1. Acceptance of Terms
By accessing and using the Sterling Martin website (www.smartinsearch.com, hereinafter referred to as “the Website”), you (hereinafter referred to as “the User”) agree to be bound by these Terms of Service (hereinafter referred to as the “Terms”). Please read them carefully as your use of this website, including the submittal of any personal information, indicates your acceptance of these Terms. If you do not agree with any part of these Terms, you must not use the Website. Sterling Martin reserves the right to modify these Terms at any time without notice. Your continued use of the Website after any changes to these Terms constitutes your acceptance of the changes.
2. Privacy Policy
For information regarding privacy, please review the Privacy Policy which also governs your visit to the Sterling Martin website.
3. Description of Service
The Website provides executive search and advisory solutions. Sterling Martin reserves the right to modify, suspend, or discontinue any aspect of the Website or its services at any time without notice.
4. User Conduct
You agree to use the Website only for lawful purposes. You must not:
- Post or transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the Website or servers or networks connected to the Website.
- Attempt to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website.
- Violate any applicable local, state, national, or international law.
- Collect or store personal data about other users without their consent.
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
5. Copyright and Trademark Notices
The website and all of its contents including, but not limited to, all text and images (“Content”) are owned and copyrighted by Sterling Martin with all rights reserved unless otherwise noted. Any content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Sterling Martin. You may not reproduce, distribute, modify, or create derivative works from any content on the Website without our express written permission. Other company names mentioned or referenced on the website may be trademarks or trade names of their respective owners. You agree that you will not refer to or attribute any information to Sterling Martin in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Content of, or imply any endorsement by or relationship with, Sterling Martin.
6. User-Generated Content
If the Website allows users to post or submit content (e.g., comments, reviews, etc.), you grant Sterling Martin a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sterling Martin to use all patent, trademark, copyright, or other proprietary rights in and to any User-Generated Content to enable inclusion and use of the User-Generated Content in the manner contemplated by the Website and these Terms.
7. Disclaimer of Warranties
THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. STERLING MARTIN MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME.
THE WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STERLING MARTIN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
STERLING MARTIN DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
In no event shall Sterling Martin be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or its services, even if Sterling Martin has been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Sterling Martin and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website or any violation of these Terms.
10. Links to Third-Party Websites
The Website may contain links to third-party websites. Sterling Martin is not responsible for the content or privacy practices of these websites. Your use of third-party websites is at your own risk.
11. Governing Law
This website is operated by Sterling Martin. Sterling Martin makes no representation that materials in this website are appropriate or available for use in all locations.
These Terms and any dispute that might arise between you and Sterling Martin, its affiliates, subsidiaries, or licensees, with respect to the website shall be governed by the laws of the United States of America, without regard to principles of conflict of laws and relevant federal laws. Irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the courts located in the United States of America. Use of this website is unauthorized in any jurisdiction that does not affect to all provisions of these Terms, including without limitation this paragraph.
12. Remedies
Given the nature of these Terms, you understand and agree that, in addition to money damages, Sterling Martin will be entitled to equitable relief upon a breach of them by you.
13. Waiver
No waiver by Sterling Martin shall be construed as a waiver of any proceeding or succeeding breach of any provision.
14. Survival of Provisions
Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by the competent court.
15. Entire Agreement
These Terms constitute the entire agreement between you and Sterling Martin with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Sterling Martin.
Contact Information
If you have any questions about these Terms, please contact us at:
