1. Understanding Your Agreement

 

1.1 The Agreement

Membership and Responsibilities: Silvers Hub facilitates the organization of offline, real-world groups and events for our members. In this context, “Silvers Hub,” “we,” “us,” and “our” encompass Silvers Hub, Inc., alongside its parent company, affiliates, or subsidiaries. “You” and “your” refer to any individual or organization utilizing our Platform. The term “Platform” encompasses our website, application, or service, including all associated content and electronic communications. Your usage of the Platform indicates acceptance of this Agreement. If utilizing the Platform on behalf of an organization, you assert authority to bind that organization to these terms. Failure to agree to this Agreement prohibits Platform usage.

1.2 Updates to this Agreement

We reserve the right to modify this Agreement periodically. Notification of such modifications will be provided by publishing the updated version and revising the date displayed. Material changes to this Agreement will be supplemented with additional notice, such as email alerts or prominent notifications on our Platform. Continued usage of the Platform post-revision indicates acceptance of the updated Agreement. If unwilling to accept the revised terms, account closure is an available option.

2. Account Management and Membership 2.1 Eligibility Requirement

Who can join? Silvers Hub is accessible to individuals aged 50 and above. By using the Platform, you affirm meeting this age requirement. Additional eligibility criteria for specific Platform segments may be established by designated moderators or managers, such as group organizers.

2.2 Modification, Suspension, and Termination of Your Account

Account Oversight and Actions: Silvers Hub reserves the right to modify, suspend, or terminate accounts or Platform access at our discretion, upon violation of this Agreement or related policies. Notifications will be provided in such instances, with explanations for the action taken. Inactive accounts may also be subject to removal. Concerns regarding account actions can be addressed via email.

2.3 Account Security and Information

Protecting Your Account: Upon registration, users provide basic information, including email addresses and passwords. Maintaining accurate account information and robust password security is crucial. Users bear sole responsibility for safeguarding account credentials, with the obligation to report unauthorized account access.

2.4 Access to Silvers Hub Platform and Services

License and Access: Subject to compliance with this Agreement, Silvers Hub grants users a limited, non-exclusive right to utilize the Platform. This license encompasses access to available services and features offered by Silvers Hub.

3. Financial Transactions and Offerings

3.1 Fee Structure on Silvers Hub

Silvers Hub offers both free and paid features on our Platform. We reserve the right to introduce new fees or modify existing ones for certain current or future features. Any changes to fees will be communicated in advance through our Platform or via email. By continuing to use the applicable service, you agree to pay these fees and any associated taxes. Unless stated otherwise, all fees and transactions are in Canadian dollars. Organizer subscriptions are non-transferable.

3.2 Organizer Payment Regulations on Silvers Hub

Organizers may impose fees related to specific aspects of the Platform, such as event fees for Silvers Hub events or member dues for Silvers Hub groups. Silvers Hub reserves the right to issue refunds of fees paid to organizers when necessary, even if fees were paid through a third-party payment service. Organizers may have their own refund policies, provided they align with Silvers Hub’s Payment Policies. Payments to organizers via the Platform are processed through a third-party payment service provider, and members authorize charges to their designated payment method. Certain fees may be billed on a recurring basis, with the option to cancel auto-renewal at any time.

3.3 Transactions with Silvers Hub

Organizers are responsible for timely payment of subscription and other applicable fees to Silvers Hub, using approved payment methods specified via the Platform. Failure to maintain organizer subscriptions may result in removal as group organizer and termination of associated groups and content. Payment for organizer fees via the Platform must be made using valid and acceptable payment methods. Silvers Hub reserves the right to adjust payments for errors, refunds, or corrections as per Payment Policies.

3.4 Subscription Renewal Protocol

Certain features may be billed on a recurring or one-time basis. Recurring fees are payable in advance with no refunds, and automatic billing will continue until cancellation. By purchasing these features, users authorize Silvers Hub to charge applicable fees to their designated payment method. While users can cancel auto-renewal or subscriptions at any time, refunds are issued solely per Silvers Hub’s Subscription Refund Policy.

3.5 Trial Periods and Offerings

Silvers Hub may offer free trials for subscriptions and other products, with details provided regarding trial length, renewal, and payment dates. Paid subscriptions commence after the free trial, and automatic billing will continue until cancellation.

3.6 Third-Party Payment Platforms

Organizers accepting payments through the Platform must adhere to terms and conditions of applicable third-party payment providers. Silvers Hub does not provide payment services and is not liable for the use of such third-party services.

