Acceptance of Terms
Sterling Equipment Sales is the owner of this website and all content and links hereto containing information about our company (the "Service"). We provide the Service subject to the following Terms of Service, which we may update at any time without notice. The goal of this website is to provide you with access to information about our company, products and service. Please read our Terms of Service carefully before continuing on with your use of this website. These Terms of Service shall govern the use of our website and apply to all Internet traffic visiting it. By accessing or using this website, you agree to the Terms of Service and your use of this website signifies your agreement. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE THIS WEBSITE.
Description of Service
You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Under no circumstances will we be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content in all parts of the Service.
You acknowledge, consent and agree that we may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, respond to your requests for customer service, protect the rights, property, personal safety of our company and the public, enforce the Terms of Service, or respond to claims that any Content violates the rights of third-parties.
You understand that the technical processing and transmission of the Service may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by us or our affiliates, or by third party content providers, merchants, sponsors and licensors that have licensed their content or the right to market their products and/or services to us. Content on this website is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without our prior written consent.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in whole or in part. You acknowledge and agree that content presented to you through the Service may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to access the Service by any means other than through the interface that has been provided by us for your use in accessing the Service.
You agree to indemnify and hold Lucky Sterling Equipment Sales and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. As we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. We expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Service will meet your requirements, the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components, the results that may be obtained from the use of the Service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
The content that you access on this website is provided solely for your convenience and information only. We do not warrant or make any representations regarding the results that may be obtained from the use of this website, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this website.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in the Terms of Service.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while using the Service -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Limitation of Liability
You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, losses, expenses, or costs, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.
As some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you.
No Solicitation or Recommendation
The content provided through the Service has been prepared for informational purposes only, with no regard to any particular user's investment objectives, financial situation, or means, and we are not soliciting any action based upon it. This material is not to be construed as a recommendation, or the solicitation of an offer to buy or sell any product or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Although this material is based upon information that we considers reliable and endeavors to keep current, we have not verified this information and do not represent that this material is accurate, current, or complete and it should not be relied upon as such.
Suitability and Risks
The fact that we have made the data and the Services provided on this website available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this website is suitable or appropriate for you. Many of the products described on this website involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this Service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
Entire Agreement. The Terms of Service constitute the entire agreement between us and govern your use of the Service.
Choice of Law and Forum. The Terms of Service and our relationship shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
Titles. The section titles are for convenience only and have no legal or contractual effect.