Silvernest.com Terms of Use

The Effective Date of these Terms of Use is February 18, 2016

The website www.silvernest.com (identified herein as the "Site") and the web pages thereof along with the mobile application offered for download from third-party online marketplaces (the “App”) are owned and operated by Silvernest, LLC, Colorado limited liability company ("Silvernest, LLC and silvernest.com" or “we”). Please read the following sections carefully, as they contain the terms and provisions governing your use (the “Terms of Use”) of the Site and the App. Additionally, you should review our Privacy Policy. Inquiries or concerns regarding these Terms of Use or the Privacy Policy may be sent by any of the following: via e-mail to hello@silvernest.com or by mail to Website Inquiries, Silvernest, LLC and silvernest.com, Silvernest, LLC and silvernest.com,1630 A 30th ST #279 Boulder CO 80301

PLEASE READ THE FOLLOWING TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE OR THE APP. BY USING THE SITE OR THE APP, YOU SIGNIFY YOUR ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT USE THE SITE.

BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND OTHERWISE LEGALLY ABLE TO ENTER INTO A CONTRACT.

TERMS OF AGREEMENT

The Terms of Use and Privacy Policy constitute a legally binding agreement (the “Agreement”) between you (“you or the “User”) and Silvernest, LLC and silvernest.com. Silvernest, LLC has the right to modify this Agreement or these Terms of Use at any time without notice. Changes in these Terms of Use may be posted on this page, without other written, verbal, or electronic communication. Every time the User uses the Site, the User is agreeing to the then-current Terms of Use.

DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES

1.1 Our Services

On the Site and App, we offer various Services to help its users find, evaluate and connect with compatible roommates. The Services we offer include, among others:

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2. Limitations of Our Services

We offer a variety of Services to help our users find, evaluate and connect with compatible roommates. However, we do not have an agency, brokerage or other contractual relationship with any Homeowners and Renters, except as specifically provided by the Site or the App. Except as set forth below, Renters are the potential tenants of Homeowners and each Renter and Homeowner are responsible for compliance with all applicable laws in connection with any tenant-landlord relationship they might establish while using the tools available on the Site.

Further, we do not have control over the quality, condition, habitability, suitability for your needs, or legality of the accommodations actually provided by Homeowners, nor of the integrity, responsibility or actions of Homeowners or Renters. We do not refer or recommend either Homeowners or Renters nor do we make any representations about the suitability or reliability of Renters or the integrity, responsibility or actions of Homeowners or Renters whether in public, private or offline interactions.

We may provide Homeowners and Renters a customized list of potential individuals to consider based on the information the Homeowner or Renter provides us regarding their needs and preferences. In providing these services, we are not making a referral to, or endorsing, any individual nor engaging in any conduct that requires a professional license of any kind.

Homeowner and Renter content is primarily user generated, and we do not control or vet user generated content for accuracy or completeness as a general matter. Silvernest.com does not assume any responsibility for the accuracy, completeness, or reliability of any information provided by Homeowners or Renters on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.

Silvernest.com is not responsible for the conduct, whether online or offline, of any Homeowner, Renter or other user of the Site or Services. Moreover, Silvernest.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Homeowners and Renters, hereby expressly agree not to hold Silvernest.com (or Silvernest.com's officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers (collectively, “Affiliates”)) liable for the actions or inactions of any Homeowner, Renter or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, Silvernest.com and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

1.3. User Responsibilities

Any screening of a Homeowner or Renter and his, her or its information by Silvernest.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as a Renter. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting a Homeowner or Renter appropriate for themselves or their family.

Please visit our Help Section for recommendations on how to make more informed decisions. Each Homeowner is also responsible for complying with all applicable laws, rules, and regulations in connection with any landlord-tenant relationship they may establish, including verifying the age of the Renter they select as well as the Renter’s eligibility.

