
Terms of Use Agreement
Effective Date: April 12, 2025
Introduction
Welcome to sterlingandpope.com and heroprotools.com (the "Website").
This Terms of Use Agreement (the "Agreement") is made and entered
into by and between you and
Sterling & Pope Publishing Corp.
(the
"Company", "us", "we", or "our"). This
Agreement sets forth the terms and conditions that govern your use of and
access to the Website and any products, materials, software, mobile apps, and
services provided by or through the Website or CRM platforms, including Hero
Pro Tools (collectively, the "Services").
1. Acceptance of this Agreement
1.1 Acceptance Through Using or Accessing the Services
By accessing or using the Services (or by clicking on "accept" or
"agree" to this Agreement when prompted), you agree to be bound by
the terms and conditions of this Agreement on behalf of yourself or the entity
or organization that you represent. If you do not agree to the terms and
conditions of this Agreement, you may not use or access the Services and must
exit the Website immediately.
1.2 Eligibility Requirements to Use or Access the Services
To use the Website or any other Services, you must be: (i) at least 18 years
old, and (ii) not a competitor of or using the Services for purposes that are
competitive with the Company.
By accessing or using the Services, you represent and
warrant that you meet all the foregoing eligibility requirements. You also
represent and warrant that you have the right, authority, and capacity to enter
into this Agreement on your behalf or the entity or organization that you
represent. If you do not meet all these requirements, you may not use or access
the Services.
1.3 Changes to this Agreement
The Company reserves the right to change this Agreement from time to time in
its sole discretion. Except for changes made for legal or administrative
purposes, the Company will provide reasonable advance notice before the changes
become effective. All changes will apply to your use of and access to the
Services from the date the changes become effective and onwards. For new users,
the changes will be effective immediately.
Your continued use of or access to the Services following
any changes to this Agreement shall constitute your acknowledgment of such
changes and agreement to be bound by the terms and conditions of such changes.
You should check this page frequently so that you are aware of any changes
since they are binding on you.
2. Access to the Services
2.1 Changes to Your Access and the Services
The Services may change from time to time as the Company evolves, refines, or
adds more features to the Services. The Company reserves the right to modify,
withdraw, or discontinue the Services, in whole or in part, at any time without
notice to you. You agree that the Company shall have no liability to you or any
third party for any losses or damages caused by the Services not being
available, in whole or in part, at any time or for any period.
2.2 Creating an Account
You may be required to register for an account and provide certain information
about yourself to access the Services or certain features of the Services. You
promise to provide us with accurate, complete, and updated information about
yourself. The Company may have different types of accounts for different users.
If you connect to any Services with a third-party service, you grant us
permission to access and use your information from such service as permitted by
that service to store your login credentials for that service. All information
that you provide will be governed by our Privacy Policy (
https://sterlingandpope.com/privacy-policy
).
You consent to all actions that we may take with respect to your information
consistent with our Privacy Policy.
2.3 Account Responsibilities
You are entirely responsible for maintaining the confidentiality of your
password and account. You are also entirely responsible for any and all
activities associated with your account. Your account is personal to you and
you agree not to provide any other person with access to the Services or any
portions of it using your username, password, or other security information.
You should ensure that you exit from your account at the end of each session.
You should use extra caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or
other personal information. You may not transfer your account to anyone else
without our prior written permission. You agree to notify the Company
immediately of any actual or suspected unauthorized use of your account or any
other breach of security. The Company will not be liable for any losses or
damages arising from your failure to comply with the above requirements. You
will be held liable for losses or damages incurred by the Company or any third
party due to someone else using your account or password.
2.4 Termination or Deletion of an Account
The Company shall have the right to suspend or terminate your account at any
time in our sole discretion for any or no reason, including if we determine
that you have violated any terms or conditions of this Agreement.
3. Policy for Using the Services
3.1 Prohibited Uses
You may use the Services for lawful purposes only and in accordance with this
Agreement. You agree not to use the Services in any way that could damage the
Services or general business of the Company. You may use the Services for any
business or commercial purposes.
