Terms of Use



IMPORTANT: Please review the following terms and conditions carefully.  These Terms of Use are a legally binding contract between you and Steve Sterling ("Sterling" or "I" or "me" or “my” or “mine”) pertaining to the access and use of the services offered, and all products, information, content, media, content, printed materials and "online" or other electronic documentation accessible from, www.plant-cuisine.com or any sub-domains thereof or other websites operated by or for Sterling (“this website").


This website is offered by Sterling to you free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. Your access and use of this website is conditioned upon your continued compliance with these Terms of Use.  Please read these Terms of Use carefully, as your use of this website constitutes your acceptance of these Terms of Use.  


Sterling reserves the right to change the Terms of Use any time by reasonable notice, including without limitation by posting revised terms on this website (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms of Use each time that you view this website.



Disclaimer

You acknowledge that the materials on this website are provided "as is" for general information only and without warranties of any kind. The materials on this website are not meant to be used for self-diagnosis or to replace the services of a mental or physical healthcare professional.  While Sterling endeavors to keep the materials on this website current, information changes rapidly and thus, the materials on this website should not be relied upon to be fully comprehensive or error free.


Sterling does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on this website or by the companies or organizations linked or referred to in this website.



Restrictions on Use of Materials


Unless otherwise indicated, Sterling or his licensors holds the copyright to all materials on this website, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design.  Additionally, Sterling owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on this website, unless otherwise noted.  Without the explicit consent of Sterling, no material from this website (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.  Any unauthorized use of materials contained on this website may violate copyright, trademark and other laws.  Sterling retains all rights not expressly granted, and nothing in these Terms of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty.  Nothing in these Terms of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Sterling or any third party.


Sterling will allow you to view and print information, documents and web pages located on this website for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Sterling and if possible provide a reference to Sterling's main site www.plant-cuisine.com, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Sterling 's material.  No electronic copies are permitted.  If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms of Use and they must agree to abide by these Terms of Use.  Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Sterling or his licensors.



Sponsors


Sterling may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance this website services and activities.  Such acknowledgement may be in the form of recognition on this website by use of such persons or companies' own names or marks and/or links to such person or companies' own websites.  However, Sterling does not solicit or permit the purchase or use of advertisements or commercial endorsements on this website by any person or company (including, without limitation, its sponsors and donors).  If you choose to click on the links to any of the sponsors' websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of this website’s sponsors, you do so on your own initiative and you agree that Sterling is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with this website.



Links To Other Sites; Link Agreement


Sterling may provide links to other Internet sites or resources.  Sterling likewise may permit others to post on certain public forums links to other Internet sites or resources.  The information provided to you in such links are provided solely for your interactive enjoyment.  The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Sterling.


Links to this website are permitted by Sterling only in accordance with Sterling’s link policy.  You should be aware that links to this website may be provided from other sites, either known or unknown to Sterling, and some links to this website may be unauthorized, and accessing any other site linked to or from this website is done at your own risk.  Sterling has not reviewed and is not responsible for the content of any third-party sites linked to or from this website.



General Indemnification


You agree that you will hold harmless Sterling, his officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, this website or other sites to which they are linked.  If your use of materials from this website results in the need for servicing, repair of equipment or data, you will assume any costs thereof.



Limitation of Liability


In no event and under no circumstances shall Sterling or the contributors of information to this website or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user's) or any unrelated party's use or inability to use this website, or your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of this website, even if Sterling, or any of his authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms Of Use fail of their essential purpose.



Disclaimer of Warranties


This website (including without limitation all services and content) are provided "as is" and "with all faults" without warranty of any kind and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. there is no warranty, representation or guarantee that this website will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from this website is free of viruses, worms, trojan horses or other harmful components. further, Sterling does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of this website either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on this website solely at your own risk.  Any and all other representations and warranties including but not limited to any implied warranties of merchantability and/or fitness of the product for a particular use or purpose, quality, course of dealings, usage of trade, inaccuracy in content caused by Sterling’s failure to perform with reasonable care, quiet enjoyment or non-infringement are hereby expressly disclaimed.


The site is managed in remote locations.  Sterling makes no representation that it operates (or is legally permitted to operate) in all geographic areas.  Sterling makes no representation that this website, services or information found through this website or services is appropriate or available for use in all geographic locations, and accessing this website from territories where the content of this website is illegal is expressly prohibited. if you view this website and/or access the services from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.



