Effective date: September 21st, 2026
By using any Silvermine Group, LLC websites or services, you are becoming a party to this agreement (the “Agreement”) and are consenting to its terms and conditions. If you do not agree with all of the terms and conditions of this Agreement, do not use the website and services. If you have any questions about these terms and conditions, please contact: Silvermine Group, LLC at support@silverminegroup.com.
This Agreement sets forth the terms and conditions of your use of Silvermine Group, LLC (“Silvermine Group”) and its https://www.eform2290.com/, and https://www.truckopedia.com/ websites and related services (collectively, the “Software”).
Please read this Agreement carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. This Agreement includes information about future changes to this Agreement, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SOFTWARE IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Software, so this Agreement may need to change along with our Software. We reserve the right to change this Agreement at any time, but if we do, we will place a notice on our sites located at https://www.eform2290.com/, and https://www.truckopedia.com send you an email, and/or notify you by some other means.
If you don’t agree with this Agreement, you are free to reject it; unfortunately, that means you will no longer be able to use the Software. If you use the Software in any way after a change to this Agreement is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.
License
Silvermine Group hereby grants to you, and you hereby accept, subject to the terms and conditions set forth herein, a temporary, non-exclusive, non-transferable license, without the right to sublicense, to use the computer-executable object code of the Software solely as needed to use the Software for your own personal use.
Restrictions on Copying and Modification
You represent, warrant, and agree that you will not provide or contribute anything, including any content you submit to the Software, or otherwise use or interact with the Software, in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including Silvermine Group);
- violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws, or any other purpose not reasonably intended by Silvermine Group;
- is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your Silvermine Group User ID, account, or anyone else’s (such as allowing someone else to log in to the Software as you);
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Mail list, Listserv, any form of auto-responder or “spam” on the Software, or any processes that run or are activated while you are not logged into the Software, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Software’s infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Software or any content made available by or accessible through the Software (through use of manual or automated means);
- copies or stores any significant portion of any content made available by or accessible through the Software; or
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Software.
A violation of any of the foregoing is grounds for termination of your right to use or access the Software.
Ownership
You may not rent, sell, transfer, lend, redistribute or sublicense the Software to any other person or entity. You may not remove or alter any copyright or other proprietary notice contained in the Software. Title to, and ownership of, and all proprietary rights in, the Software and each copy thereof shall remain at all times with Silvermine Group or its third party licensors.
Consent to Use of Data
You agree that Silvermine Group may collect and use information that is provided by you when you use the Software to facilitate the provision of updates, product support and other services to you (if any) related to the Software. Your use of the Software is subject to Silvermine Group’s Privacy Policy located at www.silverminegroup.com/privacy, which is expressly made a part of this Agreement.
Term
Your license shall become effective when you first use a Silvermine Group website or service, including www.eform2290.com or https://www.truckopedia.com. You may terminate your license at any time by ceasing to use Silvermine Group websites and services. Silvermine Group or its licensed third party distributor or licensor of the Software may terminate your license to use the Software at any time in the event that you fail to comply with any of the terms and conditions set forth in this Agreement or such third party distributor’s terms and conditions. Upon termination of your license, you shall immediately cease using the Software and you shall un-install the Software, if applicable.
Third Party Materials
The Software may display or enable access to content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). By using the Software, you acknowledge and agree that Silvermine Group is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Silvermine Group does not warrant or endorse, and does not assume and will not have any liability or responsibility to you or any other person, for any Third Party Materials. Third Party Materials and links to other web sites are provided solely as a convenience to you. To the extent you choose to access such Third Party Materials, you do so at your own initiative and risk, and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Silvermine Group is not responsible for the accuracy, completeness, or timeliness of any third-party listings, offers, deals, or content, and shall not be liable for any loss or damages arising from the use of such Third Party Materials.
The Software, including eform2290.com and truckopedia.com, is provided solely for your use in the collection of data, preparation of tax returns, DOT forms, and e-filing of certain taxes or DOT updates exclusively for and with eform2290.com and truckopedia.com, and may not be used by any other person or entity, or for any other purpose. Silvermine Group provides proprietary tools, including spreadsheets, to assist you in preparing and e-filing Heavy Highway Vehicle Use Taxes and related credits, preparing your data for bulk upload to eform2290.com, and e-filing that information with the Internal Revenue Service. To use eform2290.com for these purposes, you must hold a valid Employer Identification Number (EIN #) or Preparer Tax Identification Number (PTIN #) issued by the Internal Revenue Service and be registered with eform2290.com. Silvermine Group also provides proprietary tools, including spreadsheets, to assist you in preparing and e-filing MCS-150 and UCR (Unified Carrier Registration) forms, preparing your data for bulk upload to truckopedia.com, and e-filing that information with the Federal Motor Carrier Safety Administration (FMCSA). To use truckopedia.com for these purposes, you must hold a valid US Department of Transportation Number (DOT #) or Personal Identification Number (US DOT PIN #) issued by the FMCSA and be registered with truckopedia.com. Use of eform2290.com or truckopedia.com, or any of their information or services, for the benefit of any third party is expressly prohibited.