2. USER REGISTRATION; USER REPRESENTATIONS AND WARRANTIES

2.1 User Registration

You may be required to register in order to access certain features of the Site. You will choose a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Silvernest, LLC and silivernest.com cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

2.2 User Representations and Warranties

By registering on the Site, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, address, and/or telephone number when registering on the Site. By registering with the Site, you consent to receive periodic communication from Silvernest, LLC and silvernest.com by e-mail regarding the status of your account or other information associated with your account. For more information in how Silvernest, LLC and silvernest.com may use the information you provide during registration, please see the Privacy Policy.

3. RULES FOR USER CONDUCT AND USE OF SERVICES

3.1 Registration, Posting, and Content Restrictions

The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through Silvernest.com's Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:

3.2 Exclusive Use

The Site is for personal use only and no User may use the Site in connection with a commercial endeavor. If you are a Homeowner, you may use your account only to find prospective roommates only for your own residence or for the residence of a parent or other family member. If you are a Renter, you may use your account only to find accommodations for yourself, a parent, or family member. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

3.4 No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to Silvernest, LLC and silvernest.com that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites. The following activities are expressly prohibited from the Site:

4. BACKGROUND AND VERIFICATION CHECKS

4.1 Renters Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members

Silvernest.com offers the following background check services from consumer reporting agencies: Tenant Preliminary, Tenant Standard, and Tenant PRO background checks (collectively "Background Checks"). The third party background check vendor is State and Federally compliant with the Fair Credit Reporting Act (the “FCRA”). Background Checks are ordered by Homeowners subject to the written authorization of the Renter who is the subject of the check. The other Background Check services require payment of a separate fee by the Member who is initiating the background check request.

Each of these Background Check services are regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from these services are considered "consumer reports" under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.

Silvernest.com will receive a copy of each Background Check you order or authorize through Silvernest.com. See Section 4.3 below for information regarding Silvernest.com's use of these Background Checks. If you order a preliminary, standard or PRO Background Check about yourself, you will be emailed a copy of the results if it does not come back “clean”. “Clean” signifies that the individual who is the subject of the background check has no criminal records, has a social security number that has been verified, is not on any sex offender registry, is not on the terror watch list, and has not been evicted in the last 5 calendar years. You are responsible for making sure that the email address you provide to Silvernest.com is correct, knowing that sensitive information will be sent to it. If your report is not “clean” your Silvernest.com account will be terminated immediately and you will receive no refunds.

If you order a preliminary, standard, or PRO Background Check in response to a request by a Homeowner who is considering offering accommodation to you and the check comes back clean or with information that does not result in Silvernest.com suspending or terminating your account, we will forward the check to the Homeowner who requested it in accordance with your authorization at the time you ordered the check. The results of any preliminary, standard, or PRO Background Check you order that results in Silvernest.com suspending or terminating your account will not be shared with other users.

If a Homeowner orders a premier background check pursuant to your written authorization, the consumer reporting agency that performed the check will provide it directly to the Homeowner who ordered it based on your authorization that the Homeowner obtains the check. The results of a premier background check ordered by a Homeowner pursuant to your written authorization will be shared directly with the Homeowner regardless of its contents.

If you have ordered a Background Check through Silvernest.com, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or Registered User without your specific consent.

4.2 Special Responsibilities of Homeowners under FCRA

Homeowners may request and receive a copy of a Background Check on a Renter, subject to the Renter's explicit instructions about who may have access to such a report.

If you receive a copy of a background report, you represent and warrant that you will use such information only for a purpose permitted by FCRA, and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws.

Your responsibilities in using the information contained the background check can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. FCRA governs the use of reports obtained from a consumer reporting agency, such as the third party consumer reporting agencies we use.

If there is negative data in a check you receive, and you choose to take "adverse action" (i.e. choose to pass on that individual's candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject's right to contest the accuracy or completeness of the report. Moreover, if the subject contests the report with the consumer reporting agency, you are required to suspend the renting process while the agency researches the accuracy and completeness of the report.

4.3 Silvernest.com May Review and Use Background Checks You Order or Authorize About Yourself

By using the Site or Services as a Renter, you acknowledge and agree Silvernest.com may review and use any Background Checks you have ordered or authorized about yourself for the legitimate business purpose of protecting the safety and integrity of our Site and its users and reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed.

