These Terms of Use (\u201cTOU\u201d) were last updated May 20, 2022.<\/p>\n\n\n\n
Welcome to SilverLiningMoments.com, which is provided by Kerry Raleigh d\/b\/a Silver Lining Moments (collectively \u201cSLM\u201d, \u201cwe\u201d, \u201cour\u201d, or \u201cus\u201d). At is core, this Site is here to create a space where we expand love, light, and goodness in the world. On this Site, you can learn more about our vision, services, products, and community. These TOU apply to this website, SilverLiningMoments.com<\/a>, and to the interactive features, downloads, applications, and widgets that a post al ink to these TOU regardless of whether accessed via computer, mobile device or otherwise (collectively, the “Site”).<\/p>\n\n\n\n In these TOU, you are referred to as \u201cyou\u201d, \u201cuser\u201d, and \u201cyour\u201d. These TOU use \u201cParties\u201d when referring to both you and SLM and \u201cParty\u201d when referring to just you or SLM.<\/p>\n\n\n\n BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TOU WHICH CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US.<\/strong><\/p>\n\n\n\n If you do not agree with these TOU or if any of these terms are unacceptable to you, leave the Site immediately and do not use it. Your continued use of this Site now, or following the posting of any changes in these TOU, indicates your acceptance and agreement to these TOU. <\/p>\n\n\n\n Please also carefully review this Site’s Privacy Policy<\/a> which governs the collection and use of information about you when you visit the Site, when you sign up for GET a SLM or GIVE a SLM, interact with this Site, or contact us through this Site.<\/p>\n\n\n\n We reserve the right to do any of the following, at any time, without notice: <\/p>\n\n\n\n Table of Contents<\/strong><\/p>\n\n\n\n Unless otherwise explicitly specified, this Site and all materials that are included in or are otherwise a part of the Site (including present and future versions), including, without limitation, graphics, layout, text, instructions, images, books, periodicals, audio, videos, widgets, designs, advertising copy, compilations, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site, the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by Kerry Raleigh d\/b\/a Silver Lining Moments (\u201cSLM\u201d), and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.<\/p>\n\n\n\n The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express written permission of SLM, unless and except as is expressly provided in these TOU. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.<\/p>\n\n\n\n This Site is provided for your personal use. Subject to your strict compliance with these TOU, <\/p>\n\n\n\n You may download, view, display, use and\/or play a single copy of the Materials (excluding source and object code)on this Site for your personal, non-commercial use personal use as long as:<\/p>\n\n\n\n (1) you keep intact all trademark, copyright and other proprietary notices contained in the Materials or any copy you may make of the Materials; <\/p>\n\n\n\n (2) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; <\/p>\n\n\n\n (3) you do not use the Materials in any ways that causes confusion among consumers as to source of the Materials and or that disparages or discredits SilverLIningMoments.com;<\/p>\n\n\n\n (4) you make no modifications to the Materials; <\/p>\n\n\n\n (5) you do not allow or aid or abet any third party (whether or not for your benefit): <\/p>\n\n\n\n (i) to copy or adapt the source or object code of any of the Site’s software, HTML, JavaScript or other code; or (6) you do not insert any code or product to manipulate the Materials in any way that affects any user’s experience;<\/p>\n\n\n\n And, only if,<\/strong> you also agree that you will: <\/p>\n\n\n\n The Site provides you and others the opportunity to GIVE a SLM. When you GIVE a SLM, you are sharing a story, photograph, and\/or video to us. These are examples of your User Content.<\/p>\n\n\n\n The Site may also provide you opportunity to participate in forums, blogs, message boards, social networking, social communities and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Site.<\/p>\n\n\n\n Information or content you provide to us through this Site, email, or our social media pages are collectively referred to as \u201cUser Content\u201d. (collectively, “User Content”) <\/p>\n\n\n\n Generally, you own your User Content & you are responsible for your User Content.<\/strong><\/p>\n\n\n\n Except as otherwise provided in these TOU, you or the owner of any content that you post to our services keep your ownership of all rights, title, and interests in that content. However, you give SLM a license (permission) to use your User Content as specified in these TOU.<\/p>\n\n\n\n You agree that you either: <\/p>\n\n\n\n If you are not sure if you have these rights, please do not post or share the User Content with us.