terms

Updated July 1, 2010

PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING AGREEMENT ("Agreement") BETWEEN YOU ("End Users" as defined below) AND STERLING HOPE ("Sterling Hope").

By using the service available at www.sterlinghope.com and affiliated domains (the "Site"), You agree to the terms governing the applications, features and functionality available on or through the Site (The "Service"). If you do not agree with these terms, do not use the service.

The following describes how users of the Site who review or purchase downloadable digital books ("End Users") can download material and how they may review or use that work by the entity that posted the work ("Sterling Hope").

The following also describes the rights and responsibilities of the Author and Sterling Hope. Any user of this Site who downloads, reads or previews any Work on the Site is referred to as an "End User."

Use of the Website

By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.

Rights of Use for Purchased Works As End User, you acknowledge that all Work furnished by Sterling Hope is licensed for the use of the End Users of the Site and may not be sub-licensed or resold. If you purchase a work, you hold a non-exclusive, non-transferable, and non-distributable right of use. In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the work to others.

Fees and Services

By using the Site the End User is agreeing to pay the fees as presented and set by Sterling Hope at the time of purchase. End User will have an opportunity to review and accept the fees for the purchase End User is requesting prior to payment. ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. The Site may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Site.

Abusing Sterling Hope

Sterling Hope and its users work together to keep the Site working properly. Please report problems and policy violations to Sterling Hope. The warranties and representations contained in this Agreement extend to End Users and other licensees and successors and assigns of Sterling Hope. End Users agree while using the Site, Services or Work you agree to not:

  • violate any laws, third party rights, or any policies which we have posted on the Site from time to time;
  • use the Site, Service or Work if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
  • circumvent or manipulate our fee structure or the billing process;
  • engage in advertising, marketing, spam, chain letters, or pyramid schemes involving or using the Work from the Site;
  • distribute viruses, malware or any other technologies that may harm Sterling Hope, or the interests or property of Sterling Hope users; or
  • copy, modify, or distribute content from the Site, or Sterling Hope's copyrights and trademarks; or
  • engage in abusive or profane behavior toward Sterling Hope, its authors or fellow users.

Without limiting other remedies, we may limit, suspend, or terminate the Service and End User accounts, prohibit access to our Site, demand return or destruction of any Work improperly taken or used from the Site or Service and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

Disclaimer of Publisher's Warranties

a. Events Voiding Warranty. Sterling Hope does not warrant the (a) defects caused by failure to provide a suitable installation environment for the Product, (b) damage caused by disasters such as acts of God, wars, riots, strikes, terrorism, governmental restrictions, fire, flood, wind, and lightening, (c) damage caused by unauthorized attachments, modifications or mis-configurations to the Sterling Hope Environment, or (e) any other abuse or misuse by the End-Users. Any breach of the End-User License Agreement by or on behalf of an End-User, including, without limitation, unauthorized modification or distribution of the Product or any portion thereof, will void any and all warranties.

b. WARRANTY DISCLAIMER. All Works and the Service is provided to End Users "AS IS" and "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE SELECTION AND USE OF THE STERLING HOPE SERVICE OR ANY MODIFICATIONS THERETO OR THE WORK IS WITH END-USERS. STERLING HOPE DOES NOT WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END-USERS. TO THE EXTENT THAT STERLING HOPE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

c. LIMITATION ON DAMAGES. IN NO CASE SHALL STERLING HOPE BE LIABLE TO END-USERS, OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

Ownership
You acknowledge and agree that the Sterling Hope Site and Service are proprietary to Sterling Hope; that none are proprietary to End User.

Termination
Either party may terminate this Agreement at any time without notice. Registered Sterling Hope end users may cancel at any time.

Trademarks
The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

External Links
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Disclaimer of Liability
The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Conflict of Terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Consent to Jurisdiction and Forum Selection
Use of this website shall in all respects be governed by the laws of the state of Indiana, U.S.A., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Indiana courts located in Marion County, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.  You agree that your referencing, using or accessing this website constitutes your acceptance of jurisdiction of state or federal courts in Marion County, Indiana.

Privacy Policy
Sterling Hope has strict policies to protect the privacy of End Users. The privacy policy is clearly linked at the bottom of every Sterling Hope web site page. Click here to read the Sterling Hope Privacy Policy.

Thank you for reading. Your comments and feedback are welcome.

1075 Broad Ripple Avenue #278

Indianapolis, IN 46220

USA

amber@sterlinghope.com