Terms and Conditions
These Terms of Use (“Terms of Use”) apply to certain interactions as described herein that occur between the party clicking “accept” below and/or using the Sterling Financial Management LLC platforms (“you,” “user,” or “visitor”) and Sterling Financial Management LLC and its affiliates, subsidiaries, and divisions (collectively, “Sterling Financial Management”). These Terms of Use apply to the Sterling Financial Management websites that post these Terms of Use (including, without limitation, sterlingrto.com and sfmportal.com) (each a “Site”) and to any use of the Sterling Financial Management kiosks, software, and mobile applications, regardless of whether accessed via computer, mobile device, or otherwise (collectively with all Sites, the “Sterling Platforms”). The Sterling Platforms are owned or controlled by Sterling Financial Management.
The user should carefully read the Terms of Use before using the Sterling Platforms. By using the Sterling Platforms, the user agrees that he/she has read, that he/she understands, and that he/she will be bound by these Terms. This is a legally binding agreement. If the user does not agree with the Terms of Use, the user should not use the Sterling Platforms.
- Sterling Financial Management agrees to provide access to the Sterling Platforms in accordance with the Terms of Use.
- The user accepts that the Sterling Platforms are provided on an “as is, as available” basis.
- ALL ARTICLES AND MATERIAL DISPLAYED BY STERLING FINANCIAL MANAGEMENT ON THE STERLING PLATFORMS ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING THE USER'S PARTICULAR CIRCUMSTANCES, THE USER MUST RETAIN LEGAL COUNSEL. Sterling Financial Management does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Sterling Platforms. The user acknowledges that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at the user's sole risk. Sterling Financial Management reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Sterling Platforms.
- USER ACCESS TO AND USE OF THE STERLING PLATFORMS MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY THE USER OR BY STERLING FINANCIAL MANAGEMENT.
- Sterling Financial Management may, subject to and in accordance with Sterling Financial Management's Privacy Policy for marketing and other purposes, collect, process, and transmit certain data obtained from and about the user in the course of the user's accessing the Sterling Platforms or during a phone consultation. By agreeing to these Terms, the user agrees to such data being so used and further agrees that it may be transmitted to others whether or not within the United States in accordance with Sterling Financial Management's Privacy Policy and under applicable privacy and data protection legislation. In the event that you are in default, you consent to receive debt collection emails at any time of the day or night, including from our debt collection service providers and our agents. You certify that any email address you provide to Sterling Financial Management can be used by Sterling Financial Management and its agents for debt collection communications. You also certify that any email address you provide is a personal email address and not a work email address. If you change your email address, it is your obligation to update your email address with Sterling Financial Management. Information on how and what type of data (if any) is held about a user can be obtained by clicking here and reviewing our privacy policy or by contacting Sterling Financial Management.
- The Sterling Platforms are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The user is authorized to download one copy of the material displayed or performed on the Sterling Platforms (“Content”) on one computer or device for the user's personal, non-commercial use only, but the user may not in so doing remove or amend any trademark, copyright, or other proprietary notice. All materials contained on the Sterling Platforms are protected by copyright and are owned or controlled by Sterling Financial Management or the party credited as the provider of the Content. The user will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Sterling Platforms. Permission is given to view the material on these web pages and save that material only for the user's personal reference. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from Sterling Financial Management or the copyright holder identified in the individual Content's copyright notice.
- Subject to the above, the user may not modify, copy, distribute, republish, or upload any of the material on the Sterling Platforms in any way unless the user obtains the prior written consent of Sterling Financial Management. No intellectual property or other rights shall be transferred to the user through his/her use of the Sterling Platforms. Sterling Financial Management is not able to confirm that the materials contained on the Sterling Platforms are correct in every case. Sterling Financial Management reserves the right to make changes to the Sterling Platforms, including the availability of any feature, database, Content, web page materials, product information, and prices on the Sterling Platforms at any time without notice or liability. Sterling Financial Management may also impose limits on certain features and services or restrict the user's access to parts or all of the Sterling Platforms without notice or liability.
- The user represents, warrants, and covenants that: (a) the user shall not upload, post, or transmit to, distribute, or otherwise publish through the Sterling Platforms any materials which (i) restrict or inhibit any other user from using and enjoying the Sterling Platforms, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) the user is at least eighteen (18) years old.
- The user acknowledges that transmissions to and from the Sterling Platforms are not confidential and that the user's communications may be read or intercepted by others. Any unprotected email communication over the Internet is subject to possible interception or loss, is not confidential, and is also subject to possible alteration. Sterling Financial Management is not responsible for and will not be liable to the user or any third party for damages in connection with an email sent by a user to Sterling Financial Management or an email sent by Sterling Financial Management to a user, or anyone that a user designates, at the user's request. Violators of this section who use the Sterling Platforms or other Sterling Financial Management services for any illegal purpose, including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law. The user acknowledges that by submitting communications to Sterling Financial Management, no confidential, fiduciary, contractually implied, or other relationship is created between the user and Sterling Financial Management other than pursuant to these Terms of Use and any subsequent written agreement entered into with Sterling Financial Management.
- THE STERLING PLATFORMS, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE STERLING PLATFORMS, ARE PROVIDED “AS IS, AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STERLING FINANCIAL MANAGEMENT MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE STERLING PLATFORMS OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE STERLING PLATFORMS, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE STERLING PLATFORMS OR ANY LINKED SITE. FURTHER, STERLING FINANCIAL MANAGEMENT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. STERLING FINANCIAL MANAGEMENT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE STERLING PLATFORMS OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE STERLING PLATFORMS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STERLING FINANCIAL MANAGEMENT SHALL NOT BE LIABLE FOR THE USE OF THE STERLING PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL STERLING FINANCIAL MANAGEMENT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA, OR FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE, OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, STERLING FINANCIAL MANAGEMENT, ON BEHALF OF ITS EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF STERLING FINANCIAL MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE STERLING PLATFORMS OR ANY WEBSITE OR APPLICATION WITH WHICH IT IS LINKED. THE USER ASSUMES TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS THE USER CONSIDERS NECESSARY.
- The user hereby agrees to indemnify, defend, and hold Sterling Financial Management, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by the user of these Terms of Use or the foregoing representations, warranties, and covenants, including without limitation, attorneys' fees and costs. The user shall cooperate as fully as reasonably required in the defense of any claim. Sterling Financial Management reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, and the user shall not in any event settle any matter without the written consent of Sterling Financial Management. 12. Where Sterling Financial Management provides hypertext links from or to third- party sites, Sterling Financial Management does so for convenience and information purposes only. Sterling Financial Management does not review, endorse, approve, or control, and is not responsible for any sites linked from or to the Sterling Platforms, the content of those sites, the third parties named therein, or their products, resources, or services. Linking to or navigating to any other site is at the user's sole risk, and Sterling Financial Management will not be responsible or liable for any damages in connection with linking or navigating to such site, and Sterling Financial Management accepts no liability nor makes any endorsement or approval of the same.
- These Terms of Use contain the entire understanding between the user and Sterling Financial Management with respect to the Sterling Platforms, and no oral or written representation, statement, or inducement not contained herein shall bind either the user or Sterling Financial Management. Sterling Financial Management reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms of Use, in whole or in part, at any time. The user should review the Terms of Use regularly for any changes.
- Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of any remaining portion, and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
- The Sterling Platforms, any information provided from it, and the Terms of Use are given and made in the state of Delaware, United States of America.THIS TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN NEW CASTLE COUNTY IN THE STATE OF DELAWARE.