<\/p>\n\n\n\n Upon SLM’s request, you will give SLM any documentation, substantiation or releases necessary to verify your compliance with these TOU and\/or your rights to your User Content. <\/p>\n\n\n\n You also acknowledge that the Internet may be subject to breaches of security. Please be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting or distributing any information, including, without limitation, User Content to the Site or other third parties.<\/p>\n\n\n\n You give us permission to use your User Content. <\/strong><\/p>\n\n\n\n By posting or submitting your User Content on this Site, or by sharing User Content with us in any including on this Site, through email, or on social media pages, you give us and our designees a license to use your User Content without limitation. <\/p>\n\n\n\n The legal way of saying this is \u2013 <\/p>\n\n\n\n You grant SLM and our assigns, agents, and licensees an unrestricted, unconditional, non-exclusive, irrevocable, royalty-free, perpetual, worldwide right and license to host, use, adapt, copy, create derivative works, and syndicate your User Content in any medium and through any form of technology or distribution distribute, redistribute, reproduce, disclose, sell, re-sell, syndicate, sublicense, display, perform, transmit, promote, publish, broadcast, modify, reformat, remix, translate, archive, store, cache or otherwise use in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. <\/p>\n\n\n\n You further agree that SLM is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without remuneration of any kind. You further perpetually and irrevocably grant us the unconditional right to use your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or remuneration to you. You also grant to SLM the right to sublicense and authorize others to exercise any of the rights granted to SLM under these TOU; and each such third party will be entitled to benefit from the rights and licenses granted to SLM under these TOU.<\/p>\n\n\n\n You further authorize SLM to publish your User Content in a searchable format that may be accessed by users of the Site and other websites. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit.<\/p>\n\n\n\n If you access SLM through another web service or widget provided by a third party, such as Facebook or Twitter, your User Content posted on SLM may appear on those third party sites and other sites with whom you or they have access and share content. <\/p>\n\n\n\n You agree that SLM has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that SLM may review, monitor, display, accept or exploit any User Content, and SLM may, in its sole discretion, delete, move, re-format, edit, distribute, block, alter, distort, remove or refuse to use your User Content without notice or liability to you. SLM reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which SLM will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth below in our Community Rules when notice of such violations are brought to SLM’s attention. We may remove User Content posted on our Site and our social media pages at any time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. <\/p>\n\n\n\n You understand that SLM is not obligated to use your User Content and that you will\u00a0not\u00a0receive any consideration or compensation (payment) for your User Content or for our use or exploitation of it.<\/p>\n\n\n\n We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Content (but not your original content). You own your original User Content.<\/p>\n\n\n\n IF THESE TERMS ARE UNACCEPTABLE TO YOU, YOU MUST NOT<\/u> POST, EMAIL, SUBMIT, OR IN ANY WAY GIVE YOUR USER CONTENT TO US<\/strong>.<\/p>\n\n\n\n What does this all mean? <\/strong><\/p>\n\n\n\n By way of example only, let\u2019s say you GIVE a SLM by sharing a photograph with us. (Thank you by the way!) That photograph is your User Content. When you share this photograph, you represent that it is either your photograph that you took or that you have the right to: (1) share it with us and (2) give us the permission to use it however we want. We may now use that photograph without limitation and without having to pay you anything. <\/p>\n\n\n\n Some ways that we may use that photograph include:<\/p>\n\n\n\n We may come up with additional ways to use your photograph in the future. Or, we may decide to not use your photograph in anyway. If, or how we use your photograph is completely up to us. We do not have to pay you for your photograph. Even if we make money from using your photograph, such as by including it in a Journal that we successfully sell, we do not have to pay you anything. <\/p>\n\n\n\n Reading this may sound unfair and one-sided. We ask that you understand the time, effort, and costs that we put into our services, our posts, our Journals, and any products or services that we may develop. We also hope that SLM grows where millions of people Give a SLM to us. Paying each person would make it impracticable and ultimately impossible to use any User Content. By giving us your User Content, you give us permission to use it without limitation and without any payment to you. We hope that by knowing your User Content may be used in ways that are aligned with adding some good, positive energy, light, and love to the world brings value to you.