3.2 Prohibited Activities
You further agree not to engage in any of the following prohibited activities
in connection with using the Services:
a. No Violation of Laws or Obligations. Violate any
applicable laws or regulations (including intellectual property laws and right
of privacy or publicity laws) or any contractual obligations.
b. No Unsolicited Communications. Send any unsolicited or
unauthorized advertising, promotional materials, spam, junk mail, chain
letters, or any other form of unsolicited communications, whether commercial or
otherwise.
c. No Impersonation. Impersonate others or otherwise
misrepresent your affiliation with a person or entity in an attempt to mislead,
confuse, or deceive others.
d. No Harming of Minors. Exploit or harm minors in any way,
including exposing inappropriate content or obtaining personally identifiable
information.
e. Compliance with Content Standards. Upload, display,
distribute, or transmit any material that does not comply with the Content
Standards set out below in this Agreement.
f. No Interference with Others' Enjoyment. Harass or
interfere with anyone's use or enjoyment of the Services, or expose the Company
or other users to liability or other harm.
g. No Interference or Disabling of the Services. Use any
device, software, or routine that interferes with the proper working of the
Services, or take any action that may interfere with, disrupt, disable, impair,
or create an undue burden on the infrastructure of the Services, including
servers or networks connected to the Website.
h. No Monitoring or Copying Material. Copy, monitor,
distribute, or disclose any part of the Services by automated or manual
processes, devices, or means. This includes, without limitation, using
automatic devices such as robots, spiders, offline readers, crawlers, or
scrapers to strip, scrape, or mine data from the Website; provided, however,
that the Company conditionally grants to the operators of public search engines
revocable permission to use spiders to copy materials from the Website for the
sole purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or archives of
such materials.
i. No Viruses, Worms, or Other Damaging Software. Upload,
transmit, or distribute to or through the Services any viruses, Trojan horses,
worms, logic bombs, or other materials intended to damage or alter the property
of others, including attacking the Services via a denial-of-service or
distributed denial-of-service attack.
j. No Unauthorized Access or Violation of Security. Violate
the security of the Services through (i) any attempt to gain unauthorized
access to the Services or to other systems or networks connected to the
Services, (ii) the breach or circumvention of encryption or other security
codes or tools, or (iii) data mining or interference to any server, computer,
database, host, user, or network connected to the Services.
k. No Reverse Engineering. Reverse engineer, decompile, or
otherwise attempt to obtain the source code or underlying information of or
relating to the Services.
l. No Collecting User Data. Collect, harvest, or assemble
any data or information regarding any other user without their consent. This
includes, without limitation, their emails, usernames, or passwords.
m. No Other Interference. Otherwise attempt to interfere
with the proper working of the Services.
n. Attempt or Assist Others in Attempting. Attempt any of
the foregoing or assist, permit, or encourage others to do or attempt any of
the foregoing.
3.3 Geographic Restrictions
The Company is based in the United States of America, in the State of Texas.
The Services are for use by persons located in the United States & Canada
only. By choosing to access the Services from any location other than the
United States or Canada, you accept full responsibility for compliance with all
local laws. The Company makes no representations that the Services or any of
its content are accessible or appropriate outside of the United States or
Canada.
4. Terms and Conditions of Sale
4.1 Purchasing Process
Any steps taken from choosing Services to order submission form part of the
purchasing process. The purchasing process includes these steps:
a. By clicking on the checkout button, users open the
third-party merchant checkout section, wherein they will have to specify their
contact details and a payment method of their choice.
b. After providing all the required information, users must
carefully review the order and, subsequently, confirm and submit it by using
the relevant button or mechanism on the Website, hereby accepting these Terms
and committing to pay the agreed-upon price.
4.2 Order Submission
When you submit an order, the following applies:
a. The submission of an order determines contract conclusion
and therefore creates for you the obligation to pay the price, taxes, and
possible further fees and expenses, as specified on the order page.
b. In case the purchased Services requires active input from
you, such as the provision of personal information or data, specifications or
special wishes, the order submission creates an obligation for you to cooperate
accordingly.
c. Upon submission of the order, users will receive a
receipt confirming that the order has been received.
All notifications related to the described purchasing
process shall be sent to the email address provided by you for such purposes.
4.3 Prices
You are informed during the purchasing process and before order submission,
about any fees, taxes and costs (including, if any, delivery costs) that you
will be charged.
