Terms of Use

Acceptance of terms

The services Sterling Talon provides to you ("User") through this website are subject to these Terms and Conditions ("T&Cs"). Sterling Talon may update the T&Cs at any time without notice. The current version is always available from the "Terms of Use" link at the bottom of our web pages.

This Agreement, which incorporates by reference other provisions applicable to use of sterlingtalon.com, including any supplemental terms governing the use of specific material on sterlingtalon.com ("Supplemental Terms"), sets forth the terms and conditions that apply to your use of sterlingtalon.com. By using sterlingtalon.com (other than to read this Agreement for the first time), you agree to comply with all of these terms and conditions. The right to use sterlingtalon.com is personal to you and is not transferable to any other person or entity.

Sterling Talon may at any time change or discontinue any aspect or feature of sterlingtalon.com, including its content, hours of availability, and the equipment needed for access or use.

Changed terms

Sterling Talon may at any time change or modify the terms and conditions that apply to your use of sterlingtalon.com, or any part of it, or impose new conditions, including adding fees and charges for use. Such changes take effect immediately upon notice, which may be given by posting on sterlingtalon.com, by electronic or conventional mail, or by any other means by which you obtain notice. Any use of sterlingtalon.com after such notice constitutes your acceptance of the changes.

Description of services

Through its website, Sterling Talon provides access to a variety of resources, including information about our services, case studies, downloadable materials and contact forms (collectively, "Services"). The Services, including any updates, enhancements, new features and new web properties, are subject to these T&Cs.

Equipment

You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed to access and use sterlingtalon.com, and for all related charges.

User conduct

You will use sterlingtalon.com for lawful purposes only. You will not post or transmit through sterlingtalon.com any material that violates or infringes the rights of others; that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or that, without Sterling Talon's express prior approval, contains advertising or any solicitation of products or services. Any conduct that, in Sterling Talon's discretion, restricts or inhibits any other user from using or enjoying sterlingtalon.com is not permitted.

sterlingtalon.com contains copyrighted material, trademarks and other proprietary information, including text, software, photos, video, graphics, music and sound, and its entire contents are copyrighted as a collective work under United States copyright law. Sterling Talon owns a copyright in the selection, coordination, arrangement and enhancement of that content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express permission of Sterling Talon and the copyright owner. Where copying, redistribution or publication is permitted, no author attribution, trademark legend or copyright notice may be changed or deleted. You do not acquire any ownership rights by downloading copyrighted material.

You will not upload, post or otherwise make available on sterlingtalon.com any material protected by copyright, trademark or other proprietary right without the express permission of its owner, and the burden of determining that any material is not so protected rests with you. You are solely liable for any damage resulting from any infringement of copyrights or proprietary rights, or any other harm resulting from such a submission. By submitting material to sterlingtalon.com, you grant, or warrant that the owner of the material has expressly granted, Sterling Talon a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the material, in whole or in part, worldwide, and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any copyright in the material.

The provisions of this section are for the benefit of Sterling Talon, its subsidiaries, affiliates and third-party content providers and licensors, each of whom may assert and enforce them directly or on its own behalf.

Use of services

The Services may include contact forms, email and other communication features that let you communicate with us ("Communication Services"). You agree to use them only to send messages and material that are proper and, where applicable, related to the particular Communication Service. For example, you agree that you will not:

• Use the Communication Services for surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages, commercial or otherwise.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights, such as rights of privacy and publicity, of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload or otherwise make available files containing images, photographs, software or other material protected by intellectual property laws, or by rights of privacy or publicity, unless you own or control the rights or have received all necessary consents.
• Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other software that may damage the operation of another's computer or property.
• Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of the origin or source of any material.
• Harvest or otherwise collect information about others, including email addresses.
• Create a false identity for the purpose of misleading others.
• Violate any applicable laws or regulations.

Sterling Talon has no obligation to monitor the Communication Services, but may review and remove any materials at its sole discretion, and may terminate your access to any or all of them at any time, without notice, for any reason. Sterling Talon may at all times disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Always use caution when giving out personally identifiable information. Please see our Privacy Policy for how we handle the information you send us.

