(A) LIMITED LICENSE: Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, the Services grants to you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Services for your sole private use only. You may not copy, modify, reverse engineer, disassemble, or create derivative works based on the Services, distribute, sell, grant rights in or to the Services, publicly display, republish, download, store, or transmit any of the Services, except as follows:
i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and using the Services.
ii. You may store files that are automatically cached by your web browser for display enhancement purposes.
iii. You may print or download one copy of a reasonable number of pages of the Website for your own private, non-commercial use and not for further reproduction, publication, or distribution, unless otherwise written.
iv. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own private, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
v. If we provide social media features with certain content, or explicitly write so, you may take such actions as are enabled by such features.
This license will remain in effect unless and until you violate or attempt to violate these Terms, or this license is terminated by you or by the Service and SilverShortage.com Trustees. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws, and initiate lawful and legal proceeding to find remedy, judgement and collection. At the sole discretion of the SilverShortage.com Trustees, any access, any license, any Account may at any time, for any reason, be suspend or terminated hereunder without prior notice.
(B) SILVERSHORTAGE.COM INTELLECTUAL PROPERTY: The interfaces, content, arrangement and layout of the Website(s) including, but not limited to, the SilverShortage.com trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information, and other content, and any compilation of the foregoing (“SilverShortage.com Intellectual Property”) are the property of SilverShortage.com Trust, except where otherwise noted, and may be protected from copying, imitation, dissemination, distribution, communication, or simulation under United States and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of a Trustee of the SilverShortage.com Trust. All modifications and enhancements to the Services remain the sole property of SilverShortage.com Trust. You understand and acknowledge that, by using the Services, you do not acquire or obtain by implication or otherwise, any license or right to use any of the SilverShortage.com Intellectual Property in any manner not expressly permitted under these Terms.
10. GENERAL PROHIBITIONS AND ENFORCEMENT RIGHTS: You may use the Services only for lawful purposes and in accordance with these Terms. Additionally, you agree that you will not do any of the following:
(A) Impersonate or misrepresent your affiliation, relation, interaction with any person or entity.
(B) Interfere, or attempt to interfere, with the proper working of the Services.
(C) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms or permitted expressly in writing by SilverShortage.com, the Service, Trustees, and Grantor.
(D) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
(E) Access, tamper with, or use non-public areas of SilverShortage.com, the Service, the Trustees, Grantors and Beneficiary computer systems, or the technical delivery systems of SilverShortage.com's service providers.
(F) Attempt to probe, scan or test the vulnerability of any SilverShortage.com, the Service, the Trustees, Grantors and Beneficiary computer system(s), or network(s) or breach any security or authentication measures.
(G) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SilverShortage.com, the Service, Trustees, the Grantor, or any other third-party (including another user) to protect the Services, systems, or other content.
(H) Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services.
(I) Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Website.
(J) Use any robot, spider, or other automatic device, bots, process, or means to access the Services for any purpose, including monitoring or copying any of any information or materials.
(K) Use any manual process to access, monitor or copy any information or materials, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
(L) Collect or store any privately identifiable information from other users of the Services.
(M) Use any device, software, or routine that interferes with the proper working of the Services.
(N) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(O) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website of Software, the servers on which the Website of Software are stored, or any other server, computer, or database connected with or cooperating with SilverShortage.com Trust, the Service, a Trustee, a Grantor.
(P) Attack the Website, or any other server, computer, or database connected or cooperating with SilverShortage.com, the Service, Administrators, the Founder via a denial-of-service attack or a distributed denial-of-service attack.
(Q) Use, display, mirror or frame the Services or any individual element within the Services, SilverShortage.com's name, any SilverShortage.com Trust trademark(s), logo(s) or other proprietary information, or the layout and design of any page or copy contained on a page, without SilverShortage.com Trust's express written consent.
(R) Use any meta tags or other hidden text or metadata utilizing a SilverShortage.com trademark, logo URL or product name without SilverShortage.com Trust's express written consent.
(S) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or User Contributions to send altered, deceptive, or false source-identifying information.
