Terms of USE.
Last modified February 2025
Please read these Terms of Use carefully before accessing our site. These Terms of Use govern your use of our Sites and affect your legal rights and obligations.
IMPORTANT: These Terms of Use (“Terms of Use”) form a legal agreement between Silva Gardens, LLC and its affiliates (collectively, “Company,” “we,” “our,” or “us”), which owns and operates the silvagaredens.com website, other interactive applications and any other services and pages that display or link to these Terms of Use (collectively, the “Sites”), and you (“you” or “You” or “Your”), a user of the Site. By accessing or using the Sites in any way, including without limitation browsing the Sites, using any information, and/or submitting any content or personal information via the Sites, you agree to and are bound by these Terms of Use, including without limitation conducting transactions electronically, certain third-party terms and conditions, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, venue selection, and a choice of Pennsylvani law. If you do not agree with any of these terms, you may not use the Site. We may revise and update these Terms of Use at any time.
Subject to your compliance with these Terms of Use, Company hereby grants you a free, limited, non-exclusive and non-transferable, personal, non-commercial license to use the Sites from within the United States, provided that: (i) your use of the Sites is solely permitted for your personal use, and you are not permitted to resell, redistribute, sublicense, enable any timesharing or service bureau use of the Sites, charge others for use of or access to the Sites, or use the Sites in any other manner inconsistent with these Terms of Use; (ii) you do not duplicate, transfer, give access to, copy, distribute or make available any part of the Site in any medium without Company’s prior written authorization; (iii) you do not attempt to reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, alter or modify any part of the Sites; and (iv) you fully comply with the terms and conditions of these Terms of Use in all respects.
Privacy and Security
Information provided through the Sites contains links to third-party websites that are not owned or controlled by Company. Information and views contained on third-party websites are not ours, and you should refer to the separate terms of use, privacy policies, and other rules posted on third-party sites before you use them. We do not author, endorse, edit, or monitor them, and cannot be responsible or liable for (i) the availability or content provided on linked third-party websites; (ii) third-party content accessible through linked third-party websites; (iii) any loss or damage you may incur from, or related to your use of or access to, linked third-party websites; or (iv) your dealings with any third parties found on or through linked third-party websites.Use of the Sites
As a condition of your use of the Sites, you warrant that you are a person in the United States who is 18 years of age or older and will not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. 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. Company has no obligation to monitor the Sites. You further agree that you will not: (i) interfere with or disrupt the integrity or performance of the Sites or the data contained therein or restrict or disrupt any other user from using and enjoying the Sites; or (ii) attempt to gain unauthorized access to the Sites or its related systems or networks.Your rights under these Terms of Use will terminate automatically without notice from Company if you fail to comply with any term(s) of these Terms of Use. Upon termination, you shall immediately cease all use of the Sites, and destroy all copies, full or partial, of the Sites. Company reserves the right to terminate your access to any or all of the Sites or to discontinue any aspect of the Sites at any time for any reason whatsoever without notice to you.
Your only remedy with respect to any dissatisfaction with (i) the Sites, (ii) any term of these Terms of Use, (iii) any policy or practice of the Company in operating the Sites, or (iv) any content or information transmitted through the Sites, is to discontinue use of any and all parts of the Sites.
You acknowledge that a breach of these Terms of Use would cause irreparable damage and harm to Company that could not be compensated for by monetary damages. Accordingly, in the event of a breach or threatened breach of these Terms of Use, Company shall be entitled to injunctive relief from a court of competent jurisdiction, without the posting of bond or other surety in addition to any other rights Company may have at law or in equity.Indemnification
You agree to indemnify, save, and hold the Company, its affiliates, contractors, employees, agents and its partners, licensors, and suppliers harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Sites, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.Intellectual Property Rights
The Sites and any and all intellectual property, trademarks, service marks, information, data, or other materials made available to You in connection with these Terms of Use, together with the design of the Sites, text, scripts, graphics, features, and other content and materials (“Content”) are the sole and exclusive property of Company and its licensors, and are available to You solely for purposes of Your use of, and access to, the Sites in accordance with these Terms of Use. The Content is owned by or licensed to Company and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title, and interests in and to the Sites and all copyrights, trade secret rights, patents, trademarks, and any other intellectual property or proprietary rights in and to the Sites shall at all times remain the exclusive property of Company and/or its licensors. Except for the limited rights granted herein, nothing in this Agreement shall transfer to You any right, title, or interest in or to any Content.Eligibility
The Sites are not available to persons under the age of 18 years old, persons residing outside of the United States, or to any users previously suspended or removed from the Sites by the Company. By using the Sites, you represent that you are at least 18 years old, reside within the United States, and have not been previously suspended or removed from the Sites.Privacy Policy
Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this notice carefully for information relating to our collection, use, and disclosure of your personal information.Warranty Disclaimers
We provide the Sites to you free of charge, for your convenience, and without warranty of any kind. Accordingly, you acknowledge and agree that Company is not responsible in any way for the completeness or accuracy of any data or information made available to you through the Sites, or result from such data or information.
