You will need to read this Agreement in its entirety to review the general provisions of the Terms of Use and Additional Terms specific to the product or service for which you are now signing up. Your use of Sterling Enterprises constitutes your agreement to these Terms of Use. Your use of a particular Sterling Enterprises Web site included within, or acceptance of a product, service, or benefit obtained through Sterling Enterprises, may also be subject to additional terms specified in this document, on the applicable Sterling Enterprises Web site or in other accompanying documentation (as such terms that may be modified by Sterling Enterprises from time to time as described below in the "Additional Terms").
If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within or applicable to any particular Sterling Enterprises Web site, service, product or benefit, then the applicable Additional Terms shall control. You agree to familiarize yourself with the Terms of Use and Notices, including the Additional Terms, and other terms and guidelines found throughout the Sterling Enterprises Web site and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply.
You are required to agree to the following terms of use. Please read these terms of use carefully before purchasing any of Sterling Enterprises's products and/or services on this web site. By clicking on the box next to the phrase "terms of use" on any order page (pursuant to the instructions located thereon), you are agreeing to be bound by the following terms of use, as amended from time to time by Sterling Enterprises (the "agreement").
2. Registration Process
To use any Sterling Enterprises SERVICE, you must submit certain registration data. Such registration data shall include, but shall not be limited to, your name, address, e-mail address, phone number, and other billing information. You hereby certify that all of the registration data you provide to Sterling Enterprises is accurate and complete, and you agree to notify Sterling Enterprises within thirty (30) days of any changes to such data.
3. Changes to Agreement
Sterling Enterprises reserves the right to modify this Agreement at its own discretion. If any modification to this Agreement is unacceptable to you, you may immediately terminate or cancel this agreement by providing written notice to Sterling Enterprises; you will not receive any refund of fees paid by you hereunder in connection with any such termination. If you do not terminate or cancel the Agreement, or if you continue to use a SUBSCRIPTION SERVICE or any other SERVICE following any modification to this Agreement, your continued use will mean that you have accepted that modification. You are responsible for regularly reviewing these terms and conditions.
4. Limitations and Restrictions
As a condition of your use of Sterling Enterprises, you warrant to Sterling Enterprises that you will not use Sterling Enterprises for any purpose that is unlawful, or prohibited by these Terms of Use and Notices or the Additional Terms (as may be modified from time to time). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from Sterling Enterprises, except as expressly provided herein, or with written consent by both you and Sterling Enterprises. You may not use any SUBSCRIPTION SERVICE (or any component thereof) or any other SERVICE for the activities listed below. In the event you violate this provision, this Agreement will immediately be terminated and you will no longer be able to use the SUBSCRIPTION SERVICE (or any component thereof) or any other SERVICE. You may not use the SUBSCRIPTION SERVICE (or any component thereof) or any other SERVICE to display or otherwise use any material, content, software or information provided through or in connection with Sterling Enterprises to:
- defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns;
- publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs);
- sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) and/or are misrepresented ;
- harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
- restrict or inhibit any other user from using and enjoying its rights in Sterling Enterprises, interfering with or disrupting the Sterling Enterprises service or servers or network connected to Sterling Enterprises; or, violate any applicable government laws or regulations.
- Sterling Enterprises is not obligated to monitor the content on Sterling Enterprises. However, with respect to the use of the products and services offered on Sterling Enterprises. Sterling Enterprises reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Sterling Enterprises Web sites, in Sterling Enterprises's sole discretion, without notice at any time.
5. Links to Third Party Sites
Links within Sterling Enterprises may let you leave Sterling Enterprises. You acknowledge that the linked sites are not under the control of Sterling Enterprises and that Sterling Enterprises is not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. Sterling Enterprises is not responsible for web casting or any other form of transmission received from any linked site. Sterling Enterprises is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sterling Enterprises of the linked site or any association with their operators.
6. Your License to Sterling Enterprises
Sterling Enterprises does not claim ownership of the materials you provide to Sterling Enterprises (including feedback and suggestions) or post, upload, input or submit in connection with your use of Sterling Enterprises or any web site ("Your Web Site") created by Sterling Enterprises for you or on your behalf in connection with the use of Sterling Enterprises (collectively "Submissions"). However, you grant Sterling Enterprises a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your web site name on the Sterling Enterprises website as in a section called "Our Clients") your Submission only in connection with the operation and promotion of Sterling Enterprises. No compensation will be paid or due you with respect to Sterling Enterprises's or its sublicensee's use of the materials as licensed. Sterling Enterprises is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Sterling Enterprises's sole discretion. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Sterling Enterprises Web site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant Sterling Enterprises the license set forth above, and you will defend and indemnify Sterling Enterprises and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.
7. Limitation of Liability Disclaimer
You agree that our entire liability and that of any third party providing services as part of the subscription service or any other service, and your exclusive remedy, with respect to the subscription service and any other service, and any matter arising out of this agreement, is solely limited to the amount you paid for such subscription service or service. Sterling Enterprises, its contractors, affiliates (including third parties providing services as part of the subscription service or any other service) and parent companies shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Sterling Enterprises or resulting from the use or inability to use the subscription service or any other service, or any of the Sterling Enterprises designed web sites, web site hosting service, or other Sterling Enterprises services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your account information (including any passwords); (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Sterling Enterprises web site or any of the services included in the subscription service or any other service; (8) loss or liability from your inability to use any component of the subscription service or other services; (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your Sterling Enterprises web site or registration data, or your agents failure to pay any fees, including the monthly subscription service fee. You hereby acknowledge that this provision will apply whether or not Sterling Enterprises is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available through Sterling Enterprises. The terms of this Section will survive any termination or cancellation of this agreement.