(T) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
(U) Post, upload, publish, submit, or transmit any User Contribution or engage in any activity that:
i. infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, natural law rights, common law rights, universal rights, which includes property rights, and rights of publicity and privacy.
ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability that you may stand under.
iii. is fraudulent, false, misleading, or deceptive.
iv. is defamatory, obscene, pornographic, vulgar or offensive.
v. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
vi. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity.
vii. exploits minors.
viii. promotes illegal or harmful activities or substances.
(V) Encourage or enable any other individual to do any of the foregoing to otherwise violate these Terms.
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and SilverShortage.com Trust systems. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with applicable law enforcement authorities to prosecute users who violate rights and law.
11. USER CONTRIBUTIONS: The Services may include platforms, boards, profiles, forums, chat features and/or other interactive features and functions, such as digital or analog meetings, events, etc., (collectively, the “Interactive Services”) that allow Account users to post, submit, publish, act, interact, engage, comment, participate, display, transfer, transmit to SilverShortage.com, to other manages sites, to other users or to others generally (hereinafter, “post”) content or materials through or in connection with the use of any of our Services (collectively, “User Contributions”). We do not guarantee that other users or third-parties will not use the User Contributions that you post. If you have information, ideas, interactions that you want to remain confidential and/or do not want us or others to use, do not post them, do not send them, do not participate, do not engage. We shall have no responsibility to evaluate, use or compensate you for any User Contribution. Further, we are under no obligation to oversee, monitor, or moderate any Interactive Service we provide or be a party to. You may be able to remove your User Contributions by specifically deleting it, but we are not responsible or liable for the status of use, for removal or deletion of (or the failure to remove or delete) any of your User Contributions.
(A) NON-CONFIDENTIAL AND NON-PROPRIETARY: Any User Contribution, whether publicly posted or privately transmitted, will be considered non-confidential and non-proprietary.
(B) LICENSE TO USE USER CONTRIBUTIONS: You explicitly grant SilverShortage.com Trust, the Trustees, and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display through all media now known or later created, edit, modify, and make derivative works from your User Contribution (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without any attribution and/or compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Contribution(s). You further grant all users of the Services permission to view your User Contribution(s) for their private, commercial or non-commercial purposes. If you make suggestions to SilverShortage.com Trust, or through the Services, about improving or adding new features or products to the Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to SilverShortage.com Trust a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
(C) YOUR RESPONSIBILITY FOR YOUR USER CONTRIBUTIONS: Any User Contribution, whether publicly posted or privately transmitted, is the sole responsibility of the person who produced such User Contribution. By posting any User Contribution, you represent and warrant that:
i. You are not a child, and have at least entered your teenage years.
ii. You represent that you own, or have all rights necessary to grant SilverShortage.com Trust, the license above, to all the User Contributions you may post, and that SilverShortage.com Trust, the Trustees, the Grantor will not need to obtain licenses from any third-party or pay royalties to any third-party to use such User Contribution(s).
iii. All of your User Contributions do and will comply with these Terms and any content standard stated herein.
(D) MONITORING AND ENFORCEMENT: We do not undertake to review all User Contributions before they are posted have and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility to anyone for any action or inaction regarding acts, transmissions, communications, performance or content provided by any user or third-party. We have no liability for the performance or nonperformance of the activities described in this section. However, we reserve the right to: (i) remove or refuse to post any User Contribution for any or no reason at sole discretion of Trustees, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate at our Trustees sole discretion, (iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and (iv) take appropriate lawful and legal action for any unlawful and illegal or unauthorized use of the Services.
12. THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT: SilverShortage.com Trust, the Service, Trustees and the Grantor respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Contribution does not infringe any third-party’s right or other intellectual property rights. If you believe that the Services or any User Contribution contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please submit duly authorized written notice to us at info@silvershortage.com in accordance with this section.