3.7 Invoicing Procedures with Third Parties

Organizers may receive Silvers Hub invoices from third-party providers in accordance with applicable tax laws. Third-party invoicing does not affect the rights and obligations outlined in this Agreement, nor does it impact Platform usage fees.

4. Content Management and Privacy

4.1 User-Generated Content Responsibility

You are accountable for the content you post on Silvers Hub or provide to us. This encompasses information, material, and any other content shared on the platform. Your content may include details about Silvers Hub groups and events, comments, photos, as well as feedback and suggestions directed to Silvers Hub. By assuming responsibility for your content, you confirm: Possession of all necessary permissions, rights, and licenses to share content on Silvers Hub. Exclusion of personal, private, or confidential information belonging to others in your content. Compliance with Silvers Hub’s terms, including various policies and guidelines. Agreement to the removal of metadata associated with your content.

4.2 Content License Agreement

Silvers Hub does not claim ownership of your content. However, to facilitate platform operation and protect your rights, you grant Silvers Hub a non-exclusive, worldwide, perpetual license to utilize, reproduce, modify, and distribute your content. This license enables Silvers Hub to maintain your content on the platform even after you cease to be a member.

4.3 Privacy Assurance

Silvers Hub collects registration and other information through our platform, governed by our Privacy Policy and Cookie Policy. These policies outline our approach to data collection, usage, and disclosure. It’s important to note that these policies do not govern information shared with third parties, such as organizers and other members of Silvers Hub.

5. Platform Usage Guidelines

5.1 Compliance with Policies and Laws

Silvers Hub mandates adherence to our Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies and Trademark Usage Guidelines. Users are also required to comply with all applicable laws, rules, and regulations while using our platform. Additionally, certain platform features may be subject to additional terms, policies, or guidelines, which users must accept before accessing them.

5.2 Management of Others’ Content

Silvers Hub does not exert control over the content posted by other members. While we reserve the right to investigate and address inappropriate content, users should exercise caution and discretion when interacting with content shared by other members.

5.3 User Interactions and Safety Measures

Silvers Hub does not facilitate or conduct background checks on its members. We do not verify the accuracy of statements made by members or guarantee the conduct of individuals. Users are advised to exercise common sense and caution when interacting with others on our platform or at Silvers Hub events.

5.4 Prohibited Platform Uses

Users are prohibited from engaging in activities that violate intellectual property laws or compromise the security of our platform. This includes unauthorized data extraction, interference with platform operations, and solicitation of personal or sensitive data from other users.

5.5 Data Processing and Platform Security

Users agree to process personal data collected from the platform in accordance with applicable laws and regulations. This includes obtaining necessary consents, safeguarding data from unauthorized access, and deleting data when no longer necessary. Users must also comply with platform modifications implemented by Silvers Hub.

5.6 Third-Party Sites and Services

Silvers Hub may contain links to third-party sites and integrate with various third-party services. Users acknowledge that Silvers Hub does not control these third parties and disclaims responsibility for their content or products. Users must adhere to the terms and policies of third-party sites and services when accessing them through Silvers Hub.

6. Liability Release

6.1 Waiver of Responsibility

To the extent permitted by applicable law, users agree not to hold Silvers Hub responsible for any incidents related to transactions with third parties, member interactions, or involvement with a Silvers Hub group or event. Similarly, users agree not to hold organizers liable for negligence related to their content, Silvers Hub groups, or events.

6.2 Release of Claims

To the fullest extent permitted by applicable law, users release Silvers Hub and its officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners (“Silvers Hub Parties”) from any claims, demands, and damages (direct and consequential) arising from transactions with third parties, member interactions, or involvement with a Silvers Hub group or event. Users also release organizers from claims based on negligence related to their content, Silvers Hub groups, or events.

6.3 Legal Considerations

Users acknowledge that certain events organized through Silvers Hub may carry inherent risks, including but not limited to the risk of illness, bodily injury, disability, or death. By participating in these events, users freely assume these risks. Note: Please be aware that the applicability of liability releases may vary based on jurisdiction. Users are encouraged to consult with legal professionals regarding their rights and obligations under applicable law.

7. Indemnification Agreement

To the fullest extent permitted by applicable law, users agree to indemnify, defend, and hold all Silvers Hub Parties harmless from any claims made by third parties due to or arising out of:

• Violations of this Agreement by the user.
• The user’s use, misuse, or abuse of the Silvers Hub platform.
• Content provided by the user.
• Violation of any law, statute, ordinance, or regulation, or the rights of a third party by the user.
• Participation or conduct in a Silvers Hub group or event that violates this Agreement.