THE SITES AND THE CONTENT, MATERIALS AND INFORMATION AVAILABLE ON THE SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INTERFERENCE WITH YOUR OPERATION OR ENJOYMENT OF THE SITES. NOR DO WE PROVIDE ANY WARRANTY REGARDING THE SECURITY OR AVAILABILITY OF THE SITES, THAT THE SITES ARE FREE FROM ERROR, OR WITH REGARD TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED DURING YOUR USE OF THE SITES.Limitation of Company’s Liability
EXCEPT AS EXPRESSLY PROVIDED BELOW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO COMPANY’S OPERATION OF THE SITES, YOUR USE OF THE SITES OR THIS AGREEMENT. COMPANY SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY. THE LIMITATIONS ON COMPANY’S LIABILITY EXPLICITLY APPLY TO CLAIMS BASED UPON ALLEGED NEGLIGENCE BY COMPANY. THE LIMITATIONS ON COMPANY’S LIABILITY ALSO APPLY REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.
The only damages recoverable by you under this agreement are direct damages up to the amount of money you have paid Company for the Sites in the 12 months preceding the event giving rise to direct damages. Currently, Company is providing the Sites for free, so you understand that unless Company imposes a charge for use of the Sites in the future (and you pay Company for the Sites prior to an event giving rise to direct damages), you are unable to recover from Company even direct damages that might arise from Company’s operation of or your use of the Sites.
The limitations on Company’s liability to you contained in this agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses.
The intention of the limitations stated in this agreement is to disclaim any liability whatever to you pertaining to your voluntary use of the Sites for as long as the Sites are provided free of charge. If any provision in this agreement limiting Company’s potential liability to you is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable, limits that would preclude or limit the same liability, and to the extent any liability against Company might exist because of such a determination, that liability shall be capped at no more than $100 in total or the actual amount of the damages determined to be recoverable, whichever is less.
Some applicable laws might impose restrictions regarding the extent to which certain warranties may be disclaimed or to which certain damages may be limited in some circumstances. Accordingly, some of the warranty disclaimers and liability limits set forth above may not apply to you. You agree nonetheless that all such disclaimers as are permitted by applicable law shall apply to you, and that Company’s liability to you shall be limited to the maximum extent permitted by applicable law.Copyright Infringement
In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), we have an agent to receive notifications of alleged copyright infringement associated with the Sites. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us at info@silvagardens.com or at the address at the end of this page. When notifying us of the alleged copyright infringement please provide us with the following information:a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
identification of the copyrighted work alleged to have been infringed;
a description of the material that is claimed to be infringing and information sufficient to locate the material on the Sites;
information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an email address;
a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.
If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.
General
You agree that the Sites shall be deemed solely based in the Commonwealth of Pennsylvania. These Terms of Use shall be governed by the laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Sites shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Pennsylvania. You hereby agree that any dispute arising out of or relating in any way to these Terms of Use or your use of the Sites and/or any information, materials or services you obtain from us requires that such claim be resolved exclusively by confidential binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in a court of competent jurisdiction in the Commonwealth of Pennsylvania. The arbitration shall be conducted in Pennsylvania, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
Since the use of these Sites requires the arbitration of any claims or disputes existing between the parties, neither party will have the right to pursue that claim in court or before a judge or jury or to participate in a class action or any other collective or representative proceeding. The arbitrators’ decision will be final and binding. Other rights that either party would have if such party went to court, including without limitation, the right to conduct discovery or to appeal, may be limited or unavailable in arbitration. The award of the arbitrators may be enforced in any court having jurisdiction. Each party hereby consents (i) to the non-exclusive jurisdiction of the state or federal courts located in Pennsylvania for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce Company’s intellectual property rights, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed, and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Pennsylvania. If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.Changes to the Terms of Use
Company may change these Terms of Use at any time by posting a subsequent version on the Sites. You are responsible for periodically reviewing the Terms of Use as they appear on the Sites and to discontinue your use of the Sites in the event you do not agree to any changes that have been made to the Terms of Use. You agree that your continued use of the Sites following any such changes constitutes your acceptance of the new Terms of Use, regardless of whether we’ve provided any notification to you that those terms have changed. We will make reasonable efforts to notify you of any significant changes we might make.
Similarly, Company in its sole discretion may change any of the documents associated with the Sites, including our Privacy Policy, by posting updated versions of such documents on the Sites at any time. As with the Terms of Use, it is your responsibility to periodically review the associated documents for changes and you agree that your continued use of the Sites following any changes to those documents constitutes your acceptance of all such changes.Severability
All provisions of this agreement are intended to apply to the maximum extent permitted by law. If any provision (or part of any provision) is held to be invalid or unenforceable by any court or other authority with jurisdiction to make such a determination, then such provision (or part) will be deemed removed from the agreement, but all other terms and conditions will remain in full force and effect. You further agree that, to the extent legally permissible, any provision (or part of any provision) so removed shall be replaced with another provision designed to achieve a result as near as possible to that of the provision (or part) so removed to the maximum extent permitted by law.Contact Information
If you have any questions about these Terms of Use, our practices, or our Sites, please contact us at info@silvagardens.com. You also may contact us at:
Silva Gardens, LLC
Attention: Legal Department
207 E London Grove Rd
West Grove, PA 19390