Terms and Conditions

TERMS AND CONDITIONS
In accessing or using the Going Gray, Looking Great Site, (Site) you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by our Terms and Conditions which include our Privacy Policy. These Terms and Conditions were last updated on September 1, 2007.

In the event a product or shipping charge is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, the Site will have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. The Site reserves the right to limit the number of items purchased and the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the incorrect price.

CONTENT
All content available on the Site, including but not limited to text, photographs, typefaces, graphics, videos, icons, images, data compilations, other material, and the compilation thereof (collectively, “Content") is the property of Silverlining Beauty LLC, our affiliates, partners or licensors, and is protected by United States and international copyright laws in all forms, media and technologies existing now or hereinafter developed.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

All other trademarks, service marks, product names, company names and logos appearing on the Site are the property of their respective owners.

ADVERTISING
We reserve the right to decline any advertising that is misleading, offensive, or inappropriate for the tone and content of the Site.

PERSONAL USE
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content; (iii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden on our infrastructure; (iv) use any meta tags or any other “hidden text” utilizing our name; (V) create any derivative work based upon either the Site or Content; (vi) collect account information for the benefit of yourself or another party; or (vii) make any use of the Site or Content other than personal use.

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site.

Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

LINKS
We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site. Links appearing on the Site are not an endorsement by us, of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions.

A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not link to any page of the Site other than the home page; (iii) may not imply that we are endorsing such website or its services or products; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not misrepresent its relationship with us. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.

You agree that we will not be responsible or liable for any loss or damages of any sort incurred as a result of dealings with off-web site links on the Site; computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party web sites.

SUBMISSIONS
Any inquiries, feedback, suggestions, ideas, photographs and images, or other information you provide us (collectively, “Submissions") will be treated as non-proprietary and non-confidential, subject to the terms of our Privacy Policy. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission, and that it does not infringe any third party’s intellectual property rights, does not invade any third party’s privacy, is not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent , misleading, prejudicial or otherwise injurious to third parties. You may not impersonate anyone in any posting, use a false e-mail address, or mislead anyone as to the source of any Content. You are solely responsible for any Content that you post on our Web site. We reserve the right to screen, remove or edit any such Content, but are under no obligation to do so. Under no circumstances will be liable for any Content posted by any visitor to our Web site or any damage caused by the posting of such Content.

You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.

When you post Content to our Site, you are automatically granting us and our affiliates a royalty-free, worldwide, non-exclusive, perpetual, fully sublicensable and irrevocable right to use, distribute, reproduce, modify, adapt, publish, display, translate and create derivative works from such Content in any form, media and technology, as well as the right to use your name in connection with such Content, if we so choose. You also acknowledge that your Submission may not be returned.

By submitting Content you also agree that we may keep records indicating that you are the source of Content, and any information related to your posting of the Content, and may disclose such information in our sole discretion, including, without limitation, in order to comply with law or legal process, to enforce the terms of these conditions of use, to respond to any complaint that such Content violates the rights of any third party, to respond to customer service requests or to assist in the protection of any person.

We reserve the right to select pictures for suitability of content. All photos will become the property of Silverlining Beauty LLC, and your submission grants Silverlining Beauty LLC, and assigns, the irrevocable and unrestricted right to use and publish photographs of you or in which you may be included in connection with “Going Gray, Looking Great,” including but not limited to on the Site, in advertising and publicity for the project, and in possible future editions of the book. Under no circumstances will the photographs be used in libelous, pornographic, disreputable, or unlawful ways. So long as the uses of the photographs do not exceed those described above, you hereby release Silverlining Beauty LLC and assigns from any claims and liability relating to the photographs of you, including claims of rights of privacy or publicity, however defined, including false light and libel or defamation.

INDEMNITIES
You acknowledge that the information contained in this Site is meant to provide an overview of all the many “looking great” options available today. It is in no way intended to be prescriptive. Silverlining Beauty LLC and the author expressly disclaim responsibility for any adverse effects that may arise from the use or application of any products or procedures described herein.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

You acknowledge that nothing contained in these Terms and Conditions shall be construed as creating any partnership, or other form of joint enterprise between us.

SILVERLINING BEAUTY LLC IS PROVIDING THIS SITE, ITS CONTENTS, AND ALL MERCHANDISE ON AN “AS IS” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. SILVERLINING BEAUTY LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

JURISDICTION
If you default in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Silverlining Beauty LLC, our affiliates, partners or licensors.

These Terms and Conditions are governed by the law of the State of New York, as would be applied to agreements made and wholly performed within that State. Any claim, dispute or action relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York City, and shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent you have in any manner violated our intellectual property rights, we may seek injunctive or appropriate relief exclusively in the state and federal courts in the State and County of New York; and you expressly consent to jurisdiction before those courts and waive objections to venue.

COMMENTS
If you have any comments or questions regarding these Terms and Conditions, please contact us at