Disclaimer Regarding Translated Content


In addition to the general disclaimer of warranties provided under these Terms Of Use, Sterling does not warrant the accuracy, reliability, or timeliness of any information provided on its Sites in languages other than English (“Translated Content”). Any person or entity that relies on information obtained from the Translated Content does so at his or her own risk. Sterling is not responsible for any damage or issues that may possibly result from using the Translated Content. If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.



Website Services


Services.  In furtherance of Sterling’s activities, Sterling may offer from time to time certain services or features on this website (including without limitation, message boards, blogs, chatrooms, public forums, personal home pages, on-line donations, shopping carts and tutorials) (collectively, the "Services"). The following terms under these Terms Of Use pertain to your ability to use the Services made available by Sterling on this website.  Sterling will permit your use of the Services free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use, only for as long as your use of the Services are helping Sterling to fulfill Sterling’s activities.


Account Set Up. Browsing of this website public pages is currently provided free of charge to any person.  However, access to the Services and certain features of this website will require an account to be first established and activated for you. You may sign up for an account by accessing this website and following the direction for setting up an account.  When you register for an account, you will be asked to create a unique user name (and/or a forum name), a password and a valid email address for your account.  You will be asked whether you have read these Terms Of Use and agree to abide by its terms.  You may be asked specific questions if you are seeking to use certain features of this website (such as a Personal Home Page), and your answers to those questions will determine whether or not you are eligible to register for those features.  If you answer "I agree" and you answer all of the questions posed for each feature and otherwise are eligible, your account may be activated.  If you answer "I Do Not Agree" or otherwise do not answer all of the questions or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online.


Sterling reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediate after you register and you must confirm your email address and acceptance of these Terms Of Use by clicking on the confirmation link in the notification email. Once your account is activated and you have confirmed, you will be permitted to log in, view, load, post and use the Services and the specific features of each Sterling public forum or service for which you have been registered.  By making such confirmation, you acknowledge that you have read these Terms Of Use, understand your rights and obligations, and agree to be bound by these Terms Of Use.  You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services.


Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password.  You also are responsible for all activities that occur under your password and user name or your account made by you or others.  You will immediately notify Sterling if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security.  You must ensure that you exit from your account at the end of each session.  You will be permitted to access only those portions of this website for which you have been granted permission to use by Sterling.


Account Requirements. In consideration of your use of this website and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sterling has reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, Sterling reserve the right to suspend or terminate your account and refuse any and all current or future use of this website or the Services or any portion thereof.


Parental Consent. As part of the account activation process, you must certify that you are 18 years of age or older.  If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services.  In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of this website and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of this website and the Services and/or information contained on this website is appropriate for the minor child and whether the minor child should participate in any feature of this website or Services, including without limitation the message boards, blogs or chatrooms. You should understand that Sterling may disclose any activity under the minor child's account to the parent or legal guardian.


Message Boards & Other Public Forums. As part of your account, you may participate in certain message boards, blogs, chatrooms, instant messaging and other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. You further agree that Sterling may use the posted content in any manner that it deems necessary or appropriate.


Sterling reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others.  Sterling cannot and does not guarantee that it will post every content submitted or that such content will not be offensive, defamatory, or objectionable.  Although Sterling reserves the right to remove without notice any posting for any reason, Sterling has no obligation to delete content that you personally may find objectionable or offensive.  Sterling does not control in real time the information posted via the Services and as such does not guarantee the accuracy, integrity or quality of such information.  In addition to other disclaimers found in these Terms Of Use, Sterling does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any Sterling public forum.