<\/p>\n\n\n\n If these terms are unacceptable to you, you must NOT communicate, share, or transmit any User Content to us.<\/strong><\/p>\n\n\n\n At this time there are three was for you to GIVE a SLM: (1) Share a SLM photograph, (2) share a Silver Lining Moment story, and\/or (3) write a nice note or comment to us or about us on your social media pages. All of these would be your User Content and you give us the rights and permissions set forth in these TOU. <\/p>\n\n\n\n Share a SLM Photograph<\/p>\n\n\n\n A SLM photograph is any photograph that shows a silver lining around a cloud or through a cloud, or shows sun rays beaming, or even reflections of light from the moon, and so on. Each one reminds us that there is light even in dark moments. Take a look at some SLM photos from around the world on this Site\u2019s Home page.<\/p>\n\n\n\n When you send us your SLM photo, please let us know where the photo was taken and how you would like your name to appear with the photograph. If you do not want your name to appear with your photograph, just specify \u201cNo Name\u201d or something like that.<\/p>\n\n\n\n Share a SLM story<\/p>\n\n\n\n A SLM story is any experience that reminded you the light in yourself, in others, in your conversations, in any of your moments. Check out What is a SLM<\/a>? on the this site\u2019s About page. When you share your SLM story, please let us know how you would like your name to appear. If you do not want your name to appear with your SLM story, just specify \u201cNo Name\u201d or something like that.<\/p>\n\n\n\n Writing a Note or Comment<\/p>\n\n\n\n For your communications to us on this Site, look at the Communications Section of these TOU. If you write a nice note or comment about SLM on your social media pages, please be sure to connect with us and tag us. Also, this is a reminder that your social media are outside of our control and are subject to the applicable third party\u2019s terms of use and privacy policy. <\/p>\n\n\n\n When you GIVE a SLM, you are a SLM to us. Your SLM photos, stories, and kind words are fuel to our spirit, our vision, and purpose. Thank You!<\/p>\n\n\n\n Information or material that you communicate or transmit to or from is not confidential except if otherwise stated in these TOU. <\/p>\n\n\n\n When you communicate or transmit information or materials to us via this Site SilverLiningMoments.com<\/a> , you grant to us and our designees a license to use that information and material without limitation. You waive all rights to any claims against us or our designees for any alleged or actual infringements of any rights associated with your communications or transmissions.<\/p>\n\n\n\n Types of communications and transmissions include stories you\u2019ve submitted, email correspondence, discussion board postings, chat room transcripts, and the like. There are no relationships, duties, responsibilities, or obligations of any kind between you and Silver Lining Moments or our designees that are created by your communications and transmissions to us or by our subsequent use of such information and materials.<\/p>\n\n\n\n While communicating with or transmitting information and materials to us, you may not use a false email address, impersonate any person or entity, or otherwise mislead us, our affiliates, designees, website users or readers. You may not communicate or transmit any information or materials in which you do not own or control the rights, are inaccurate, violate this agreement, or injure any person or entity. You agree to indemnify us, our affiliates, designees, and readers for all claims resulting from the information and materials you supply.<\/p>\n\n\n\n Although we are not obligated to do so, we may regularly monitor and review the information and material that is posted on our Site or social media pages. We may remove any information or materials that are posted to our site at our sole discretion and without notice. If these terms are unacceptable to you, you must NOT communicate or transmit any information or materials to us.<\/strong><\/p>\n\n\n\n As a participant on the Site, you become part of the SLM community and you agree that these community rules (“Community Rules”) are here to help you understand the conduct that is expected when you participate on the Site. Your participation in the Community is subject to all the TOU, including these Community Rules. Please follow these Community Rules when participating on the Site, including, without limitation, when you upload any User Content, send messages or other materials to other users, leave comments, or participate in discussions on the Site:<\/p>\n\n\n\n You understand and acknowledge: (i) that SLM may from time to time monitor or review the Community, which includes this Site and SLM\u2019s social media, or other products and services, provided, however, (ii) that SLM assumes no responsibility for libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to or from any such locations on this Site.\u00a0<\/p>\n\n\n\n SLM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, that in its sole discretion are objectionable or in violation of these Community Rules.