Users agree to promptly notify Silvers Hub of any third-party claims, cooperate with Silvers Hub Parties in defending such claims, and bear all fees, costs, and expenses associated with defending such claims, including attorneys’ fees. Users also agree not to settle any claims without prior written consent from Silvers Hub. Note: Users are reminded that indemnification agreements are legally binding and should be thoroughly understood before agreeing to them. Consulting with legal professionals is recommended to ensure compliance with applicable law.

8. Guarantee Exclusion and Liability Limitation

8.1 Guarantee Exclusion

Our Platform is provided to you on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim all warranties and conditions, including statutory warranties and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the reliability, timeliness, accuracy, or performance of our Platform or any information, advice, services, or goods obtained through it. Additionally, we do not guarantee the correction of errors or the outcomes derived from using our Platform. You may have additional rights under local laws, but any such rights are limited to the extent permitted by law.

8.2 Liability Restriction

To the fullest extent permitted by applicable law, you agree that no Silvers Hub Parties shall be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with our Platform or this Agreement. This includes damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. However, these limitations do not apply in cases of gross negligence, fraud, or intentional misconduct. Please note that some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so these limitations may not apply to you.

9. Dispute Management

9.1 Informal Dispute Resolution Attempt

Before initiating any formal claim, users and Silvers Hub agree to attempt resolving disputes through sincere discussions. The term “claim” in this section refers to any dispute arising from or related to the use of our Platform or this Agreement, including participation in Silvers Hub events. Either party may initiate this process by providing written notice as per Section 11.2, detailing the dispute and proposing a resolution. If the issue remains unresolved after 30 business days from the initial notice, either party may proceed with a claim as per this Section 9. Members residing in the European Union may have additional rights as per applicable law.

9.2 Arbitration Protocol

• Compulsory Arbitration Clause: Subject to Section 9.3, users agree to submit any claim to JAMS, Inc., or its successor (“JAMS”), for final and binding arbitration. Both parties waive the right to a trial by judge or jury in a court of law, with arbitration being the agreed method of dispute resolution regardless of when the claim arises.
• Arbitration Timeframe for Filing Claims: Any claim subject to arbitration must be filed within one year from the date the party asserting the claim first becomes aware of the act, omission, or default giving rise to the claim, or within the shortest time period permitted by applicable law.
• Arbitration Protocol: Arbitration proceedings will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and other applicable JAMS Rules. The arbitration location will be determined by JAMS Rules, and the arbitrator will be selected from the appropriate JAMS list. The parties will cooperate in scheduling the arbitration, and the arbitrator’s decision may be entered in any court of competent jurisdiction.

9.3 Exemptions

Certain claims may be asserted in small claims court or for injunctive relief in a court of competent jurisdiction, as outlined in Section 9.3. Silvers Hub reserves the right to take action in court or arbitration to protect its intellectual property rights or collect fees or damages related to Platform operations.

9.4 Arbitration Opt-Out Provision

Users may opt out of arbitration by emailing arbitration-opt-out@meetup.com within 30 days of agreeing to this Agreement. This opt-out does not affect other sections of the Agreement, such as Exceptions, Class Action Waiver, Governing Law, Judicial Forum, and Time for Filing.

9.5 Individual Dispute Resolution Agreement

Users agree to resolve disputes with Silvers Hub on an individual basis and waive the right to participate in class actions, class arbitrations, private attorney general actions, or consolidation with other arbitrations.

10. Intellectual Property Rights

10.1 Ownership of Intellectual Property

Silvers Hub’s trademarks, logos, service marks, and service names constitute the intellectual property of Silvers Hub. Please adhere to the following trademark usage guidelines to avoid any confusion and ensure compliance with Silvers Hub’s intellectual property:

1. Avoid Use of “Silvers Hub” in Naming: Refrain from incorporating “Silvers Hub” into your product name, domain name, social media handle, or your own trademark, including any logos or images. The term “Silvers Hub” should only be used to denote our company or brand in descriptions when indicating that your application interfaces with our site or API.


2. Distinct Branding: Ensure that your branding is distinct from Silvers Hub’s branding and does not resemble any aspect of it. Your branding should have a unique appearance that clearly sets it apart from Silvers Hub’s branding.