4.4 Methods of Payment
Information related to accepted payment methods are made available during the
purchasing process. Some payment methods may only be available subject to
additional conditions or fees. In such cases, related information can be found
in the dedicated section of the Website. All payments are independently
processed through third-party services. Therefore, the Website does not collect
any payment information – such as credit card details – but only receives a
notification once the payment has been successfully completed. If payment
through the available methods fail or is refused by the payment service
provider, the Company shall be under no obligation to fulfill the purchase
order. Any possible costs or fees resulting from the failed or refused payment
shall be borne by you.
4.5 Retention of Usage Rights
You do not acquire any rights to use the purchased Services until the total
purchase price is received by the Company.
5. Contract Duration
5.1 Subscriptions
Subscriptions allow you to receive Services continuously or regularly over a
determined period of time. Paid subscriptions begin on the day the payment is
received by the Company. In order to maintain subscriptions, you must pay the
required recurring fee in a timely manner. Failure to do so may cause service
interruptions.
5.2 Fixed-term Subscriptions
Paid fixed-term subscriptions start on the day the payment is received by the
Company and last for the subscription period chosen by you or otherwise
specified during the purchasing process. Once the subscription period expires,
the Services shall no longer be accessible, unless you renew the subscription
by paying the relevant fee. Fixed-term subscriptions may not be terminated
prematurely and shall run out upon expiration of the subscription term.
5.3 Automatic Renewal
Subscriptions are automatically renewed through the payment method that you
chose during purchase unless you cancel the subscription within the deadlines
for termination specified in the relevant section of these Terms and/or
Website. The renewed subscription will last for a period equal to the original
term. You shall receive a reminder of the upcoming renewal with reasonable
advance, outlining the procedure to be followed in order to cancel the
automatic renewal.
5.4 Termination
Sterling & Pope provides its services on a month-to-month agreement. By
using our services, you acknowledge and agree that you are receiving a 100%
exclusive marketing relationship for your business type and geo-targeted
location. Because our team begins working a full 30 days in advance—planning,
creating, and executing your online marketing strategy—you understand that
early termination affects work already underway.
5.5 Termination Notice
If you decide to cancel your service after the initial 30 days, you must
provide Sterling & Pope with a written 30-day termination notice, effective
from your upcoming renewal date. All termination notices must be submitted via
email to
.
This policy ensures a fair and reasonable relationship,
protects the work completed in advance, and helps maintain the integrity of our
exclusive client support model.
6. Intellectual Property Rights
6.1 Ownership of Intellectual Property
You acknowledge that all intellectual property rights, including copyrights,
trademarks, trade secrets, and patents, in the Services and its contents,
features, and functionality (collectively, the "Content"), are owned
by the Company, its licensors, or other providers of such material. The Content
is protected by U.S. and international intellectual property or proprietary
rights laws. Neither this Agreement nor your access to the Services transfers
to you any right, title, or interest in or to such intellectual property
rights. Any rights not expressly granted in this Agreement are reserved by the
Company and its licensors.
6.2 License to Use the Services
During the Term of this Agreement, the Company grants you a limited,
non-exclusive, non-transferable, non-sublicensable, and revocable license to
use and access the Content for any business or commercial use in accordance
with this Agreement. The Content may not be used for any other purpose. This
license will terminate upon your cessation of use of the Services or at the
termination of this Agreement.
6.3 Certain Restrictions
The rights granted to you in this Agreement are subject to the following
restrictions:
a. No Copying or Distribution. You shall not copy,
reproduce, publish, display, perform, post, transmit, or distribute any part of
the Content in any form or by any means except as expressly permitted herein or
as enabled by a feature, product, or the Services when provided to you.
b. No Modifications. You shall not modify, create derivative
works from, translate, adapt, disassemble, reverse compile, or reverse engineer
any part of the Content.
c. No Exploitation. You shall not sell, license, sublicense,
transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or
the Services in any way, whether in whole or in part.
d. No Altering of Notices. You shall not delete or alter any
copyright, trademark, or other proprietary rights notices from copies of the
Content.
e. No Competition. You shall not access or use the Content
in order to build a similar or competitive website, product, or service.
f. Systematic Retrieval. You shall not use any information
retrieval system to create, compile, directly or indirectly, a database,
compilation, collection or directory of the Content or other data from the
Services.