<\/p>\n\n\n\n Community Policing: As part of the Community, we hope you enjoy your experience and are comfortable with interacting and viewing the Site. If you find something offensive or objectionable on this Site or SLM social media, please contact us<\/a>.<\/p>\n\n\n\n We reserve the right, in our sole discretion, to remove or disable content that is flagged or any content that we find, in our sole discretion, violates these Community Rules or any other terms of these TOU, or that we otherwise find objectionable.<\/p>\n\n\n\n We hope that you will use this SLM Community (this Site and our social media) to expand love and light in the world and that User Content will inspire and instill love and light in others. <\/p>\n\n\n\n The Site may provide certain Materials that you may choose to include on your personal web page, third party web site or social networking site (\u201cPersonal Page\u201d) by pasting the HTML or other code provided by us and labeled as an embed code (or similar identifying label) (a \u201cWidget\u201d) into your Personal Page. For any Widgets that we make available on the Site, we grant you a revocable permission, subject to the restrictions in these TOU, to include the Widget as provided by us (without editing) for inclusion only on your Personal Page and only on a site that: (i) permits you to post the Widget there; and (ii) does not have terms of use or other conditions that purport to give that site operator any interest or right in or to our Widget or Materials other than to obtain a limited, terminable right to host the Widget and permit its normal operation. <\/p>\n\n\n\n Your use of the Widget may display our trademarks or trademarks and content licensed by us and contained on the Widget or Materials made available via the Widget, but we control the use thereof and all goodwill associated with such use inures exclusively to us. You agree that you will not embed or otherwise make available a Widget on a web page or other location in violation of the prior sentence or that contains content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole opinion). <\/p>\n\n\n\n As described below in the “Disclaimer of Warranties” section, we make no specific warranties about Widgets and we may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, we may disable Widgets that you include on your Personal Page(s) if you violate these TOU (as determined by us in our sole discretion), or for any or no reason, without any liability to you. You agree that our permission to you to use Widgets on your Personal Page does not provide you (or any third party) with any intellectual property rights, including copyrights, in or to the Widget or the Materials made available via any Widget. <\/p>\n\n\n\n You agree not to make any commercial use of any Widget or the Materials made available in a Widget, in whole or in part, nor to sell, lease, reverse engineer, transfer, license, encumber or otherwise exploit a Widget or the Materials, in whole or in part, or purport to give any third party permission to do so. This includes a prohibition on you or a third party overlaying or otherwise associating advertising with the Widget or Materials. You agree to include, and not remove or alter, the trademark, copyright or other proprietary rights notices, as provided by us on a Widget, Widget code or Materials made available via a Widget and you agree to comply with Widget-usage guidelines that may be provided by us from time to time. <\/p>\n\n\n\n You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in a Widget or any component of a Widget that are designed to prevent users from copying, manipulating or retaining the Materials made available via a Widget. You also agree not to use (or attempt to use) any Widget, or any component of a Widget, to display content other than the specific Materials provided or intended by us to be displayed via a particular Widget.<\/p>\n\n\n\n NOTICE TO THIRD PARTY SITES:<\/strong> Any of our Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice.<\/p>\n\n\n\n You represent and warrant that: (i) all information you provide to SLM is accurate and complete; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these TOU.<\/p>\n\n\n\n You also warrant that the contribution is your original work, that it is not subject to any existing copyright and that you have authority to grant the rights in these TOU, that its publication will not libel anyone or infringe on or invade the rights of others and will not cause harm to anyone; that you have full power to make this agreement; and that your User Content has not been published elsewhere in whole or in part by anyone other than you. <\/p>\n\n\n\n If your User Content contains any material that requires written permission for inclusion in your User Content, you agree to obtain such permission from the copyright proprietor consistent with these TOU. You agree to indemnify and hold us harmless in the event that you fail to disclose any existing copyright for which you do not have authority to grant the rights or include any written material for which you do not have permission.