All original material on this website is the property of Sterling Enterprises. This material is not to be copied, used or displayed outside of this website without the written consent of STERLING ENTERPISES. Failure to comply may violate one or more federal copyright laws.
All other brands and trademarks are the property of their respective owners. Use of company, product or service brand names other than: Sterling Enterprises and Sterling Hardware in no way indicates ownership or trademark rights.
1. Intellectual Property. You acknowledge and agree that (a) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "intellectual property") is and shall remain our sole property, and (b) nothing in this Agreement shall confer in you any right of ownership or license rights in our intellectual property. In addition, you shall not now or in the future contest the validity of Sterling Enterprises’ intellectual property.
2. Indemnity. You agree to indemnify and hold Sterling Enterprises and our subsidiaries, affiliates, officers, directors, partners, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of the elements from or related to this website, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3. Safe Trading. Sterling Enterprises does not sell any item directly other than our own products and services. Any seller and buyer using any of our media formats or portals for any form of transaction is solely responsible for its related financial, legal and operational aspects of the sale. Because user authentication on the Internet is difficult, Sterling Enterprises cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners through the tools available on our site(s). You may also wish to consider using a third party escrow service or services that provide additional user verification.
4. Release. In the event that you have a dispute with one or more users, you release Sterling Enterprises (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
5. Responsibility for Taxes. Sterling Enterprises does not provide e-commerce provisions for its products or services as such we are not responsible for the collection or remittance of any state and/or local sales taxes resulted form any online e-commerce. Buyers and Sellers are responsible for all tax related issues that may arise out of the use of our site(s) known or unbeknown to us.
6. Information Control. We do not control the content information other than as provided by us. Any user who may find ways that are known or unknown to us in providing information or content through our system is the sole responsibility of the user. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
7. Fraud. Without limiting any other remedies, Sterling Enterprises reserves the right to block, suspend or terminate access and usage by anyone whom we may suspect that by conviction, settlement, insurance or escrow investigation, or otherwise, have engaged in fraudulent activity in connection with usages of our site(s).
8. Restrictions, Editorial Rights, And Content Guidelines. Sterling Enterprises reserves all editorial rights to all media content. For however reasons information posted (or any items listed) not originated by us should be in compliance with our publishing policy where it (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other forms of computer programming routines, bugs that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement, or (bb) you do not have a right to link to or include. Furthermore, you may not post any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the related fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
10. Access and Interference. Our web site(s) contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Sterling Enterprises site or any activity being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Sterling Enterprises by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Sterling Enterprises or the appropriate third party. You further agree not to install or embed any virus, spyware, adware or any other technologies without our knowledge or written consent.
11. User Status. You may not take any actions that may undermine the integrity or any aspect of our infrastructure, content and functionalities. You may be or disallow and /or barred form using site(s) at any time at our discretion and you will be unable to list, contribute or browse on the site.
12. Export. You acknowledge that any comments or information from our web community forum area consists of comments left by other users and content that is compiled by Sterling Enterprises, and that some user profiles and/or data may be exposed to the public to facilitate trading between Sterling Enterprises’ users. You also agree that you shall not market or export this data and information.
13. Import. We do not provide the technical ability to allow you to import from other websites to Sterling Enterprises because the content or data may not reflect our standard operating image and online reputation within our community.
14. Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your usage and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
15. No Warranty. We are not responsible for any guarantee nor claim from our users, customers and suppliers. All products and marketing information are the sole responsibility of the suppliers and are provided "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. Liability Limit. In no event shall we or our employees, partners, affiliates, suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services, or this agreement, however arising, and including negligence. Our liability, and the liability of our suppliers, to you or any third parties in any circumstance, is limited to the amount of money you paid to us within a 12-month period pertaining to the specific transaction concern that give rise to the liability at issue. And in no event should the liability amount be greater than five hundred US dollars ($500.00).
17. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services, products, and website related features and activities.
18. No Agency. You and Sterling Enterprises are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Sterling Enterprises to collect our fees and/or recover damages for, or obtain an injunction relating to, the Sterling Enterprises site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Anaheim, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Sterling Enterprises may seek any interim or preliminary relief from a court of competent jurisdiction in Anaheim, California necessary to protect the rights or property of you or Sterling Enterprises pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs of no more than five hundred ($500.00) US dollars.
20. General. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Sterling Enterprises, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.