6.4 Trademark Notice
All trademarks, logos, and service marks displayed on the Services are either
the Company's property or the property of third parties. You may not use such
trademarks, logos, or service marks without the prior written consent of their
respective owners.
7. User Content 7.1 User Generated Content
The Services may contain message boards, chatrooms, profiles, forums, and other
interactive features that allow users to post, upload, submit, publish,
display, or transmit to other users or other persons content or materials
(collectively, "User Content") on or through the Services.
You are solely responsible for your User Content. Please
consider carefully what you choose to share. All User Content must comply with
the Content Standards set forth below. Any User Content you post on or through
the Services will be considered non-confidential and non-proprietary. You
assume all risks associated with the use of your User Content. This includes
any reliance on its accuracy, completeness, reliability, or appropriateness by
other users and third parties, or any disclosure of your User Content that
personally identifies you or any third party. You agree that the Company shall
not be responsible or liable to any third party for any User Content posted by
you or any other user of the Services.
You further agree that the Company shall not be responsible
for any loss or damage incurred as the result of any interactions between you
and other users. Your interactions with other users are solely between you and
such users. If there is a dispute between you and any other user, we are under
no obligation to become involved.
7.2 License
You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and
fully paid, transferable, perpetual, and worldwide license to reproduce,
distribute, publicly display and perform, prepare derivative works of,
incorporate into other works, and otherwise use and exploit your User Content,
and to grant sublicenses of the foregoing rights, in connection with the
Services and the Company's business including, without limitation, for
promoting and redistributing part or all of the Services in any media formats
and through any media channels.
You represent and warrant that you have all the rights,
power, and authority necessary to grant the rights granted herein to any User
Content that you submit. You hereby irrevocably waive all claims and have no
recourse against us for any alleged or actual infringement or misappropriation
of any proprietary rights in any communication, content, or material submitted
to us. Please note that all of the following licenses are subject to our
Privacy Policy (
https://sterlingandpope.com/privacy-policy
)
to the extent they relate to any User Content that contains any personally
identifiable information.
7.3 Content Standards
You agree not to send, knowingly receive, upload, transmit, display, or
distribute any User Content that does not comply with the following standards
("Content Standards"). User Content must not:
a. Violate Laws or Obligations. Violate any applicable laws
or regulations (including intellectual property laws and right of privacy or
publicity laws), or any contractual or fiduciary obligations.
b. Promote Illegal Activity or Harm to Others. Promote any
illegal activity; advocate, promote, or assist any unlawful act; or create any
risk of any harm, loss, or damage to any person or property.
c. Infringe Intellectual Property Rights. Infringe any
copyright, trademark, patent, trade secret, moral right, or other intellectual
property rights of any other person.
d. Defamatory, Abusive, or Otherwise Objectionable Material.
Contain any information or material that we deem to be unlawful, defamatory,
trade libelous, invasive of another's privacy or publicity rights, abusive,
threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane,
indecent, offensive, inflammatory, humiliating to other people (publicly or
otherwise), or otherwise objectionable. This includes any information or
material that we deem to cause annoyance, inconvenience, or needless anxiety,
or be likely to upset, embarrass, alarm, or annoy another person.
e. Promotion of Sexually Explicit Material or
Discrimination. Promote sexually explicit or pornographic material, violence,
or discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age.
f. Fraudulent Information or Impersonation. Contain any
information or material that is false, intentionally misleading, or otherwise
likely to deceive any person including, without limitation, impersonating any
person, or misrepresenting your identity or affiliation with any person or
organization.
g. Endorsement by the Company. Represent or imply to others
that it is in any way provided, sponsored, or endorsed by the Company or any
other person or entity, if that is not the case.
7.4 Monitoring and Enforcement
We reserve the right at all times, but are not obligated, to:
a. Take any action with respect to any User Content that we
deem necessary or appropriate in our sole discretion, including if we believe
that such User Content violates the Content Standards or any other provision in
this Agreement, or creates liability for the Company or any other person. Such
action may include reporting you to law enforcement authorities.
b. Remove or reject any User Content for any or no reason in
our sole discretion.
c. Disclose any User Content, your identity, or electronic
communication of any kind to satisfy any law, regulation, or government
request, or to protect the rights or property of the Company or any other
person.
d. Terminate or suspend your access to all or part of the
Services for any or no reason, including without limitation, any violation of
this Agreement.