<\/p>\n\n\n\n You also agree that you will be responsible for obtaining and maintaining all Internet access services, computer hardware and other equipment needed for access to and use of the Site and you will be responsible for all charges related thereto.<\/p>\n\n\n\n The Site may contain links to products or services that you can purchase from third party merchants or from members of the SLM community. <\/p>\n\n\n\n Affiliate Links: <\/strong>This Site may contain affiliate links. If it does, these links will be clearly and conspicuously noted as such. If you use the affiliate links on this Site, we may earn a commission form your purchase at that link.<\/p>\n\n\n\n The third party merchants or sites will process your orders, not SLM. We do not take, collect, store, or process your payment or any payment details. Simply, we do not want your banking information or details.<\/p>\n\n\n\n You agree that SLM’s and said seller\u2019s sole and exclusive maximum liability arising from any product sold via access to the Site or from any third-party link shall be the price of the product ordered.<\/p>\n\n\n\n DISCLAIMER OF WARRANTY<\/strong><\/p>\n\n\n\n SLM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS LINKED TO BY THE SITE AND\/OR SOLD VIA ACCESS TO THE SITE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. <\/strong><\/p>\n\n\n\n IN NO EVENT SHALL SLM OR ITS REPRESENATIVES OR AGENTS BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD THROUGH OR IN CONNECTION WITH THIS SITE.<\/strong><\/p>\n\n\n\n In the event a product is listed at an incorrect price or with incorrect information, the merchant offering such product shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Said merchant shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card.<\/p>\n\n\n\n Your receipt of an electronic or other form of order confirmation does not signify SLM’s or said merchant\u2019s acceptance of your order, nor does it constitute confirmation of said merchant’s offer to sell. Merchants operating via SLM reserve the right at any time after receipt of your order to accept or decline your order for any reason. Each such merchant reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. A merchant may require additional verifications or information before accepting any order. A merchant may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.<\/p>\n\n\n\n You are solely responsible for your interaction with other users of the Site or SLM\u2019s social media pages or groups, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others and in all other online activities.<\/p>\n\n\n\n You may not use the Site for any purpose or in any manner that infringes the rights of any third party. SLM encourages you to report any content on the Site that you believe infringes your rights. Only the owner of the intellectual property or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.<\/p>\n\n\n\n In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), SLM has a designated agent for receiving notices of copyright infringement and SLM follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SLM’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. \u00a7 512: <\/p>\n\n\n\n (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; <\/p>\n\n\n\n (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; <\/p>\n\n\n\n (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; <\/p>\n\n\n\n (d) information reasonably sufficient to permit us to contact the complaining party; <\/p>\n\n\n\n (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and <\/p>\n\n\n\n (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.<\/p>\n\n\n\n It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. <\/p>\n\n\n\n SLM will endeavor to provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party\u2019s intellectual property rights.<\/p>\n\n\n\n SLM’s copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:<\/p>\n\n\n\n Name: Copyright Administrator<\/p>\n\n\n\n Subject: DMCA – Copyright<\/p>\n\n\n\n privacy@SilverLiningMoments.com<\/p>\n\n\n\n From time to time, the Site may contain or offer contests, sweepstakes or other promotions, which may be governed by a separate set of rules that describe the contest, sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable contest, sweepstakes or promotion.<\/p>\n\n\n\n We may link to other web sites that are unaffiliated with us and are owned and operated by another person or entity. We have provided these links for your convenience only. <\/p>\n\n\n\n We do not examine or evaluate these websites so when you visit them and use them, you do so at your own risk. We do not endorse anything on those websites nor are we responsible for the content, function, performance, or security of those sites.<\/p>\n\n\n\n The Site or communications you receive from the Site may have links to third party web sites such as social media sites, our podcast host, or our Site may include third party content that we do not control, maintain or endorse.<\/p>\n\n\n\n Accessing those third party sites requires you to leave the Site and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, terms of us, failures, promotions, products, services, actions and\/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.