Silvermine Group, through truckopedia.com and its IFTA reporting service at ifta.truckopedia.com (the “IFTA Reporting Service”), provides proprietary tools, including workbooks (the “IFTA Workbooks” and, together with the IFTA Reporting Service, part of the Software), to assist you in the collection of mileage and fuel data and in the preparation of International Fuel Tax Agreement (IFTA) quarterly fuel use tax worksheets for filing directly with your base jurisdiction (the IFTA member jurisdiction where your qualified motor vehicles are based, as determined under the IFTA Articles of Agreement). To use the IFTA Reporting Service, you must hold a valid, unsuspended, and unrevoked IFTA license issued by your base jurisdiction and be registered with truckopedia.com. If your IFTA license expires, is suspended, or is revoked, your right to use the IFTA Reporting Service terminates immediately, and Silvermine Group and truckopedia.com shall have no responsibility or liability for any filing, workbook, or output generated during any period in which your IFTA license was not valid. Use of the IFTA Reporting Service and any information generated through it for the benefit of any third party is expressly prohibited.
It is the nature of tax filings that rates and forms are changed by the taxing entity from time to time. It is your responsibility to cooperate with and respond promptly to any communications from Silvermine Group, eform2290.com, or truckopedia.com regarding such changes.
Silvermine Group does not accept ideas, concepts, or techniques for new services or products. If such information is received, it will not be considered confidential and Silvermine Group will be deemed free to use, communicate and exploit such information in any manner it chooses.
Login Registration
By registering on eform2290.com or truckopedia.com, you agree to provide accurate and current information about yourself as prompted and to maintain and promptly update your online profile information to keep it accurate and current.
To the extent you register using eform2290.com’s or truckopedia.com’s “Getting Started” or similar registration process, your email will become your user ID and you will be asked to provide a password. A confirmation email will be sent to your email address. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and User ID. You agree to (a) immediately notify eform2290.com or truckopedia.com of any unauthorized use of your user ID and password, and (b) to ensure that you exit from your eform2290.com or truckopedia.com session at the end of each visit.
You, and your designee, are responsible for the accuracy and timeliness of your filing data.
You are responsible for the accuracy of the information you submit. In the event your data does not meet IRS or FMCSA criteria, eform2290.com or truckopedia.com as applicable will make reasonable efforts to contact you so that corrections can be made by you prior to filing. Eform2290.com or truckopedia.com assumes no responsibility or liability for data errors that cause late or incorrect filing penalties. In the event a filing is completed, and you discover changes or corrections need to be made, an amendment will be filed, for which there may be an additional fee.
You, and your designee, are responsible for meeting all filing deadlines.
Changes to eform2290.com, or truckopedia.com
Eform2290.com, or truckopedia.com and its content, may be changed, deleted or updated at any time without notice.
Pre-filing of Form2290
Eform2290.com provides you an opportunity to file Form2290 for the upcoming tax year in advance. If you opt to pre-file the Form2290 with the eform2290.com platform, we ensure that the forms filed are processed with the IRS once the IRS starts accepting Form2290 for the corresponding tax year (generally July 1). We provide an opportunity to all pre-filers to review, amend, or cancel the pre-filed Form2290 prior to IRS submission (June 30) of the corresponding year. The status of all forms for your business can be traced under the Filings List section of the website after you log in to the service. Once the form is submitted to the IRS for processing, no amendments can be made to the Form2290. In the event you cancel the pre-filed form, the refund of the service fee will be provided through wallet credits only and will be guided by the terms under the Billing & Payments section below.
Pre-filing of UCR
Truckopedia.com provides you an opportunity to file UCR for the upcoming tax year in advance. If you opt to pre-file the UCR with the truckopedia.com platform, we ensure that the forms filed are processed with FMCSA once the FMCSA starts accepting UCR for the corresponding tax year (generally October 1). We provide an opportunity to all pre-filers to review or amend the pre-filed UCR prior to FMCSA submission (September 30) of the corresponding year by contacting us at support@ucr.truckopedia.com and providing your DOT number in the subject line of the email. The status of your UCR filing will be updated by an email from support@ucr.truckopedia.com. For more details on UCR pre-filing, refer to https://file.eform2290.com/eucr/. Once the form is submitted to FMCSA for processing, no amendments can be made to the UCR. In the event you cancel the pre-filed form, the service fee paid to us is non-refundable and will be guided by the terms under the Billing & Payments section below.
