These Terms state the terms and conditions under which the Materials are provided to you on or through this Site (www.sterlingculture.com) only. Other Web sites, products and services, provided, supplied, or delivered to You by or via Sterling Culture may be subject to separate terms and conditions, policies and agreements, regardless of the fact whether the operator or the provider is Sterling Cultureor a third party.
2. Third-Party Web Sites, Products, and Services
The Site includes links to other Web sites and provides access to products and services offered by third parties. When you access another Web site or purchase products or services or conduct other transactions through this Site, use of each material, product, or service governed by the terms and conditions applicable to that specific material, product, or service. Those terms and conditions may differ from these Terms. If you cannot find the terms and conditions applicable to that specific material, product, or service via a link either from the Web site′s home page or from the pages on which that material, product, or service is offered, you should contact the provider (supplier) directly for more information.
By accessing or using the Site and the Materials, You consent to the acceptable use practices described in these Terms, which include the Policy and the Statement, as modified from time to time by Sterling Culture. The purpose of these Terms to protect the Site and the Materials, Sterling Culture customers, and others from inappropriate, unauthorized, illegal or otherwise objectionable activities. Please read these Terms together with our Policy and the Statement and any other applicable policies. If you do not agree to accept and comply with these Terms, including all documents, policies and guidelines incorporated herein, please do not use the Site and the Materials.
4. Intended Audience
Approved Access offers the Site and the Materials from its headquarters in the United Kingdom for customers located in the United Kingdom and make no representation that the Materials and the Site are appropriate or will be available for use in other jurisdictions. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals and entities located in the United Kingdom. Your use of the Materials is subject to all applicable laws.
5. Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Materials are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.
6. Your Responsibilities
You must (a) comply with all applicable laws in connection with Your use of the Site and the Materials, (b) not use the Site and the Materials for any illegal purpose, (c) not interfere or otherwise disrupt networks connected to the Site, (d) not use the Site and the Materials to infringe any third party′s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (e) not transmit through the Site, through the feedback form or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any nature, (f) not attempt to gain unauthorized access to other computer systems and (g) not interfere with another user′s use and enjoyment of the Site. You are solely responsible for backing up all data stored on your computer and for protecting such data from loss or theft.
Sterling Culture respects the privacy of visitors to the Site. You should read the Policy for more information regarding privacy.
8. Permission to Use Materials
Permission to use Materials (such as white papers, press releases, datasheets and FAQs) from the Site is granted, provided that (1) use of such Materials from the Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (2) no modifications of any Materials are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Materials for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Materials specified above do not include the design or layout of the Site or any other Sterling Culture owned, operated, licensed or controlled site. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Sterling Culture.
THE MATERIALS ARE PROVIDED BY STERLING CULTURE WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, DOES NOT WARRANT OR REPRESENT THAT (A) THE MATERIALS OR THE SITE WILL BE ERROR FREE, (B) DEFECTS IN THE MATERIALS OR THE SITE WILL BE CORRECTED OR (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE.
STERLING CULTURE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. STERLING CULTURE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STERLING CULTURE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. Limitation of Liability
IN NO EVENT SHALL STERLING CULTURE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS AVAILABLE FROM THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY STERLING CULTURE.
You shall indemnify and hold harmless Sterling Culture and any third party information providers for the Materials from and against all costs, damages, expenses, liabilities and losses incurred by Sterling Culture (including, but not limited to, fees and disbursements of counsel to Sterling Culture) (i) in connection with Your failure to perform any obligation pursuant to these Terms; (ii) Your negligence or otherwise in connection with Your use of the Materials or the Site, except to the extent such costs, damages, expenses and losses are incurred by Sterling Culture solely due to the gross negligence of Sterling Culture, (iii) any violation of any rights of a third party, (iv) any violation of applicable law or regulation; (v) information or Content that you submit, post, transmit or make available through the Services, or (vi) your use of the Services.
12. Termination and Modification
Sterling Culture may at any time suspend, terminate or modify the Materials, or Your access to the Site, without notice to you and without any liability to you for such suspension, termination or modification.
You may terminate using this Site and the Materials at any time. Sterling Culture reserves the right to modify these Terms, the Policy, and the Statement at any time, effective upon its posting, as modified, on this Site (www.sterlingculture.com). By using the Site and the Materials, You agree to abide by these Terms, the Policy, and the Statement, as modified from time to time. You should refer to these Terms, the Policy, and the Statement to ensure that your activities comply with the most recent version.
You may send notices to Sterling Culture by email or use our other contacts. Any such notice will be effective upon actual receipt by Sterling Culture. Sterling Culture may send notices to you through email, regular mail or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting in the case of such notice being posted on the Site.
14. Force Majeure
Sterling Culture will not be liable to You for any failure or delay in the performance of an obligation pursuant to these terms and conditions to the extent such failure or delay is caused by circumstances beyond its reasonable control (including, but not limited to, earthquake, fire, flood or other casualty, an act of God, a strike, lockout or other labour dispute, war, embargo, blockade, legal restriction, riot, insurrection or governmental action).
15. Governing Law
These Terms shall be governed by, and shall be interpreted and enforced in accordance with, the internal law of the UK, without regard to principles of conflict of laws.
If any provision of this Use Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
17. No Third-Party Beneficiaries
No individual or entity is a third-party beneficiary to this Agreement. Each provision of this Agreement may be enforced only by Sterling Culture or You or, to the extent permitted by this Agreement, any successor or assignee of Sterling Culture or You.
These terms and conditions constitute the entire agreement between you and Sterling Culture with respect to the subject matter of these Terms, and supersede all prior oral and written proposals, representations, understandings and agreements.