Posted or Shared Content. You may post or share messages, text, photos, testimonials or other content (including, without limitation, information that you provide about survivorship status) on this website via the public forums, your social media pages, or any page on this website that specifically provides that the content may be used in a public manner.  Any such content submitted to Sterling will be treated as non-confidential and non-proprietary, and you authorize Sterling and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display, publish or otherwise use all or any part of such information in furtherance of its operations and Sterling’s spiritual activities throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason.  To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any such content posted or shared by you.  By posting or sharing such content, you represent to Sterling that you own or have the right to use and permit Sterling to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on your social media pages, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post or share any information relating to or photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize Sterling and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Sterling 's operations and activities throughout the world, and any such permission cannot be revoked for any reason.  Sterling reserves the right to refuse to post or share content, remove content, or disable your account due to: (i) the high-risk nature of a proposed fundraising activity (e.g. bungee jumping, parachuting, hand gliding, cliff diving); (ii) the potentially negative impact on Sterling 's outstanding, irreplaceable public image due to a proposed fundraising activity or posted or shared content; or (iii) any other reasonable factor as determined by Sterling in its sole discretion.  If Sterling elects to disable your account, Sterling will notify you of his disapproval via email at the address provided with your registration.


Availability of Service.  Sterling reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on Sterling 's servers on your behalf.  Without limiting the foregoing, you agree that Sterling shall have no responsibility or liability for the deletion or failure to deliver or store your social media pages or any other public forum, or any information, pictures, content or email provided by or stored by you on your social media pages or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Sterling.


You acknowledge that Sterling reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice.  You agree that Sterling shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.


Shopping Cart Purchases & On-Line Donations.  In order to purchase products from this website' store or make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email.  You are responsible for the accuracy of the information in your account(s) supplied by you to Sterling. By providing such information to Sterling by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to Sterling for use in processing your orders or receiving your donations from this website.  


In order to purchase the products or make donations online using the payment method displayed on the Web site (e.g., VISA, Mastercard, PayPal, etc.), you must be 18 years of age or over. By using this website' payment method, you confirm that you possess the legal authority to enter into the conditions of use for this website, including, without limitation, instructing Sterling or its authorized vendors to collect any payments from a credit or debit card, and to use this website in accordance with all terms and conditions of these Terms Of Use. Billing to your credit card or to your account occurs at the time of purchase or donation or shortly thereafter. All sales of merchandise purchased from Sterling on this website are subject to Sterling's standard sales terms and conditions, which contain certain warranty and liability limitations.  All returns and exchanges of merchandise purchased from Sterling on this website are subject to Sterling 's standard return and exchange policy. Sterling will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your credit card at the sales tax rates then in effect at the time of purchase.  You agree that you are responsible for all charges incurred by your use of this website and you expressly authorize Sterling to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to Sterling or any donations submitted online via this website.



Services Indemnification


In addition to the general indemnification provided under these terms of use, you will indemnify and hold Sterling and its officers, directors, employees, volunteers, affiliates, licensors and suppliers harmless from and against any lawsuit, claim, damage, liability, or expense (including reasonable attorneys' fees) incurred by Sterling and his officers, directors, employees, volunteers, affiliates, licensors and suppliers pertaining to Sterling's use of the information and content provided by you in connection with the services, your failure to abide by the acceptable use policy (set forth below), your willful misconduct or gross negligence, or any patent, copyright, trademark or other intellectual property right or right of publicity or privacy of any third party that relates to any information, image, voice, name or content provided by you in connection with the services, even if any such claims, damages, liability or expense are based in whole or in part on Sterling's own negligence.  In no event shall Sterling's aggregate and complete liability to you and any third party in connection with any and all of its services provided via this website, however arising, exceed a maximum of $100.00.



Acceptable Use Policy for Services & Sites


You will not, and will not allow or authorize others to, use the Services or this website to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Sterling or its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of "junk mail", "spam", "chain letters", "pyramid schemes" or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with this website or any servers or networks connected to this website or disobey any requirements, procedures, policies or regulations of networks connected to this website, or attempt to breach the security of or disrupt Internet communications on this website (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Sterling 's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through this website; (xi) collect or store personal data about other account users or attempt to gain access to other account users' accounts or otherwise mine information about other account users or this website; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between this website' servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account ("cracking") on or from this website; or (xiv) are contrary to Sterling's public image, goodwill, reputation or mission or otherwise not in furtherance of its activities.


In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Sterling or its licensors or supplier's content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Sterling or its licensors or supplier's software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms Of Use to any third party, or otherwise commercially exploit or profit from the information or content of this website (or any part or portion thereof).


Improper use of this website may result in civil and criminal liabilities.



Term & Termination


These Terms Of Use are effective from the date that you first access this website or on the date that you activate your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms Of Use.