<\/p>\n\n\n\n YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. <\/p>\n\n\n\n SLM ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.<\/p>\n\n\n\n SLM grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web sites that link to the Site: <\/p>\n\n\n\n In addition, the web sites that link to this Site must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these TOU. <\/p>\n\n\n\n By linking to the Site, you agree that you are now and will continue to be in compliance with these linking requirements.<\/strong><\/p>\n\n\n\n Notwithstanding anything to the contrary contained in these TOU, SLM reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.<\/p>\n\n\n\n You agrees to use this Site at your own risk. <\/p>\n\n\n\n Kerry Raleigh and SLM and their agents, vendors, and contractors (collectively, the “SLM Parties”) do not guarantee that the information, products or services contained on this Site are up to date, accurate, reliable, or appropriate for your situation.<\/p>\n\n\n\n THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS” WITHOUT ANY SORT OF WARRANTY. IN FACT, IF YOU SEE ANYTHING THAT YOU THINK IS A WARRANTY, WE DISCLAIM THAT.<\/p>\n\n\n\n TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SLM PARTIES MAKE NO<\/strong> REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE INFORMATION, MATERIALS, OR SERVICES ON OR PROVIDED THROUGH THE SITE OR THAT ARE LINKED TO OR FROM OUR SITE; (C) THE WIDGETS AND OTHER DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND\/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO SLM VIA THE SITE. <\/p>\n\n\n\n IN ADDITION, THE SLM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE SLM PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.<\/p>\n\n\n\n YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE SLM PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SLM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TOU.<\/p>\n\n\n\n It is not possible for us to control your access to our Site nor is it possible for us to know everything that is accurate, permissible, or applicable in every area of the world. Therefore, it is your responsibility to be familiar with what is accurate, permissible, and applicable in the area from which you are accessing this Site. If this Site or of these TOU violates anything in your local area, you are NOT to visit this Site or use its contents. In fact, even this disclaimer may offend some law somewhere. You are to adhere to the laws of the area from which you are accessing this Site and determine your rights and responsibilities accordingly. We repeat, <\/strong>do not use this Site or apply these TOU to you if it is contrary to the laws<\/strong> <\/strong>from the location where you are accessing this Site.<\/strong><\/p>\n\n\n\n BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE<\/p>\n\n\n\n This Site does not dispense medical advice or prescribe the use of any technique as a form of treatment for personal, physical, emotional, or medical problems without the advice of a physician or licensed therapist or professional trained in such areas, either directly or indirectly. The intent of this Site is only to offer information of a general nature to help you with your quest for emotional and spiritual well-being. <\/p>\n\n\n\n The information on this Site is no substitute for the advice of a professional in the area in which you live. Do not rely on the contents of this Site for personal, physical, emotional, or medical problems. Only a professional with specific information about your situation, interests, and resources can give you advice about your situation. <\/p>\n\n\n\n In the event you use any of the information on this Site for yourself or for others, Kerry Raleigh and SLM and their agents, vendors, and contractors (collectively, the “SLM Parties”) assume no responsibility for your actions. <\/p>\n\n\n\n As you read this, know that Kerry has worked with therapists and has completed personal development workshops, retreats, and courses. This is included here – not as a statement of Kerry\u2019s expertise in these areas (she is not an expert) \u2013 but as a simple statement to show that there is no shame in getting help or working with a professional therapist. <\/p>\n\n\n\n YOU UNDERSTAND AND AGREE THAT SLM LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW:<\/p>\n\n\n\n UNDER NO CIRCUMSTANCES WILL THE SLM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:<\/p>\n\n\n\n EVEN IF FORESEEABLE OR EVEN IF THE SLM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT.<\/p>\n\n\n\n IN NO EVENT WILL THE SLM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SLM PARTIES’ TOTAL LIABILITY TO YOU OR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED U.S. $10.<\/p>\n\n\n\n WE TRY TO KEEP OUR SITE OPERATIONAL AT ALL TIMES BUT WE CAN’T BE RESPONSIBLE FOR ANY LOSSES YOU EXPERIENCE BECAUSE OF THE USE, PERFORMANCE OR MALFUNCTION OF OUR WEB SITE, NOR WILL WE BE LIABLE FOR TORTIOUS OR NEGLIGENT ACTS. EVEN IF YOU WRITE TO US AND TELL US THAT YOU ARE RELYING ON OUR INFORMATION, PRODUCTS, AND SERVICES AND THAT YOU MAY BE DAMAGED AS A RESULT, WE WILL NOT ACCEPT THAT LIABILITY. IF YOU DON’T LIKE THE WEBSITE OR THE TERMS OF THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.