SECTION 1 - Overview
This website is operated by our holding company as named on our Contact Us page. Throughout the site, the terms “we”, “us” and “our” refer to the name of the company as indicted by the name of the website. Our company offers to the user all of the information and buying opportunities on this website, including all information, tools and services therein, with the express understanding that all company terms and conditions are accepted.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”). This includes those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read the Terms and Conditions, carefully, before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools added to the current website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions, at any time, on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our online store is hosted with an Online Infrastructure Provider. Our support provider provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 2 - ONLINE STORE TERMS (IF APPLICABLE)
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change, at any time, without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our company. You agree to promptly update your account information and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not check or monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions, of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and at your discretion. You should ensure that you are familiar with, and approve, the terms on which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant or have any liability or responsibility for any of these links or their websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, with or without a request from us, you send us certain specific information (for example, contest entries) including, but not limited to, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any information that you send to us. We are and shall be under no obligation to (1) maintain it in confidence; (2) pay compensation for any it; or (3) respond to it.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property rights or violates these Terms and Conditions.
You agree that any information sent to us will not violate the rights of any third-party, including, but not limited to, rights related to copyright, trademark, privacy, personality, or any other personal or proprietary right. You further agree that your information will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, or any related website to the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties, as to the origin or source of any information. You are solely responsible for any information you provide and its accuracy. You expressly agree to be financially liable for any resulting claims against the company as a result of your submission of information to us. We take no responsibility and assume no liability for any information posted on our website by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, go to our Privacy Policy website.
SECTION 12 – INFORMATION ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if we discover it to be inaccurate, at any time, without prior notice. We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – ORDER ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be orders processed that contain typographical errors, inaccuracies, or omissions that may relate to, but not limited to, names of customers, product mailing addresses, pricing, shipping charges, transit times, and/or availability. We reserve the right to correct any orders containing errors, inaccuracies or omissions, and to change or update information in those orders at any time, without prior notice, if we discover the information to warrant and need a change.
We undertake no obligation to update, amend, or clarify information in the order, or on any website related to the order, including, but not limited to, pricing information, or other information, except as required by law. No specified update to the order should be taken to indicate that any other information in the Service or on the order has been modified or updated. This policy also applies to orders after they have been processed and shipped out.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the site or its content to: (a) engage in any unlawful purpose; (b) solicit others to perform or participate in any unlawful acts; (c) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) treat unfairly, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) collect or track the personal information of others; (i) spam, phish, pharm, pretext, spider, crawl, or scrape; (j) act in an obscene or immoral way or use for an obscene or immoral purpose; or (k) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service, or any related website, at any time, without notice, for violating any of the prohibited uses.
SECTION 15. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that, from time to time, we may take the website offline for indefinite periods of time or cancel our service, at any time, without notice to you. You expressly agree that your use of, or inability to use, the service, is at your own sole risk. The Service, and all products and services delivered to you through the service, are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 16. LIMITATION OF LIABILITY
In no case shall our company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Service or products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless our company and any parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - AGREEMENT TO ARBITRATE
It is agreed by all parties that any disputes surrounding the Service must be handled through binding arbitration. Rights to a law suit are waived expressly, explicitly, and implicitly. You agree, for any disagreement or dispute related to the company, to the following:
(1) To allow a single person or company in the business of arbitration to conduct the arbitration;
(2) to allow the arbitrator to be selected at random from four arbitration choices, two of which to be provided by you, and two of which to be provided by the company;
(3) to be legally responsible for one half of the cost of arbitration;
(4) to pay upfront one half of the cost of arbitration directly to the arbitrator;
(5) to allow this arbitration statement to supersede, overwrite, and take precedent over, any other legal right to sue that you may have, as provided to you by United States law, state law where you live, state law where the company is located, or any other state or international law.
SECTION 19 – WAIVER OF MANUFACTURER STATUS
You agree to waive any claims that you may have against our company related to the manufacturing of products sold by our company. You agree to not hold our company liable for any damages as a result of a product that we purchased from a manufacturer and then resold to you. You agree that while certain United States laws determine that our company is the manufacturer, and therefore liable, because our company has placed its label on the product, you agree to waive these rights to claims against our company. You also agree to address with the original manufacturer, and not with our company, any issue with a product the we sell. You agree that we will provide you with the name and contact information to the relevant manufacturer, upon request. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are considered effective, unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States, in the state where the company’s corporate headquarters is located.
SECTION 23 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at the email address found on our Contact Us page.
Sterling Consulting Company
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