If Silvernest.com terminates your membership or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Silvernest.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not Silvernest.com.

4.4 Silvernest.com May Order and Use Background Checks About You

By using the Site or Services as a Homeowner or Renter, you hereby acknowledge and agree that Silvernest.com has the right, but not the obligation, to use a third party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of our Site and its users ("Internal Background Checks"). Silvernest.com may order these checks when you register with Silvernest.com and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).

These Internal Background Checks are also regulated by the Fair Credit Reporting Act (the "FCRA"), and the background reports resulting from these services are considered "consumer reports" under the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.

You understand and agree that Silvernest.com may review the information provided by the third party consumer reporting agency and that Silvernest.com retains the right to terminate your Silvernest.com registration based on the information it receives from these checks, even if such information was subsequently dismissed. If Silvernest.com terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Silvernest.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not Silvernest.com) within the time period specified in your notice.

BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW SILVERNEST.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SILVERNEST.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.

4.5 Silvernest.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties

By registering as a Renter or Homeowner, you authorize Silvernest.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Silvernest.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2.2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, prior evictions list, law enforcement reports, and other data.

You agree that Silvernest.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Silvernest.com.

You also hereby represent, understand and expressly agree that Silvernest.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.

BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW SILVERNEST.COM TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SILVERNEST.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

4.6 Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks

If you decide to use or access information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal database, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.

If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless Silvernest.com from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Silvernest.com does not assume and expressly disclaims, and you hereby agree to release Silvernest.com from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.

You expressly acknowledge that Silvernest.com has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Silvernest.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.

5. USER SUSPENSION AND/OR TERMINATION

Silvernest, LLC and silvernest.com may cancel or terminate the User’s right to access or use any part of the Site at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on the User regarding information downloaded or obtained from the Site shall survive any cancellation or termination of the User’s right to use the Site.

6. MATERIALS PROVIDED TO SILVERNEST, LLC AND SILVERNEST.COM OR POSTED ON THE SITE

Silvernest, LLC and silvernest.com does not claim ownership of the materials or ideas that you provide to Silvernest, LLC and silvernest.com (including feedback and suggestions) or post, upload, input or submit to Silvernest, LLC and silvernest.com through your use of the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Silvernest, LLC and silvernest.com, its affiliated companies and necessary sublicensees permission to use your Submission an unlimited, irrevocable, worldwide, perpetual, sublicensable and royalty-free license to use the Submission for any purpose including, without limitation, the rights to use the information in furtherance of any commercial purpose, and to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to Silvernest, LLC and silvernest.com use of your Submission. Silvernest, LLC and silvernest.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Silvernest, LLC and silvernest.com’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you represent and warrant that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license above.

7. INTELLECTUAL PROPERTY RIGHTS

The Site and all materials available on it are the property of Silvernest, LLC and silvernest.com, its licensors, or its users and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Silvernest, LLC and silvernest.com, our licensors’, or our users’ intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal use and records.

8. COPYRIGHT NOTICES AND COMPLAINTS (MAKE SURE THIS COMPLIES WITH SAFE HARBOR PROVISIONS OF DMCA)

Silvernest, LLC and silvernest.com respect the intellectual property of others. It is Silvernest, LLC’s and silvernest.com’s policy to respond to notices of alleged copyright infringement in accordance with the provisions of the Digital Millenium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Silvernest, LLC and silvernest.com’s copyright agent with the following information.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. Description of the copyrighted work that you claim has been infringed;
  3. The location of the material that you claim is infringing is located on the Site;
  4. Your address, telephone nuber and email address;
  5. A statement that your claim of infringement is based on a good faith belief; and
  6. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Silvernest, LLC and silvernest.com’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: hello@silvernest.com

In an effort to protect the rights of copyright owners, Silvernest, LLC and silvernest.com maintain a policy for the termination, in appropriate circumstances, of Member and other users of this Site who are repeat infringers.