<\/p>\n\n\n\n YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE SLM PARTIES\u2019 ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE SLM PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE SLM PARTIES.<\/p>\n\n\n\n IF YOU RELY ON ANY OF THE INFORMATION, PRODUCTS, OR SERVICES AND EXPERIENCE A LOSS, WE WON’T BE RESPONSIBLE FOR DAMAGES, ESPECIALLY YOUR LOST PROFITS.<\/p>\n\n\n\n BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (for California Users), AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”<\/p>\n\n\n\n IF ANY PART OF THESE DISCLAIMERS & LIMITAITONS OF LIABILITY ARE FOUND TO BE OVERLY BROAD, UNREASONABLE, OR UNENFORCEABLE IN ANY AREA OR JURSIDCITION, THEN YOU AGREE THAT THE COURT MAY MODIFY OR CHANGE THEM SO THAT THEY PROVIDES THE GREATEST PROTECTION TO SLM TO THE FULLEST EXTENT POSSIBLE UNDER THAT JURISDICTION\u2019S LAW.<\/p>\n\n\n\n You agree to defend, indemnify and hold the SLM Parties harmless from and against any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements and expenses, including attorneys’ costs and fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these TOU; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; and\/or (g) the SLM Parties’ use of your information. <\/p>\n\n\n\n You will cooperate as fully required by the SLM Parties in the defense of any claim. Notwithstanding the foregoing, the SLM Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action that are brought against them under the terms and provisions of this Section. Further, the SLM Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the SLM Parties.<\/p>\n\n\n\n Hold Harmless of Service Provider<\/strong><\/p>\n\n\n\n A third-party service provider (the \u201cService Provider\u201d) may provide the technology and hosting for aspects of this Site. Anything in the foregoing to the contrary notwithstanding, by participating on this Site you agree to indemnify and hold harmless the Service Provider on all matters related to your interaction with others using this Site and participation with this Site. As such, the Service Provider is a third-party beneficiary to your agreement with these TOU.<\/p>\n\n\n\n IF ANY PART OF THIS IDEMNITY CLAUSE IS FOUND TO BE OVERLY BROAD, UNREASONABLE, OR UNENFORCEABLE IN ANY AREA OR JURSIDCITION, THEN YOU AGREE THAT THE COURT MAY MODIFY OR CHANGE IT SO THAT IT PROVIDES THE GREATEST PROTECTION TO SLM TO THE FULLEST EXTENT POSSIBLE UNDER THAT JURISDICTION\u2019S LAW.<\/p>\n\n\n\n The term of these TOU is for the duration that this Site is up and operating. These TOU are effective as long as the Site is up. The Disclaimer of Warranties and Limitation of Liability provisions survive the termination of these TOU and\/or the termination of your access to this Site.<\/p>\n\n\n\n SLM reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if SLM believes your conduct fails to conform with these TOU. SLM also reserves the right to investigate suspected violations of these TOU and any violation, or potential violation, of these TOU may be referred to law enforcement authorities.<\/p>\n\n\n\n The Site is intended for U.S. residents. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SLM to any registration requirement within such jurisdiction or country. <\/p>\n\n\n\n SLM makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in any location outside of the United States. Anyone using or accessing the Site from other locations does so on his or her own initiative and is responsible for compliance with United States, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. <\/p>\n\n\n\n We reserve the right to limit the availability of the Site and\/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion.<\/p>\n\n\n\n Special Provisions Applicable to Users Outside the United States:<\/strong> We strive to create a global community with consistent standards for everyone, as we also strive to respect local laws. If you use the Site and reside out outside the United States, by using the Site you consent to having your personal data transferred to, processed, and stored outside of your country, including in the United States. If you fail to provide your consent, you may not use this Site. <\/p>\n\n\n\n Software related to or made available by this Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.<\/p>\n\n\n\n In the unlikely event of any dispute that may arise between the User and SLM, User agrees to submit to the jurisdiction of Palm Beach County, Florida, USA, and be governed by the laws of the United States and the State of Florida. This means that these TOU and the interpretation of these TOU will be governed by and construed under the laws of the state of Florida, without regard to its conflicts of laws principles, and will specifically NOT be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.