We do not review User Content before it is posted on or
through the Services, and therefore cannot ensure prompt removal of
questionable User Content. Accordingly, the Company and its affiliates, and
their respective officers, directors, employees or agents, assume no liability
for any action or inaction regarding transmissions, communications, or content
provided by any user or third party. The Company shall have no liability or
responsibility to anyone for performance or non-performance of the activities described
in this Section.
8. Copyright Infringement (Digital Millennium Copyright Act Policy)
The Company respects the intellectual property of others and expects users of
the Services to do the same. It is the Company's policy to terminate the users
of our Services who are repeat infringers of intellectual property rights,
including copyrights. If you believe that your work has been copied in a way
that constitutes copyright infringement and wish to have the allegedly
infringing material removed, please provide the following information in
accordance with the Digital Millennium Copyright Act to our designated
copyright agent:
a. A physical or electronic signature of the copyright owner
or a person authorized to act on their behalf;
b. A description of the copyrighted work that you allege has
been infringed;
c. A description of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled;
d. A description of where the material that you claim is
infringing is located;
e. Your contact information, including your address,
telephone number, and email address;
f. A statement that you have a good faith belief that use of
the objectionable material is not authorized by the copyright owner, its agent,
or under the law; and
g. A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification automatically
subjects the complaining party to liability for any damages, costs, and
attorneys' fees incurred by us in connection with the written notification and
allegation of copyright infringement.
Designated copyright agent for the Company: EMAIL:
steven@stevenlloyd.com 9. Feedback to the Company
If you provide the Company with any feedback or suggestions regarding the
Services ("Feedback"), you hereby assign to the Company all rights in
such Feedback and agree that the Company shall have the right to use and fully
exploit such Feedback and related information in any manner it deems
appropriate. The Company will treat any Feedback that you provide to the
Company as non-confidential and non-proprietary. You agree that you will not
submit to the Company any information or ideas that you consider to be
confidential or proprietary.
10. Assumption of Risk
The information presented on or through the Services is made available for
general information purposes only. The Company does not warrant the accuracy,
completeness, suitability, or quality of any such information. Any reliance on
such information is strictly at your own risk. The Company disclaims all
liability and responsibility arising from any reliance placed
11. Privacy
For information about how the Company
collects, uses, and shares your information, please review our Privacy Policy (
https://sterlingandpope.com/privacy-policy
).
All text messaging originator opt-in data and consent
information will not be shared with any third parties, excluding aggregators
and providers of the Text Message services necessary to deliver the SMS
service. Your mobile information will not be shared with third parties or
affiliates for marketing or promotional purposes.
You agree that by using the Services you consent to the
collection, use, and sharing (as set forth in the Privacy Policy) of such
information.
12. White-Labeled HighLevel CRM Services
12.1 Third-Party Platform
We provide white-labeled HighLevel CRM services to our
clients. You acknowledge and agree that HighLevel CRM is a third-party platform
that we provide access to under our brand. The actual software, servers, and
infrastructure are owned and operated by GoHighLevel.
12.2 Limitation of Liability
We are not responsible
for any issues, outages, data breaches, or other problems that may occur with
the HighLevel platform. This includes but is not limited to:
Service interruptions or downtime Data loss or corruption Security breaches or unauthorized access to data Changes to the HighLevel platform's features or functionality Any other technical issues related to the HighLevel platform
12.3 Support for Platform Issues
For any issues
related to the core functionality of the HighLevel platform, you acknowledge
that you may need to contact GoHighLevel directly at gohighlevel.com.
12.4 Data Processing
When you use our white-labeled
HighLevel CRM services, you acknowledge that your data may be processed
according to GoHighLevel's own privacy policy and terms of service, in addition
to our policies.
12.5 Service Continuity
We cannot guarantee the
continued availability of the HighLevel platform or its features, as these
decisions are made by GoHighLevel and are beyond our control.
12.6 Acceptance of Risk
By using our white-labeled
HighLevel CRM services, you accept all risks associated with using a
third-party platform and agree to hold us harmless for any issues arising from
GoHighLevel's platform, services, or decisions.