The information, products, services, and other material included in or available through Sterling Enterprises may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via Sterling Enterprises should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.The terms of this Section will survive any termination or cancellation of this agreement.
Without limiting the foregoing, Sterling Enterprises is not responsible for any of your data residing on Sterling Enterprises hardware. You are responsible for backing-up your data and information that may reside on the Sterling Enterprises hardware, or any 3rd party hardware, whether or not such information is produced through the use of Sterling Enterprises. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. The terms of this Section will survive any termination or cancellation of this agreement.
9. Disclaimer of Warranty
You agree and understand that you are using any SUBSCRIPTION SERVICE or any other SERVICE at your own risk. The SUBSCRIPTION SERVICE or any other SERVICE is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Sterling Enterprises EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SUBSCRIPTION SERVICE OR ANY OTHER SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE OR UNINTERRUPTED. Sterling Enterprises DOES NOT GUARANTEE YOUR RECEIPT OF SERVICE AT ANY PARTICULAR TIME OR THE INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Sterling Enterprises, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination or cancellation of this agreement.
10. Access Restriction
Sterling Enterprises reserves the right to deny in its sole discretion any user access to Sterling Enterprises or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Sterling Enterprises, and for any use or misuse of your account or Sterling Enterprises resulting from any third party using a password or user name issued to you.
11. Termination
Sterling Enterprises may terminate this Agreement and your access to Sterling Enterprises (in whole or in part) and related services at any time, with or without cause, and with or without notice. Anyone determined by Sterling Enterprises to have violated these Terms of Use and Notices, or any Additional Terms may be barred from using Sterling Enterprises, or from receiving any products, services or benefits from Sterling Enterprises. In addition, if you violate any of these Terms of Use and Notices, or Additional Terms (as applicable) you will forfeit all in-kind credits and any other amounts accruing to you (if any) in connection with Sterling Enterprises.
A. Cancellation Policy
All fees are non-refundable once your request for a Sterling Enterprises DESIGNED WEB SITE, a SUBSCRIPTION SERVICE, the WEB SITE HOSTING SERVICE, or any SERVICE, is received. If you cancel your subscription before the end of any initial minimum term, Sterling Enterprises will not refund any subscription fees or payments for the customized web site development service paid prior to such cancellation. You will also be required to pay the entire standard monthly charge for each month remaining in any initial minimum term. To cancel your Sterling Enterprises subscription, you must submit your request for termination to Sterling Enterprises. For security reasons, all requests for cancellation of a subscription must be made by the primary contact person on the account and must specify the exact SERVICE to be cancelled and the applicable registered login email address for the account. Subscription cancellations will be effective upon Sterling Enterprises's receipt of such information. Cancellation of any Sterling Enterprises service (whether by Sterling Enterprises or by you) will not relieve you of any payment obligations as set forth in these Terms of Use and Notices.
B. Effect of Termination
Upon any termination of this Agreement, your right to use the SUBSCRIPTION SERVICE (and, therefore, your license to use the Sterling Enterprises WEB SITE) or any other SERVICE will automatically terminate, and you shall immediately cease any use of the Sterling Enterprises WEB SITE and the SUBSCRIPTION SERVICE or any other SERVICE; Sterling Enterprises shall immediately cease providing the SUBSCRIPTION SERVICE or any other SERVICE. Unless otherwise specified in writing by Sterling Enterprises, you will not receive any refund for monthly payments already made by you as of the date of termination. If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Sterling Enterprises incurs in closing your account. You agree to pay any and all costs incurred by Sterling Enterprises in enforcing your compliance with this Section.
12. General
This agreement constitutes the entire agreement between you and Sterling Enterprises with respect to any SUBSCRIPTION SERVICE, or any other SERVICE and your use of Sterling Enterprises supersedes all prior agreements between you and Sterling Enterprises pertaining to the same. Sterling Enterprises's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Interpretation and enforcement of this agreement will be governed by the laws of the State of Delhi, India (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal courts in the district of the State of Delhi (New Delhi), Delhi for any action arising out of or related in any way to this Agreement or relating to your use of Sterling Enterprises (or any component thereof). Nothing in this agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and Sterling Enterprises, and you do not have any authority to create any obligation or make any representation on Sterling Enterprises's behalf, unless a specific written agreement between you and Sterling Enterprises is made. Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other. You may not assign this agreement, by operation of law or otherwise, without Sterling Enterprises's written consent. Subject to the foregoing, this agreement will be binding on, inure to the benefit of and be enforceable against you and Sterling Enterprises and their respective successors and assigns. Other than services provided as a part of the SUBSCRIPTION SERVICE or any other Sterling Enterprises SERVICE, Sterling Enterprises is not responsible for and shall have no liability with respect to any products and/or services purchased by you from other parties, whether through the Sterling Enterprises Web site or otherwise, and the provision of any such other products and/or services shall be subject to your agreement, if any, with the party providing the other products and/or services. The terms of this Section will survive any termination of this agreement.
13. Indemnification
You agree to defend, indemnify, and hold Sterling Enterprises and its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and expenses) of third parties arising from or related to (a) any information, material, content products, or services available on your licensed Sterling Enterprises DESIGNED WEB SITE; (b) your use of the WEB SITE HOSTING SERVICE or the licensed Sterling Enterprises DESIGNED WEB SITE, or any other SERVICE; or (c) any use of your licensed Sterling Enterprises DESIGNED WEB SITE. The obligations in this Section will not be limited in any way by any other provisions of this Agreement, including the limitation of liability section set forth above.
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