Your access to and use of Sterling North America Inc. — SNA Web site (this “Site”), shall be governed by the following terms and conditions of usage and privacy statement (“Terms of Usage”). This Site, and the information contained on or through this Site, may be accessed only by (i) persons who have been authorized by their employer to use this Site pursuant to these Terms of Usage, or (ii) persons who have the authority to bind their employer to the use of this Site pursuant to these Terms of Usage (in each case, an “Authorized User”). By using this site, you agree to be bound to the Terms of Usage as set out below. If you, or your employer, do not wish to be bound by these Terms of Usage, you must not use this Site. PLEASE READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS SITE.
Section 1 — SCOPE AND SITE STRUCTURE
1.1 Structure & Links. This Site is an information and services portal provided by SNA. Through this Site, you can review information about the company and may gain access to certain services that allow you to create and manipulate various documents and place orders for printing and various other services. This Site may also contains hyper links, which allow users to click through to the applicable pages on certain Web sites on which additional content may be accessed and viewed. In addition, through this Site, you may have access to research, financial news and other market data created or provided by certain third-party information suppliers that are not affiliated with SNA (“Third-Party Content”). Finally, your use of this Site may lead you, via a hyper link or otherwise, to use Web sites independently owned and operated by other third parties (“Third-Party Sites”). If you click through to any Third-Party Sites, either directly or indirectly through this Site (collectively, the “Linked Sites”), you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such Linked Sites.
1.2 Disclaimer. SNA may provide links to the Linked Sites and access to any Third-Party Content only as a convenience and without (i) any obligation on the part of SNA or the Members (which term for purposes of this Section 1.3 shall not include a particular Member when the Linked Site is that Member’s own Web site) to review such Linked Sites or Third-Party Content or (ii) any liability or responsibility arising out of your use thereof. The fact that you may click through to Linked Sites or be provided with access to Third-Party Content does not mean that SNA or the Members endorse or guarantee such Linked Sites, the Linked Sites’ sponsors or the Linked Sites’ content, or the Third-Party Content’s sponsors or the Third-Party Content. SNA takes no responsibility for Third-Party Content (including, without limitation, its accuracy or any viruses or other disabling features), nor does SNA have any obligation to monitor such Third-Party Content. Linked Site content and Third-Party Content to which you link or are provided access, either directly or indirectly, from or on this Site will not have been developed, reviewed or monitored by SNA or the Members, and SNA and the Members cannot and do not guarantee or make any representation or warranty, either express or implied, as to the accuracy, validity, sequence, timeliness, completeness or continued availability of any such content. You should not rely on the Site as expressing an opinion or as representing current information. SNA has not undertaken, and does not undertake any duty to update the content on this Site or otherwise advise you of changes in their opinion or in the information. The content is provided for your convenience only, and is not a republication or reconfirmation of the opinion or information contained therein. SNA expressly disclaims any and all liability arising out of claims as a result of your use of this site, including but not limited to any allegations of intellectual property violations. By posting documents on this site, you agree to defend, indemnify and hold harmless SNA for any and all claims arising as a result of such documents or posting content on this site. SNA reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.
1.3 Posted Guidelines. In addition to these Terms of Usage, when using this Site, you shall be subject to and agree to follow any posted guidelines or rules, which may be posted from time to time. SNA may, in its sole discretion, modify or revise these guidelines or rules at any time, and you agree to be bound by such modifications or revisions.
1.4 Registration Data. In consideration of your use of certain features of this Site, you and/or your employer agree to: (a) provide true, accurate, current and complete Registration Data (as defined below in Section 3.1) to SNA and to the Members either as provided directly to SNA by your employer or as prompted by the Site’s registration form and (b) maintain and promptly update the Registration Data, or similar information provided and to keep the same true, accurate, current and complete.
1.5 Passwords. Provided that you register for a service and your Registration Data (as defined below in Section 3.1) is approved and certified by SNA, a password will be provided to you to permit you to use this Site and, where authorized, to provide convenient and seamless access to certain Member Web Sites and Linked Sites. The password assigned to you is for your use only and you are solely responsible for the safekeeping of your password. You are responsible if your password is lost, stolen or misused and you must notify us immediately if any of these events happen. You will be responsible for all activity attributable to your password.
1.6 Right to Terminate User Access. SNA reserves the right to limit, restrict and terminate your access to and use of this Site at any time, in whole or in part, in its sole discretion and without notice.
1.7 Restrictions. You may use the Site only in conjunction with the information or services provided therein. You shall not copy, in whole or in part, the SNA Site or related documentation, whether in the form of computer media, print or any other form. YOU MAY NOT RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER TO OTHERWISE PRODUCE HUMAN READABLE CONTENT THEREFROM, OR MAKE OR DISTRIBUTE ANY OTHER FORM OF, OR ANY DERIVATIVE WORK FROM, THE SNA WEB SITE.
1.8 Regulations; Use of Services. You shall be responsible for (i) compliance with all laws and governmental regulations affecting its business, (ii) any use you may make of the Services to assist you in complying with such laws and governmental regulations (SNA shall not have any responsibility relating thereto) and (iii) compliance with all laws, rules and regulations relating to its use of the Services, including, but not limited to, those related to proprietary rights, data privacy and international communications. You may not use this site to engage in any illegal activity or to engage in conduct which is defamatory, libelous, threatening or harassing to SNA or any other person or business entity. You agree that you will not upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations, and will be solely liable for such infringement. You agree that you shall not engage in disruptive activities and that you shall be responsible for all content that you use or transmit in connection with the use of the Site. You further agree that you will comply with all the restrictions on use applicable to the Site, as set forth on the Site. SNA hereby disclaims any and all liability arising as a result of your use of SNA’s Services to assist you in complying with such laws and governmental regulations.
1.9 Intellectual Property. SNA’s Intellectual Property Rights. You acknowledge that SNA owns all right, title and interest in and to the information and any Service provided through the Site, including without limitation all intellectual property rights (the “SNA Rights”), and such SNA Rights are protected by U.S. and international intellectual property laws. SNA owns all rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this Web site and all names, terms, logos, slogans, images and other indicia identifying SNA’s products or services are proprietary marks belonging to SNA. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. SNA does not claim any ownership in any of the content, including any text, data, information, images, photographs, sound, video, or other material, that you may from time to time upload, transmit or store in your SNA account. We will not use any of your content for any purpose except to provide you with the Service as per this and any other agreement between SNA and you.
Section 2 — DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
2.1 Information and Services “As Is” and “As Available.” THE INFORMATION AND SERVICE PROVIDED ON OR THROUGH THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THIS SITE OR ANY LINKED SITE IS AT YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES SNA BELIEVES TO BE RELIABLE, SNA CANNOT AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA OR SERVICE MADE AVAILABLE ON THIS SITE OR ON ANY LINKED SITE. IN NO EVENT SHALL SNA BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR DATA ON THIS SITE OR ON ANY LINKED SITE. SNA FURTHER EXPLICITLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SNA, ITS MEMBERS, SUPPLIERS OF THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY WORKING WITH SNA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM) CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THIS SITE WHETHER OR NOT FORESEEABLE, EVEN IF SNA OR ANY OF ITS SUPPLIERS OR OTHER THIRD PARTIES WORKING WITH SNA IN CONNECTION WITH THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.