13. AI Technologies and Services
13.1 AI-Powered Features
Our Services may include or incorporate artificial intelligence
("AI") technologies, including but not limited to:
AI-powered text and voice agents for customer support Automated content generation and recommendations AI-enhanced analytics and reporting tools AI-driven quality assurance systems Natural language processing capabilities Voice recognition and speech-to-text conversion
13.2 Your Interactions with AI Systems
By using our
AI-powered features, you acknowledge and agree that:
You may be interacting with automated AI systems rather than human agents in some instances AI-generated responses and content are created through algorithmic processes AI systems may analyze patterns in your data and interactions to provide personalized services We will clearly disclose when you are interacting with an AI system versus a human agent You can request human intervention at any point during AI interactions
13.3 Data Collection for AI Systems
Our AI systems
collect and process data from your interactions with our Services. This
includes:
Text inputs and responses in chats or messages Voice recordings when you use voice-enabled features Usage patterns and preferences Content you create or share through our Services Technical information about your use of the Services
All data collection and processing for AI purposes is
subject to our Privacy Policy.
13.4 AI Training and Improvement
You acknowledge and
agree that we may use data from your interactions with our Services to train,
improve, and develop our AI systems, subject to the following conditions:
We will anonymize and aggregate data when possible to protect your privacy We implement appropriate security measures to protect any data used for AI training We will not use your confidential business information to train AI systems without your explicit consent You can opt out of having your data used for AI training by contacting us at steven@stevenlloyd.com
13.5 AI-Generated Content
When our Services generate
content using AI technologies:
We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content You are responsible for reviewing and verifying any AI-generated content before using it for business or other purposes AI-generated content should not be relied upon as professional advice (legal, medical, financial, etc.) We reserve the right to monitor and moderate AI-generated content We may remove any AI-generated content that violates our policies or applicable laws
13.6 AI Voice Technologies
When using our AI voice
technologies and services:
Voice recordings may be processed to provide the requested service and to improve our systems You will be notified before voice recording begins Voice data may be transcribed into text for further processing We implement security measures to protect voice data from unauthorized access You can request deletion of your voice recordings by contacting steven@stevenlloyd.com
13.7 Intellectual Property for AI-Generated Content
With respect to content generated by our AI technologies:
The Company retains all intellectual property rights in the AI systems and technologies themselves For content generated by our AI systems based on your inputs or instructions, you receive a license to use such content for your business purposes This license is non-exclusive, worldwide, and royalty-free You may not claim ownership of the underlying AI algorithms or models We reserve the right to generate similar content for other users You are responsible for ensuring your use of AI-generated content does not infringe third-party rights
13.8 AI Usage Limitations
You agree not to use our AI
technologies to:
Generate, upload, or distribute content that violates our Content Standards or applicable laws Create deepfakes or other misleading synthetic media without proper disclosure Impersonate individuals without their consent Engage in automated spamming or harassment Attempt to manipulate, test boundaries, or evaluate the AI systems in ways that could cause harm Attempt to extract training data, model parameters, or proprietary information Use the AI systems to develop competing products or services
13.9 Transparency and Human Oversight
We are
committed to responsible AI use, including:
Clear disclosure when content is AI-generated or when you are interacting with AI systems Maintaining human oversight and supervision of our AI systems Regular evaluation and testing of AI systems for bias, safety, and security Providing mechanisms for you to report concerns about AI-generated content or interactions Offering options to request human intervention when interacting with AI systems
13.10 Changes to AI Technologies
Our AI technologies
are continuously evolving. We reserve the right to:
Modify, update, or discontinue any AI features without prior notice Change how our AI systems process or use data Introduce new capabilities or restrictions to our AI features Adjust pricing for AI-powered features as technology and costs evolve
We will notify you of significant changes through updates to
these Terms or direct communications.
13.11 Third-Party AI Technologies
Some of our
AI-powered features may incorporate technologies from third-party providers.
When using these features:
Your data may be processed according to both our terms and the third-party provider's terms We have agreements with third-party AI providers to protect your data We are not responsible for changes, discontinuations, or issues caused by third-party AI providers We will make reasonable efforts to notify you of significant changes to third-party AI services
13.12 Assumption of Risk for AI Technologies
You
acknowledge and accept that:
AI technologies are rapidly evolving and may contain errors or limitations AI systems may occasionally produce unexpected, inaccurate, or inappropriate outputs The use of AI-generated content or decisions based on AI recommendations are at your own risk We are continuously improving our systems but cannot guarantee perfect performance You will exercise appropriate caution and judgment when using AI-generated content
14. Termination
14.1 Termination
The Company
may suspend or terminate your access or rights to use the Services at any time,
for any reason, in our sole discretion, and without prior notice, including for
any breach of the terms of this Agreement. Upon termination of your access or
rights to use the Services, your right to access and use the Services will
immediately cease. The Company will not have any liability whatsoever to you
for any suspension or termination of your rights under this Agreement, including
for termination of your account or deletion of your User Content. If you have
registered for an account, you may terminate this Agreement at any time by
contacting the Company and requesting termination.
14.2 Effect of Termination
Upon termination of this
Agreement, any provisions that by their nature should survive termination shall
remain in full force and effect. This includes, without limitation, ownership
or intellectual property provisions, warranty disclaimers, and limitations of
liability. Termination of your access to and use of the Services shall not
relieve you of any obligations arising or accruing prior to termination or
limit any liability that you otherwise may have to the Company or any third
party. You understand that any termination of your access to and use of the
Services may involve deletion of your User Content associated with your account
from our databases.
15. No Warranty
THE SERVICES ARE PROVIDED ON AN
"AS-IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT
YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES
ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,
ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS
LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR
CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR
SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY
MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES OR ANY OTHER USER.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES,
ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF FIRST USE.
16. Limitation of Liability
TO THE FULLEST EXTENT
ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR
THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR
DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR
INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE
SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF
USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA,
LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER
SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
SERVICES IS TO STOP USING THE SERVICES.
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT
PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE
TO THE LIABILITY OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
17. Indemnification
You agree to indemnify, defend,
and hold harmless the Company and its affiliates and their respective officers,
directors, employees, agents, affiliates, successors, and permitted assigns
(collectively, "Indemnified Party") from and against any and all
losses, claims, actions, suits, complaints, damages, liabilities, penalties,
interest, judgments, settlements, deficiencies, disbursements, awards, fines,
costs, fees, or expenses of whatever kind, including reasonable attorneys'
fees, fees and other costs of enforcing any right to indemnification under this
Agreement, and the cost of pursuing any insurance providers, arising out of or
relating to your breach of this Agreement or your use or misuse of the Services
including, but not limited to, your User Content or any actions taken by a
third party using your account. The Company reserves the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to assist and cooperate with our
defense or settlement of these claims.
18. Disputes
18.1 Governing Law
All matters
relating to this Agreement, and all matters arising out of or relating to this
Agreement, whether sounding in contract, tort, or statute are governed by, and
construed in accordance with, the laws of the State of New Jersey, without
giving effect to any conflict of law principles.
18.2 Dispute Resolution and Mandatory Arbitration
BY
PURCHASING OR USING ANY OF OUR PRODUCTS OR SERVICES, YOU EXPRESSLY AGREE THAT
YOU WILL RESOLVE ANY DISPUTE THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT
TO BRING OR PARTICIPATE IN ANY LAWSUIT AGAINST THE COMPANY.
Any dispute, claim, or controversy arising out of or
relating to this Agreement, the breach, termination, enforcement,
interpretation, or validity thereof, or the use of the Services (collectively,
"Disputes") SHALL BE SETTLED BY BINDING ARBITRATION and not in a
court of law. The arbitration shall be administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules in the State of
New Jersey, United States. The arbitration shall be conducted by a single arbitrator
selected in accordance with the rules of the American Arbitration Association.
The arbitrator's award shall be final and binding on all
parties and may be entered and enforced in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings or otherwise.
The prevailing party in the arbitration proceedings shall be awarded reasonable
attorneys' fees, expert witness costs and expenses, and all other costs and
expenses incurred directly or indirectly in connection with the proceedings,
unless the arbitrator shall for good cause determine otherwise.
All arbitrations shall proceed on an individual basis. You
agree that you may bring claims against the Company in arbitration only in your
individual capacities and in so doing you hereby waive the right to a trial by
jury, to assert or participate in a class action lawsuit or class action
arbitration (either as a named-plaintiff or class member), and to assert or
participate in any joint or consolidated lawsuit or joint or consolidated
arbitration of any kind. Notwithstanding anything to the contrary under the
rules of the American Arbitration Association, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over
any form of a representative or class proceeding. If a court decides that
applicable law precludes enforcement of any of this paragraph's limitations as
to a particular claim for relief, then that claim (and only that claim) must be
severed from the arbitration and may be brought in court.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS,
YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.3 Limitation to Time to File Claims
ANY CAUSE OF
ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND
BARRED.