9. LINKS TO THIRD PARTY SITES

Any links to other websites not owned or operated by Silvernest, LLC and silvernest.com are provided solely as a convenience for the User. Silvernest, LLC and silvernest.com’s listing of any third party does not create a partnership or affiliation with the third party. Silvernest, LLC and silvernest.com’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. The User shall make a competent consumer decision before employing the services of any listed third party professional or service provider. The User bears all risk associated with the employing of any third party and obtaining their goods or services.

10. PAYMENT AND REFUND POLICY

In order to utilize some Silvernest.com Services or product offerings, the user of such Services or product offerings must pay Silvernest.com either a recurring subscription or one-time fee. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.

10.1 Billing and Payment

If you sign up for a Silvernest.com paid membership subscription, you agree to pay Silvernest.com all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize Silvernest.com to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. Silvernest.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize Silvernest.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Silvernest.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.

10.2 Refund Policy

Except as set forth below, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Silvernest.com does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account. In addition, Silvernest.com reserves the right to immediately downgrade or cancel your membership after payment of your refund.

If you elect to reuse or renew the Services, or parts of the Services, the then-current above refund policy and these Terms of Use shall apply each time to your use of the Services.

10.3 Promotions

Silvernest.com may offer limited-time promotions to certain users from time-to-time, with such promotions including reduced fees for some services. Users who sign up for a Silvernest.com Service on a promotional basis may have limited access to the Service and/or features of the Site. If a user signs up for a promotional service, after the expiration of the promotion or promotional period, the user will be charged the then-current price for other services purchased.

10.4 Facilitation of Payments

All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). Silvernest.com may replace its third-party payment processing services without notice to you.

Payment processing services for Silvernest.com are provided by Stripe and are subject to the Stripe Connect Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms and through your continued use of Silvernest.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Silvernest.com enabling payment processing services through Stripe, you agree to provide Silvernest.com accurate and complete information about yourself, and you authorize Silvernest.com to share it and transaction information related to your use of payment processing services provided by Stripe.

11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION

11.1 No Warranty

THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SILVERNEST, LLC AND SILVERNEST.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SILVERNEST, LLC AND SILVERNEST.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, THE SITE, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. SILVERNEST, LLC AND SILVERNEST.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11.2 Assumption of Risk

You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in Silvernest.com's Help Section and FAQs , when interacting with other site visitors or Registered Users.

11.3 Limitation of Liability

IN NO EVENT SHALL SILVERNEST, LLC AND SILVERNEST.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SILVERNEST, LLC AND SILVERNEST.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SILVERNEST, LLC AND SILVERNEST.COM’S LIABILITY TO ANY USER OF THE SITE SHALL BE LIMITED TO THE FEES PAID BY SUCH USER TO SILVERNEST, LLC AND SILVERNEST.COM FOR ANY PRODUCTS OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE.

11.4 Indemnification

You agree to indemnify Silvernest, LLC and silvernest.com and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this Agreement.

11.5 Certain Provided Resources

From time to time, we may make available certain resources including a form of lease agreement and information regarding local regulations. These resources are provided for informational purposes only. We do not provide legal or other advice and each User should obtain local professional legal, tax, and other counsel on all matters relating to offering or obtaining accommodation through Silvernest.com. You acknowledge and agree that the provision of these resources is not legal or financial advice to you and nor does it constitute the practice of law.

12. GENERAL (GOVERNING LAW AND JURISDICTION/MISCELLANEOUS)

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Colorado, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Boulder County, Colorado, U.S.A. in all disputes arising out of or relating to the use of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Silvernest, LLC and silvernest.com as a result of this Agreement or use of the Site.

Silvernest, LLC and silvernest.com performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Silvernest, LLC and silvernest.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Silvernest, LLC and silvernest.com with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Silvernest, LLC and silvernest.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Silvernest, LLC and silvernest.com with respect to the Site.

13. CONTACT INFORMATION

If you have any questions or need further information as to the Site or Services provided by silvernest.com, or need to notify silvernest.com as to any matters relating to the Site or Services please contact silvernest.com at:

  1. Email webmaster at hello@silvernest.com
  2. Contact us at: Silvernest, LLC dba silvernest.com 1630 A 30th ST Boulder CO 80301 1-866-757-NEST