Documents available on this website

Permission to use documents such as white papers, case studies, press releases, datasheets and FAQs from the Services ("Documents") is granted, provided that (1) the copyright notice appears in all copies, together with this permission notice; (2) use of the Documents is for informational, non-commercial or personal purposes only, and they will not be copied or posted on any network computer or broadcast in any media; and (3) no modifications are made to any Documents. Accredited educational institutions may download and reproduce the Documents for classroom distribution. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited.

STERLING TALON AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. STERLING TALON 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. IN NO EVENT SHALL STERLING TALON AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER 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 INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STERLING TALON 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.

Liability

IN NO EVENT SHALL STERLING TALON AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER 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 SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

Materials provided to Sterling Talon

Sterling Talon does not claim ownership of the materials you provide to Sterling Talon, including feedback and suggestions, or post, upload, input or submit to any Services (each a "Submission"). However, by providing a Submission, you grant Sterling Talon, its affiliated companies and necessary sublicensees permission to use it in connection with the operation of their businesses, including the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat it; to publish your name in connection with it; and to sublicense such rights to any supplier of the Services.

No compensation will be paid for the use of your Submission. Sterling Talon is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. By providing a Submission, you warrant that you own or otherwise control all of the rights to it as described in these Terms, including all the rights necessary for you to provide it.

If your Submission contains images, you also warrant that (a) you are the copyright owner of the images, or the copyright owner has granted you permission to use them consistent with the manner and purpose of your use; (b) you have the rights necessary to grant the licenses described in these Terms; and (c) each person depicted in the images, if any, has consented to their use as set forth in these Terms.

Disclaimer of warranty; limitation of liability

YOU EXPRESSLY AGREE THAT USE OF STERLINGTALON.COM IS AT YOUR SOLE RISK. NEITHER STERLING TALON, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT STERLINGTALON.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF STERLINGTALON.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH STERLINGTALON.COM.

STERLINGTALON.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STERLING TALON IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL STERLING TALON, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING STERLINGTALON.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE STERLINGTALON.COM. THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT ON THE SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER STERLING TALON NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN STERLINGTALON.COM, OR FOR ANY DELAY OR INTERRUPTION IN ITS TRANSMISSION, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Results described on this site are specific to the clients named and are not a guarantee of future results. See our Earnings Disclaimer.

FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, AND FAILURES OF THIRD-PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS OF ITS OCCURRENCE. PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT PREVENTS THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

Links to third-party sites

THIS WEBSITE MAY CONTAIN LINKS THAT WILL LET YOU LEAVE STERLING TALON'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF STERLING TALON, AND STERLING TALON IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. STERLING TALON PROVIDES THESE LINKS ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY STERLING TALON OF THE SITE.

Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties are those of their respective authors or distributors and not of Sterling Talon. Under no circumstances will Sterling Talon be liable for any loss or damage caused by your reliance on information obtained through sterlingtalon.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Sterling Talon. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Unsolicited idea submission policy

Sterling Talon and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products or technologies, processes, materials, marketing plans or product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Sterling Talon's products or marketing strategies might seem similar to ideas submitted to it. If, despite this request, you still send us your ideas and materials, please understand that Sterling Talon makes no assurances that they will be treated as confidential or proprietary.

Monitoring

Sterling Talon has the right, but not the obligation, to monitor the content of sterlingtalon.com to determine compliance with this Agreement and any operating rules established by Sterling Talon, and to satisfy any law, regulation or authorized government request. Sterling Talon may, in its sole discretion, edit, refuse to post or remove any material submitted to or posted on sterlingtalon.com.

Indemnification

You agree to defend, indemnify and hold harmless Sterling Talon, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of sterlingtalon.com.

Miscellaneous

This Agreement and any operating rules for sterlingtalon.com established by Sterling Talon constitute the entire agreement of the parties with respect to its subject matter, and supersede all previous written or oral agreements between the parties with respect to that subject matter. This Agreement shall be construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Copyright and trademarks

Sterling Talon and its logos are trademarks of Strategenic, Inc. d/b/a Sterling Talon. All rights reserved. The names of other companies, organizations and products mentioned on this site may be trademarks of their respective owners and are used with permission or for identification only.

Any rights not expressly granted herein are reserved.