FMCSA / Motus Registration Requirement
Effective May 14, 2026, the Federal Motor Carrier Safety Administration (FMCSA) replaced its legacy registration systems — including the registration functions of Licensing and Insurance (L&I), the FMCSA Portal, and the Unified Registration System (URS) — with Motus (https://motus.dot.gov/) : USDOT Registration System (“Motus”). As a result, before FMCSA will process certain filings, updates, or registrations submitted through truckopedia.com — including, without limitation, MCS-150 updates, UCR filings and other USDOT/FMCSA submissions — the Company Official who owns the relevant USDOT record must first create a Motus user profile at motus.dot.gov, complete FMCSA identity verification, and register or claim the entity’s USDOT registration in Motus.
It is your sole responsibility to complete and maintain your Motus registration, FMCSA identity verification, and any related account requirements imposed by FMCSA, and to do so in sufficient time to meet any applicable filing deadline. Truckopedia.com cannot create your Motus profile or complete FMCSA identity verification on your behalf. You acknowledge and agree that any filing, update, or registration submitted through truckopedia.com may not be accepted or processed by FMCSA until your Motus registration is complete, and that neither Silvermine Group nor truckopedia.com shall be responsible or liable for any delay, rejection, penalty, fee, interest, or interruption in operating authority resulting from your failure to complete or maintain your Motus registration. The availability, status, and requirements of Motus are determined solely by FMCSA and are subject to change without notice.
IFTA Reporting Workbooks
The IFTA Reporting Service and the IFTA Workbooks are provided for informational and self-service purposes only and do not constitute tax, legal, accounting, or other professional advice. Silvermine Group is not acting as your tax return preparer, accountant, attorney, or advisor in connection with the IFTA Reporting Service, and no fiduciary, advisor, or agent relationship is created. You are encouraged to consult your own qualified tax, legal, or accounting advisor before relying on any output of an IFTA Workbook or filing any IFTA return.
All calculations, totals, and tax, credit, interest, and other amounts shown in an IFTA Workbook are generated solely from the mileage, fuel, jurisdiction, and other information you provide, whether entered manually or imported from any third-party source (including any ELD, GPS, telematics, fuel card, or similar provider) at your direction. For purposes of this Agreement, information imported from any such third-party source at your direction is treated as information entered by you. Silvermine Group prepares the IFTA Workbook without independent verification and does not audit, validate, or otherwise confirm the accuracy, completeness, or correctness of the information you provide or of the resulting output. It is your sole responsibility to review the IFTA Workbook and to confirm the accuracy and completeness of all business details, trip and mileage data, fuel entries, tax rates, IFTA account information, and the final output before filing with any jurisdiction.
The applicable IFTA tax rates, surcharge rates, and currency exchange rates used in an IFTA Workbook are populated by eIFTA [NTD: please confirm what “eIFTA” refers to — e.g. a Silvermine Group internal module or a third-party feed — and define it here; if it is a third-party source, it should also be identified as Third Party Materials] from the quarterly tax rate matrix published by the International Fuel Tax Association (IFTA, Inc.) at https://www.iftach.org/ prior to the applicable filing deadline and are not entered by you. Such rates, together with any jurisdiction forms or other reference data provided in an IFTA Workbook, are sourced from the applicable jurisdictions and/or IFTA, Inc., constitute Third Party Materials for purposes of this Agreement, are provided on an “as is” basis without warranty of accuracy, completeness, or currency, and are subject to change or correction by those authorities without notice. You remain solely responsible for verifying that the rates and reference data applied to your filing are correct and current for the applicable filing period before filing.
You are solely responsible for the accuracy and timeliness of any IFTA return filed with your base jurisdiction. Without limiting, and subject to, the Disclaimer of Warranty and Limitation of Liability sections of this Agreement, neither Silvermine Group nor truckopedia.com shall be responsible or liable for any assessment, audit, adjustment, penalty, fee, interest, or other adverse action raised or taken by any IFTA jurisdiction or taxing authority in connection with your IFTA filing, including any arising from errors, omissions, or inaccuracies in the information you provide or in your use of an IFTA Workbook. IFTA tax rates, forms, and filing requirements are established by the applicable jurisdictions and are subject to change without notice; it is your responsibility to confirm the current rates and requirements applicable to your filing.