3. Avoid Confusion with Silvers Hub’s Logo: Do not use a logo that could be confused with any of Silvers Hub’s logos. Considerations that may render your logo confusingly similar to a Silvers Hub logo include:
   • Use of design elements in the same color as a Silvers Hub logo.
   • Inclusion of the wordmark “Silvers Hub.”
   • Use of a “handwritten” font style identical or confusingly similar to the Silvers Hub logo.
4. Clarify Ownership: Clearly indicate that your service was developed and is provided by you, distinct from Silvers Hub. It should be evident to users that your service is independent of Silvers Hub.

Our Guidelines delineate permissible and impermissible uses. Additionally, the content on our Platform, including proprietary material, is either our intellectual property or that of our licensors. Except as specified in the Trademark Usage Guidelines, you agree not to utilize our intellectual property without obtaining our prior written consent.

10.2 Respect for Others’ Intellectual Property

Silvers Hub upholds the intellectual property rights of others, and we anticipate our members to do the same. Under appropriate circumstances and at our discretion, we may remove or disable access to content that we suspect infringes upon the intellectual property rights of others. Additionally, we reserve the right to limit or revoke access to our Platform for individuals whom we deem as repeat infringers. Should you believe that your intellectual property rights have been violated, kindly refer to our Intellectual Property Dispute Policies for guidance.

11. Miscellaneous Provisions

11.1 Language Translation. This Agreement was originally drafted in English and subsequently translated into other languages. In the event of any inconsistency between the English version and a translated version, the English language version shall prevail.

11.2 Notification. Unless otherwise specified in this Agreement or required by law, any communication to us shall be sent via email to admin@silvershub.com. Any communication to you shall be sent to the email address currently associated with your account.

11.3 Entire Agreement. This Agreement, inclusive of Content and Usage Guideline, Groups and Events Policies, Organizer and Leadership Guideline and User Limitations, constitutes the complete agreement between you and Silvers Hub, supplanting any prior agreements on the same subject matter.

11.4 No Agency Relationship. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or established between you and Silvers Hub through this Agreement. A member of the Silvers Hub Platform is not considered a representative or agent of Silvers Hub and is not authorized to enter into agreements on behalf of Silvers Hub.

11.5 Applicable Law. The laws of the Province of British Columbia shall govern this Agreement and the relationship between you and Silvers Hub, without regard to conflict of laws principles, except as provided in Section 9.

11.6 Judicial Jurisdiction. In the event that the arbitration agreement is found not to apply to you or your claim, or if you opt out of arbitration as per Section 9.4, both you and Silvers Hub agree that any judicial proceedings (excluding small claims actions) must be exclusively initiated in the federal or provincial courts situated in British Columbia, Canada. Both parties consent to the jurisdiction and venue of such courts. For members residing in the European Union, judicial proceedings against Silvers Hub arising from or related to this Agreement may be initiated in your country of residence. Furthermore, the European Commission offers an online platform for resolving disputes.

11.7 Statute of Limitations. Any claim not subject to arbitration must be initiated within one year from the date the party asserting the claim first becomes aware of the act, omission, or default giving rise to the claim, or within the shortest time period permitted by applicable law. This provision does not apply to EU-based members.

11.8 Assignment. This Agreement may not be assigned, transferred, or sublicensed by you without the prior written consent of Silvers Hub. However, Silvers Hub may assign or transfer this Agreement to its corporate parent, affiliate, subsidiary, or in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction.

11.9 No Waiver. The failure to enforce any right or provision of this Agreement by either party shall not constitute a waiver of such right or provision, nor shall it waive the right to take action regarding subsequent or similar breaches.

10.10 Severability. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, both you and Silvers Hub agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of the Agreement shall remain in full force and effect.

11.11 Termination. Termination of your account or access to our Platform results in the termination of this Agreement concerning the terminated member account. However, the provisions outlined in Section 11.13 will survive such termination.

11.12 Survival. Sections 3 (Financial Transactions and Offerings), 4.2 (Content License Agreement), 4.3 (Privacy Assurance), 6 (Liability Release), 7 (Indemnification Agreement), 8 (Guarantee Exclusion and Liability Limitation.), 9 (Dispute Management), and 11 (Miscellaneous Provisions), along with any other provisions necessary to give effect to these sections, shall survive any termination or expiration of this Agreement.

11.13 Section Headings. The headings in this Agreement are provided for convenience only and do not have any legal or contractual significance. The information in the “Terms of Service Overview” section, as well as the “Tips” and “Summary” sections, are also for convenience only and do not carry any legal or contractual weight.

11.14 Reporting Violations. Please report any breaches of this Agreement by a member or third party by sending an email to support@silvershub.com.