Sterling may terminate your access to this website or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or this website; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms Of Use, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the Sterling or other fundraising event or program in which you are participating; and/or (xi) any other reason reasonably considered by Sterling to be in its best interest.


Your access to this website or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your account and/or your access to this website or the Services may be effected without prior notice and you acknowledge and agree that Sterling may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. Sterling shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation.


You may deactivate your account at any time subject to full payment of any costs or donations charged to your account(s). In order for us to deactivate your account, you must provide us with written notice. You may look under "My Account" and follow the instructions for providing written notice to us so that your account will be deactivated. You acknowledge that my entire liability and your exclusive remedy under these Terms Of Use for any dispute with me shall be your right to terminate your account in accordance with this section.


You further agree that Sterling shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or this website.


Upon termination, Sterling will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to Sterling with respect to the Services terminated or this website; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms Of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to this website or the Services.



Deactivation of This Website


Sterling reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website, or any part or portion thereof, with or without notice to you.  You agree that Sterling shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website, or any part or portion thereof.  Nothing in these Terms Of Use shall be construed to obligate Sterling to maintain and support this website, or any part or portion thereof, during the term of these Terms Of Use.



Notice of Claims of Intellectual Property Violations


The content of this website may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. Sterling does not permit the use of content on this website that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms Of Use.  If you believe that any of the content on this website infringes your copyright or trademark rights or your rights of publicity, please provide Sterling's general counsel (whose contact information provided below) with the following information:


A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on this website, a representative list of such works, marks or publicity rights.


Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sterling to locate the material.


Information reasonably sufficient to permit Sterling to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.


A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.


A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Sterling's agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:

By mail:

Sterling

Attention: Legal Department

13835 N. Tatum Blvd, Suite 9-160

Phoenix, Arizona 85032 USA


Please provide all of the information requested above.  No specific form is required to provide Sterling with notifications of possible infringement.  However, it will take Sterling longer to process your notice if any of this information is not provided, and in some cases, Sterling may not be able to process your notice.



COPPA


Sterling does not knowingly solicit data from children or knowingly market to children.  Sterling is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children’s' Online Privacy Protection Act of 1998, he does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent.  In the event that Sterling receives actual knowledge that his website has collected such personal information without the requisite and verifiable parental consent, Sterling will delete that information from this website as quickly as is reasonably practical.



Privacy


Sterling understands that many visitors to this website may be concerned about the information that they may provide or that may be generated from their use of this website and how Sterling may use such information.  Protecting privacy is an important priority.  Sterling’s Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from this website and you can view this website’s Privacy Policy.



Equitable Remedies


You agree that, if the terms of these Terms Of Use are not specifically enforced, Sterling will be irreparably damaged, and therefore you agree that Sterling shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.



Governing Law; Venue; Statute of Limitations


These Terms Of Use are governed by the laws of the State of Arizona, USA, excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the State of Arizona.  Any action arising out of any dispute with respect to this Agreement shall only be brought in the courts located in Maricopa County, Arizona.  You agree that the statute of limitations for any claim against Sterling shall be brought within thirty (30) days from when the claim arose, and any claims not brought within such period of time shall be deemed waived.



Dispute Resolution


In the event of any dispute arising out of these Terms Of Use, you and Sterling each agree to use good faith efforts to resolve our differences amicably.  In the event those efforts are unsuccessful, you and Sterling agree not to commence litigation until attempting to resolve our dispute through mediation.  Either you or Sterling may initiate the mediation process with thirty (30) days' prior written notice to the other.  The dispute shall be submitted to mediation in Phoenix, Arizona.  Costs of mediation shall be borne entirely by you.  


Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Sterling agree to extend the time by mutual agreement or unless the mediator declares you and Sterling to be at an impasse.  Notwithstanding the above, in the event that Sterling believes that immediate injunctive relief is required to protect his rights, Sterling may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.



Miscellaneous


If any provision of these Terms Of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms Of Use and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms Of Use.


Failure by Sterling to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of his rights hereunder.


These Terms Of Use have been written in the English language and the English language shall control. These Terms Of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms Of Use in any language other than English.


These Terms Of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on this website) constitutes the entire agreement between you and Sterling with respect to this website and the Services.


Copyright ©2023 Steve Sterling All Rights Reserved