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Terms and Conditions

SilentTimer.com refers to the website owned and operated solely by Silent Technology LLC. By using SilentTimer.com, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms and Conditions"). If you do not agree to these Terms and Conditions please do not use this site. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. Our privacy policy follows these Terms and Conditions.

LICENSE AND SITE ACCESS

Silent Technology LLC grants you a limited license to access and make personal use of this site. You agree not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Silent Technology LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Silent Technology LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Silent Technology LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing Silent Technology LLC's name or trademarks without the express written consent of Silent Technology LLC. Any unauthorized use terminates the permission or license granted by Silent Technology LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Silent Technology LLC so long as the link does not portray Silent Technology LLC or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Silent Technology LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

USE OF SITE BY CHILDREN

Silent Technology LLC does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use SilentTimer.com only with involvement of a parent or guardian. Silent Technology LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

ELECTRONIC COMMUNICATIONS

When you visit SilentTimer.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

Any communications with Silent Technology LLC becomes the property of Silent Technology LLC.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through SilentTimer.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Silent Technology LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on SilentTimer.com.

LINKS

SilentTimer.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Silent Technology LLC has no control over such sites and resources, you acknowledge and agree that Silent Technology LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Silent Technology LLC 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 Content, goods or services available on or through any such site or resource.

PRODUCT DESCRIPTIONS

Silent Technology LLC attempts to be as accurate as possible. However, Silent Technology LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Silent Technology LLC itself is not as described, your sole remedy is to return it in unused condition, and you will be refunded in full for the cost of the product but not any associated shipping charges.

PRICING

Silent Technology LLC reserves the right to change the price of The Silent Timer™ and any of its other products at any time, with changes effective immediately upon posting on SilentTimer.com. However, the total cost reflected on the Confirm Order page will be the amount charged to your credit card. Price changes occurring after your purchase do not affect the amount charged to your credit card, and you will not be penalized or rewarded for such changes.

ORDER ACCEPTANCE

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Silent Technology LLC reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

TEST TAKING AND SCORES

Although The Silent Timer™ is made with standardized tests in mind, Silent Technology LLC does not take responsibility for its use during the actual test. If a proctor or other authority does not allow the use of The Silent Timer™ during testing, Silent Technology LLC does not take responsibility for any consequences suffered by the user, such as cancelled scores or seizure of The Silent Timer™. Silent Technology LLC also makes no guarantees or promises that scores will either increase, decrease, or remain the same, and therefore does not take responsibility for your score. As a purchaser of the product, you take full responsibility for your use of the product and for checking with the testing company regarding the legality of the product during your test. You release Silent Technology LLC of all liability in the manner of your use of the product.

RISK OF LOSS

Silent Technology LLC passes the risk of loss and title for items purchased from Silent Technology LLC to you upon our delivery to the carrier. Items lost or stolen during shipping are not the responsibility of Silent Technology LLC. If an error was made on our part, we will fix it.

APPLICABLE LAW
By visiting Silent Technology LLC, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Silent Technology LLC.

DISPUTES

Any dispute relating in any way to your visit to SilentTimer.com or products you purchase through Silent Technology LLC shall be submitted to confidential arbitration in Austin, Texas, except that to the extent you have in any manner violated or threatened to violate Silent Technology LLC’s intellectual property rights, Silent Technology LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s reward 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 part subject to this Agreement, whether through class arbitration proceedings or otherwise.

INDEMNIFICATION

Upon a request by Silent Technology LLC, you agree to defend, indemnify, and hold harmless Silent Technology LLC and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Silent Technology LLC reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Silent Technology LLC in asserting any available defenses.

INTERNATIONAL USE

Silent Technology LLC makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Silent Technology LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Silent Technology LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Silent Technology LLC or its software suppliers and protected by United States and international copyright laws.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Silent Technology LLC's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Silent Technology LLC that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Silent Technology LLC's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Christina McMillan
Copyright Agent
Silent Technology LLC Legal Department
3415 Greystone Drive, Suite 103
Austin, TX 78731
Phone: (512) 340-0338
Fax: (512) 532-6187
E-mail: copyright@silenttimer.com

TRADEMARKS

THE SILENT TIMER, TIMING MATTERS, and other marks indicated on our site are trademarks of Silent Technology LLC in the United States and other countries. Other Silent Technology LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Silent Technology LLC. Silent Technology LLC's trademarks and trade dress may not be used in connection with any product or service that is not Silent Technology LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Silent Technology LLC. All other trademarks not owned by Silent Technology LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Silent Technology LLC.

All trademarks are held by their respective holders.

None of the above entities (or any other entities not listed here) is affiliated with Silent Technology LLC and none endorse any of the products or services described on this Web site.

PATENTS

The Silent Timer™ is patent pending with the United Stated Patent and Trademark Office. No reproduction of this product or any other similar testing product may be produced without the express written consent of Silent Technology LLC. All violations will be persecuted to the fullest extent of the law.

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED BY SILENT TECHNOLOGY LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. SILENT TECHNOLOGY LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SILENT TECHNOLOGY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SILENT TECHNOLOGY LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SILENT TECHNOLOGY LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SILENT TECHNOLOGY LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SILENT TECHNOLOGY LLC BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON SILENT TECHNOLOGY LLC SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SILENT TECHNOLOGY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SILENTTIMER.COM, FROM INABILITY TO USE SILENTTIMER.COM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SILENT SILENTTIMER.COM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SILENTTIMER.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON SILENTTIMER.COM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON SILENTTIMER.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON SILENTTIMER.COM. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SILENTTIMER.COM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, SILENTTIMER.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TERMINATION

Silent Technology LLC reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

TERMS AND CONDITIONS REVISIONS

Silent Technology LLC reserves the right to make changes to the SilentTimer.com site, posted policies, and these Terms and Conditions at any time without notice. By using this site, you agree to be bound to these Terms and Conditions and any revisions and should therefore check periodically for updates. If you disagree or do not wish to comply with the Terms and Conditions, then do not use or access the site.

Last Revised: September 7, 2005