(A) COPYRIGHT INFRINGEMENT: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
i. Your name, address, telephone number, and email address.
ii. A description of the copyrighted work that you claim has been infringed.
iii. A description of where the material that you claim is infringing may be found, sufficient for SilverShortage.com Trust, the Service, Trustees to locate the material (e.g., the URL).
iv. A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its with agent, or applicable law.
v. A statement by you under penalty of perjury, with at least two witnesses, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may submit this information via:
Email: info@silvershortage.com (with the subject line “Copyright Notices”)
If properly notified that any materials infringe a third-party’s copyright, we will promptly take action. In addition, SilverShortage.com Trust may, when appropriate, terminate the Accounts and license hereunder of repeat copyright infringers.
SilverShortage.com Trust may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third-parties, including to the users who have posted the allegedly infringing material.
13. THIRD-PARTY PRODUCTS:
Third-party services, content, information, and products may be made available or introduced on SilverShortage.com or through to other websites (“Third-Party Products”). Third-Party Products are provided for the consideration of the potential participant and SilverShortage.com Trust, the Service, Trustees and the Grantor make no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Products. Third-Party Products are subject to the applicable terms and policies of the third-parties that offer them.
14. HYPERLINKS: (A) LINKS FROM THE WEBSITE: The Website may contain links to websites operated by other parties. SilverShortage.com provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of SilverShortage.com, and SilverShortage.com Trust is not responsible for the content available on the other sites. Such links do not imply SilverShortage.com Trust’s endorsement of information or material on any other site and SilverShortage.com Trust disclaims all liability regarding your access to and use of such linked websites.
(B) LINKS TO THE WEBSITE: You may not place a link to the Website on another website without our prior written consent and, without limiting the foregoing, you must adhere to SilverShortage.com’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with SilverShortage.com, the Service, SilverShortage.com Trust, Trustees, Grantor and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with SilverShortage.com Trust, Trustees, Grantor, (iii) when selected by a user, the link must display the Website on full-screen and not within a frame on the linking site, and (iv) SilverShortage.com Trust reserves the right to revoke its consent to the link at any time and in its sole discretion.
15. DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SILVERSHORTAGE.COM TRUST, THE SERVICE, TRUSTEE, AND GRANTOR MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK. SILVERSHORTAGE.COM, SILVERSHORTAGE.COM TRUST, THE SERVICE, TRUSTEE, AND GRANTOR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SILVERSHORTAGE.COM TRUST, THE SERVICE, TRUSTEE, AND GRANTOR PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT ANY SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
16. INDEMNIFICATION: You agree to defend, indemnify, release, and hold harmless SilverShortage.com,
SilverShortage.com Trust, Trustees, the Grantor, any parents, subsidiaries, and affiliated companies, and all of their respective past and present Participants, Contestants, officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to the living man, woman, person, persons or property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to (i) your use or misuse of any offer in connection with the SilverShortage.com Trust, (ii) your breach or alleged breach of these Terms, including, but not limited to a breach or alleged breach of any representation or warranty by you in these Terms; (iii) your violation of any applicable law, or rights of others in connection with your use of the Services, or (iv) infringement, violation, or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Submissions that you post or transmit through the hardware and software.
18. BINDING ARBITRATION, NO CLASS ACTION:
Please read this section carefully. you understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Terms.
(A) MANDATORY ARBITRATION OF DISPUTES: We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.
(B) CLASS ACTION WAIVER: You and SilverShortage.com, the Service, Administrators the Founder agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose.
(C) LIMITED REMEDIES: Additionally, except as may be provided for in Subsection 18(D), below, or prohibited by applicable law, we each agree that, for any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief.
(D) EXCEPTIONS AND OPT-OUT: Notwithstanding Subsections 18(A) and (B), above, we each retain the right to:
i. seek injunctive or other equitable relief from a
court of competent jurisdiction to prevent (or enjoin) the
infringement or misappropriation of our respective intellectual
property rights.
(E) DISPUTE RESOLUTION AND
NOTIFICATION OF CLAIMS: Prior to bringing a Claim you and
SilverShortage.com Trust each agree to notice the other party and attempt,
in good faith, to negotiate an informal resolution. To begin
this process, before initiating any arbitration proceeding, the party
seeking to bring a Claim must send a Notice of Claim (“Notice”)
first by email and with affidavit by certified mail to the other party. The
Notice must describe the nature and basis of the Claim and the relief
sought. If we are unable to resolve the potential Claim within 90
days after receipt of the Notice, SilverShortage.com Trust may initiate arbitration
proceedings as set out below.