Termination of Use
Silvermine Group may discontinue, suspend or modify eform2290.com or truckopedia.com at any time without notice, and may block, terminate or suspend your and any user’s access to its websites and services, including eform2290.com or truckopedia.com , at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Billing & Payments
The pricing details for our services are available on https://www.eform2290.com/pricing and https://www.truckopedia.com/pricing/. As a general principle, we do not refund fees collected. However, in certain special circumstances, solely at our discretion, we may refund the processing fees to you either as a form of credit that can be utilized for a subsequent filing or as a refund to the original source of payment. All credits provided at any time prior to February 8, 2024 must be utilized no later than April 7, 2025. Any credits provided after February 8, 2024 must be utilized within a period of fourteen (14) months from the date of credit. In the event such credits are not utilized within the stipulated time as stated above, the credits shall expire, shall be removed from your account, and shall have no further value.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. Currently, we use Braintree (offered by PayPal, Inc.) to collect payments for the Services. You can access Braintree’s Services Agreement and Privacy Policy at https://www.braintreepayments.com/legal. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Ownership
Silvermine Group owns all right, title and interest in and to the websites Eform2290.com ; truckopedia.com and applicable content featured therein, which are protected by United States copyright, trademark, and other laws. All rights reserved. Specifically Silvermine Group does not convey to anyone, through allowing access to eform2290.com or truckopedia.com, any ownership rights in this or any other website or to any content appearing on the Software. Unauthorized persons may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of eform2290.com or truckopedia.com or the content of the websites.
Third Party Charges; Indemnification
You agree to be responsible for, and to pay, any and all costs and charges incurred by you to third parties, including, without limitation, providers of telecommunications products and services, in connection with your use of the Software. You agree to indemnify and hold Silvermine Group harmless from and against any such costs and charges and from and against any losses or damages suffered by Silvermine Group as a result of your breach of any of the terms and conditions of this Agreement.
Disclaimer of Warranty
Warranty Disclaimer. Silvermine Group and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Silvermine Group and all such parties together, the “Silvermine Group Parties”) make no representations or warranties concerning the Software, including without limitation regarding any Content contained in or accessed through the Software, and the Silvermine Group Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Software or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Software. The Silvermine Group Parties make no representations or warranties regarding suggestions or recommendations of Software or products offered or purchased through or in connection with the Software. THE SOFTWARE AND CONTENT ARE PROVIDED BY SILVERMINE GROUP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SILVERMINE GROUP PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SILVERMINE GROUP IN CONNECTION WITH THE SOFTWARE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Silvermine Group, eform2290.com, and truckopedia.com recognize that filing deadlines for tax returns or FMCSA updates exist and are your sole responsibility. A filing deadline is met when your tax return is “ACCEPTED by the IRS” or “ACCEPTED BY FMCSA,” as applicable, not when you submit information for filing. Eform2290.com and truckopedia.com will not be held responsible for penalties, fees, or interest that result from tax returns being accepted by the IRS after the filing deadline or from MCS-150 or UCR forms being accepted by FMCSA after the filing deadline.
Eform2290.com does not warrant nor make any representation regarding the results of your use of the tools or calculator on eform2290.com web site in terms of capability, correctness, accuracy, reliability or otherwise. No oral or written information, representation or advice given by eform2290.com or truckopedia.com or an authorized representative of eform2290.com or truckopedia.com or Silvermine Group shall create a warranty.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Silvermine Group and limits the manner in which you can seek relief from Silvermine Group. Both you and Silvermine Group acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of this Agreement, Silvermine Group’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Personnel will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of this Agreement directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New Castle County, Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Small Claims Court; Infringement. Either you or Silvermine Group may assert claims, if they qualify, in small claims court in New Castle County, Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(c) Waiver of Jury Trial. YOU AND SILVERMINE GROUP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Silvermine Group are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Silvermine Group over whether to vacate or enforce an arbitration award, YOU AND SILVERMINE GROUP WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(d) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Silvermine Group is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(e) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1230 Rosecrans Avenue, Suite 300, Manhattan Beach, CA 90266 postmarked within thirty (30) days of first accepting this Agreement. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of this Agreement’ arbitration agreement.
(f) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Silvermine Group to litigate any dispute arising out of or relating to the subject matter of this Agreement in court, then the foregoing arbitration agreement will not apply to either party, and both you and Silvermine Group agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New Castle County, Delaware, or the federal district in which that county falls.
(g) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Silvermine Group.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Silvermine Group may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable. You and Silvermine Group agree that this Agreement are the complete and exclusive statement of the mutual understanding between you and Silvermine Group, and that this Agreement supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Silvermine Group, and you do not have any authority of any kind to bind Silvermine Group in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Silvermine Group agree there are no third-party beneficiaries intended under this Agreement.
Successors and Assigns
This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns, but you may not assign or otherwise transfer this Agreement or your rights and duties without the prior written consent of Silvermine Group.