Last modified: March 20, 2022
TERMS OF USE
DO NOT USE THIS SITE TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.
Welcome to https://www.nicksterling.com (the “Site”). The Site is comprised of various web pages, services, materials, content, and/or products operated and/or sold by STERLING RESEARCH COMPANY, LLC (“SRC” or “we”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms“). Your use of the Site constitutes your agreement to all such terms. By visiting the Site and/or engaging the services and/or purchasing the products of SRC, you, the User, engage in our “Services” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to all the Terms, then you may not access the Site or use any services offered by SRC. SRC reserves the right to update, change and/or replace any part of these Terms by posting updates and/or changes on the Site. Use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of such changes.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
NOT MEDICAL ADVICE: The information on this Site, including texts, graphics, images, audio, other material, our podcast(s), or content appearing on our social media accounts is for general informational purposes only and may not be appropriate or applicable for your individual circumstances. This Site does not provide medical, professional, or licensed advice and is not a substitute for consultation with a healthcare professional. You should seek medical advice from a qualified health care professional for any questions, symptoms, or medical conditions. Do not use this Site for medical diagnosis or treatment. None of the content on this Site represents or warrants that any particular device, procedure, treatment, or intervention is safe, appropriate, or effective for you. To the extent that SRC provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness. By using this Site, listening to our podcast(s), or using the information appearing on our social media account(s), you hereby release and discharge SRC from any and all liability arising out of or in connection with your use of the Site [including our podcast(s) and content appearing on our social media account[s]) and/or any information presented on the Site, on the podcast(s), or appearing on our social media account(s) in any and all forms. The Site, podcast, and content appearing on our social media account(s) and information contained in/on them is provided “as is” and “as available,” without any warranty of any kind.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION: SRC is not responsible if information on the Site is not accurate, complete and/or current. Any and all material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at the user’s own risk. SRC makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on this Site.
NO UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY: You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SRC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SRC’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SRC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SRC or our licensors except as expressly authorized by these Terms.
BASED IN U.S.: SRC is located in the United States (U.S.). This Site is intended only for use by individuals in the U.S. and is not targeted to non-U.S. residents. We make no representations that the information or materials on or linked through the Site are appropriate or available for use in other locations. Those who choose to access or use the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so. By submitting your personally identifiable information on the Site, you consent to the transfer to and processing of such data in the U.S. This Site is not intended to subject SRC to any non-U.S. jurisdiction or law.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless SRC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SRC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SRC in asserting any available defenses.
LIABILITY DISCLAIMER: SRC makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information and/or services for any purpose. To the maximum extent permitted by applicable law, all such information, products and services are provided “as is” without warranty or condition of any kind. SRC hereby disclaims all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall SRC be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if SRC has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site. SRC’s total liability in connection with these Terms shall be limited to the amount of actual fees paid by a user to SRC in the three (3) months before any such claim arose.
Links to Third-Party Sites and/or Third-Party Services: The Site may contain links to other websites (“Linked Sites“). The Linked Sites are not under the control of SRC and SRC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SRC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SRC of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that SRC may share such information and data with any third party with whom SRC has a contractual relationship to provide the requested product, service and/or functionality on behalf of the Site’s users and customers.
GOVERNING LAW AND VENUE: To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wyoming and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Wyoming in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
CHANGES TO WEBSITE AND TERMS: We reserve the right to modify, alter or otherwise update the Terms at any time in our sole discretion, at any time. Such modifications or alterations will be effective as of their posting to the Site. Your access or use of this Site following any changes to these Terms constitutes your agreement to follow and be bound by the terms and conditions as changed. Therefore, you should review these Terms of Use and our Privacy Policy every time you visit or use this Site.
NO CLASS ACTIONS: You agree to bring any claim or cause of action arising under or related to these Terms of Use, the Site, or any dispute with SRC in your individual capacity, and not as a member or representative of any class or collective action.
TERMINATION/ACCESS RESTRICTION: SRC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
MISCELLANEOUS PROVISIONS: You agree that no joint venture, partnership, employment, or agency relationship exists between you and SRC as a result of these Terms or use of the Site. SRC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SRC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SRC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SRC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SRC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Contact Us: SRC welcomes your questions or comments regarding these Terms. If you believe that SRC has not adhered to these Terms, please visit the Contact page on the website to send us a message.
Effective as of March 20, 2022