(F) ARBITRATION PROCESS AND RULES: Any arbitration will be conducted by arbitrator(s) selected & appointed by SilverShortage.com Trust, the Service. Regardless of the fact that there are no plans for commercial transactions at SilverShortage.com, while under the control of the Service, the Service, Administrators, and the Founder(s), we agree the arbitrator or arbitrators will follow, to the best of their ability & sound judgement JAMS rules (“JAMS Rules”) or a similar arbitrator enterprise's methods. JAMS Rules are the procedural rules for commercial disputes, even though these would private proceedings. We require that the party who wishes to start arbitration must submit a written Demand for Arbitration to SilverShortage.com Trust, giving notice to the other party (us, the Service, SilverShortage.com Trust) as specified in the JAMS Rules. Frivolous submissions will be ignored. JAMS provides a form Demand for Arbitration at jamsadr.com fill out and deliver similar. When practical, the arbitrator should have some prior subject matter knowledge and familiarity with contests and/or fundraising laws, private contracts, international law, Common Law, Natural Law, Equity, basic morals & ethics. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and the designated SilverShortage.com Trust representative may take one deposition of the opposing party, limited to a maximum of 15 minutes. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be publicly declared to all parties. The arbitrator’s decision shall be final and binding upon the parties to these Terms.
(G) ARBITRATION COSTS: If you assert a
claim against SilverShortage.com, you will be responsible for paying
all fees, including but not limited to payment of all filing fees, administrators and arbitrator(s) fees. SilverShortage.com Trust, the
Service, Trustees, Grantor, Participants and Contestants will
not pay any fees. The party submitting the form Demand for Arbitration will pay for any of our attorneys’
fees and any of our other costs incurred directly by the demand for arbitration. The arbitrator shall resolve any dispute regarding the
reasonableness of any fee or cost that may be awarded to us under
this paragraph.
(H) ARBITRATION RETAINER: The party that submits a Demand for Arbitration form to SilverShortage.com, will be responsible for paying
all fees, including but no limited to payment of all filing fees,
administrators and arbitrator(s) fees, thus first, as a show of good faith, a retainer to pay all arbitration fees will be held in Trust controlled by the arbitrator, until the proceedings are concluded and the arbitrator(s) ruling has been publicly declared.
(I) CONFIDENTIALITY: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential, private, and will not be disclosed by either party. You and SilverShortage.com Trust agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself.
(J) SEVERABILITY: If any part of this arbitration provision is deemed to be unlawful, invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, or the selected arbitrator enterprise's methods, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
19. CONTRACTING ENTITY, GOVERNING LAW; JURISDICTION: All matters relating to the Services and/or these Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with laws and rights for private contracts, international law, Common Law, Natural Law, Equity, basic morals & ethics. As of writing this, the contests are held in the Private, operate in Trust, and are invitation-only.
20. LIMITATION OF TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. GENERAL:
(A) RELATIONSHIP OF PARTIES: You agree that you voluntarily choose to participate, and will only encourage the aware voluntarily consent of other men and women for participation.
(B) ASSIGNMENT: SilverShortage.com Trust may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without SilverShortage.com Trust's prior written consent, authorized by a duly appointed Trustee, and any unauthorized assignment by you shall be null and void ab initio.
(C) EQUITABLE REMEDIES: You hereby agree that SilverShortage.com Trust would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
(D) FORCE MAJEURE: Neither you or SilverShortage.com Trust will be liable for any failure or delay in performance under these for causes beyond the other party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as telecommunications or hosting facility.
(E) WAIVER AND SEVERABILITY: Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
(F) ENTIRE AGREEMENT: These Terms, including Official Rules and Contest Rules, as well as any other the documents, rules or policies expressly incorporated by reference, constitutes the entire agreement between you and us and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
(G) YOUR COMMENTS AND CONCERNS: All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@silvershortage.com
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