<\/p>\n\n\n\n You agree that jurisdiction over you and venue in any legal proceeding directly or indirectly arising out of or relating to the site, the use or access thereof, or these TOU shall be in the applicable state or federal courts located in Palm Beach County, Florida. You hereby consent and submit to the exclusive personal jurisdiction and venue of the applicable federal and state courts located in Palm Beach County, Florida for any such legal proceeding. You agree to waive any defense for lack of personal jurisdiction by the courts in Palm Beach County, Florida and to waive any defense of improper venue or forum non conveniens with the proceeding taking pace in Palm Beach County, Florida<\/p>\n\n\n\n Subject to the Harmony Clause below, you agree that any cause of action or claim you may have with respect to the Site must be commenced within one year after such claim or cause of action arises or else you agree you have waived any such claim. <\/p>\n\n\n\n In the unlikely event that we end up in a dispute, we are committed to resolving it with integrity and in a respectful manner. By using this Site, you agree to do so as well. As such, SLM and User agree that:<\/p>\n\n\n\n This Site is not intended for minors. However, SLM cannot prevent minors from visiting our Site. Parents, guardians or those legally responsible for supervising minors must control what access the minors have to our Site and determine what information and materials are appropriate for the minors to access, view, or purchase.<\/p>\n\n\n\n If you are a minor and are reading this, you MUST leave this Site and seek the permission of your parent or guardian before reentering this Site. If you are on this Site, you affirm that you have received permission to be on this Site and are visiting our site with your parent or guardian. Again, if you haven\u2019t received this permission, you MUST leave.<\/p>\n\n\n\n You may opt out of any email correspondence with us without losing your permission to use our Site. You may submit requests for corrections to your personal information at any time to privacy@SilverLiningMoments.com<\/a>. Please also see our Privacy Policy<\/a>.<\/p>\n\n\n\n These TOU constitutes the entire agreement between SLM and You with respect to the use of this Site. These TOU supersedes all previous written or oral agreements between SLM and YOU with respect to this Site, including your use of this Site, interactions with us through this Site, your User Conent, and these TOU. <\/p>\n\n\n\n The failure of SLM to act with respect to a breach of these TOU by you or others does not constitute a waiver and will not limit SLM\u2019s rights with respect to such breach or any subsequent breaches. No waiver by SLM of any of these TOU will be of any force or effect unless made in writing and signed by a duly authorized office of SLM. Neither the course of conduct between the Parties nor trade practice will act to modify these TOU.<\/p>\n\n\n\n SLM may assign its rights and duties under these TOU to any party at any time without any notice to you. <\/p>\n\n\n\n If any provision of these TOU is found to be unenforceable for any reason, then that provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining provisions. Furthermore, you agree that any such provision may be modified or changed by the court or regulatory agency or body (that found the provision unenforceable) so that it is enforceable to the fullest extent under that jurisdiction\u2019s law.<\/p>\n\n\n\n SLM reserves the right to change, modify, or add to these TOU at any time without prior notice. You agree that we may notify you of revisions to these TOU by posting them on this Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted a revision constitutes your agreement to the revised TOU. Therefore, you should review these TOU before using the Site. <\/p>\n\n\n\n The TOU will be effective as of the time of posting, or such later date as may be specified in a revised TOU, and will apply to your use of the Site from that point forward.<\/p>\n\n\n\n By continuing to use this Site you are agreeing to the terms of these TOU.<\/strong><\/p>\n\n\n\n If you do not agree with these terms, leave the Site immediately and do not use it.<\/p>\n\n\n\n Either way, stay or leave, we wish you well and hope that your day is filled with many <\/p>\n\n\n\n Silver Lining Moments. <\/p>\n","protected":false},"excerpt":{"rendered":" These Terms of Use (\u201cTOU\u201d) were last updated May 20, 2022. 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(ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site uses to generate its web pages or any software or other products or processes accessible through the Site; and <\/p>\n\n\n\nBY AGREEING TO ARBITRATION, THE PARTIES AGREE THAT ANY DISPUTE WILL NOT BE DECIDED BY A JURY OR COURT AND THAT THE PARTIES ARE WAIVING THE RIGHT TO TRIAL BY JURY.<\/strong><\/h2>\n\n\n\n
Notwithstanding the foregoing, the Parties may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this Section without breach of this arbitration provision. <\/h2>\n\n\n\n
Any claim or dispute between the Parties shall be brought in a party\u2019s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.<\/h2>\n\n\n\n