19.
Miscellaneous
19.1 Waiver
Except as otherwise set forth in this Agreement, no failure of the Company to
exercise, or delay by the Company in exercising, any right, remedy, power, or
privilege arising from this Agreement shall operate or be construed as a waiver
thereof, nor shall any single or partial exercise of any right, remedy, power,
or privilege hereunder preclude any other or further exercise thereof or the
exercise of any other right, remedy, power, or privilege.
19.2 Severability
If any term or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, such invalidity,
illegality, or unenforceability shall not affect any other term or provision of
this Agreement or invalidate or render unenforceable such term or provision in
any other jurisdiction.
19.3 Entire Agreement
This Agreement, together with all documents referenced herein, constitutes the
entire agreement between you and the Company with respect to the subject matter
contained herein. This Agreement supersedes all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and
oral, with respect to the subject matter hereof.
19.4 Headings
Headings and titles of sections, clauses, and parts in this Agreement are for
convenience only. Such headings and titles shall not affect the meaning of any
provisions of the Agreement.
19.5 No Agency, Partnership or Joint Venture
No agency, partnership, or joint venture has been created between you and the
Company as a result of this Agreement. You do not have any authority of any
kind to bind the Company in any respect whatsoever.
19.6 Assignment
You shall not assign or delegate any of your rights or obligations under this
Agreement without the prior written consent of the Company. Any purported
assignment or delegation in violation of this Section shall be deemed null and
void. No assignment or delegation shall relieve you of any of your obligations
hereunder. The Company may freely assign or delegate its rights and obligations
under this Agreement at any time. Subject to the limits on assignment stated
above, this Agreement will inure to the benefit of, be binding on, and be
enforceable against each of the parties hereto and their respective successors
and assigns.
19.7 Export Laws
The Services may be subject to U.S. export control laws and regulations. You
agree to abide by these laws and their regulations (including, without
limitation, the Export Administration Act and the Arms Export Control Act) and
not to transfer, by electronic transmission or otherwise, any materials from
the Services to either a foreign national or a foreign destination in violation
of such laws or regulations.
19.8 Force Majeure
The Company shall not be liable or responsible to you, nor be deemed to have
defaulted under or breached this Agreement, for any failure or delay in
performance when and to the extent such failure or delay is caused by or
results from acts beyond the Company's reasonable control, including, without
limitation: acts of God; flood, fire, earthquake, explosion, or other natural
disaster; epidemic or pandemic; war, invasion, hostilities, terrorist threats
or acts, riot or other civil unrest; government order, law, or actions;
embargoes or blockades; national or regional emergency; strikes, labor
stoppages or slowdowns, or other industrial disturbances; shortage of adequate
power or telecommunications or transportation facilities; or any other similar
events.
19.9 Compliance with Laws
You agree to comply with all applicable domestic and international laws,
statutes, ordinances, and regulations regarding your use of the Services and
your listing, purchase, solicitation of offers to purchase, and sale of items.
19.10 No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their
respective successors and permitted assigns and nothing herein, express or
implied, is intended to or shall confer upon any other person or entity any
legal or equitable right, benefit, or remedy of any nature whatsoever under or
by reason of this Agreement.
20.
SMS/Text Messages
20.1 SMS Program Description
Our SMS program provides text messages for appointment reminders, events,
receipts, customer service, and occasionally promotional messages when you opt
in. Message frequency varies depending on your interaction with our services.
20.2 Opting Out
You can cancel the SMS service at any time. Simply text "STOP" to the
shortcode (number provided). Upon sending "STOP," we will confirm
your unsubscribe status via SMS. Following this confirmation, you will no
longer receive SMS messages from us. To rejoin, sign up as you did initially,
or text "START" to resume receiving messages.
20.3 Help and Support
If you experience issues with the messaging program, reply with the keyword
"HELP" for more assistance or email
.
20.4 Carrier Liability
Carriers are not liable for delayed or undelivered messages.
20.5 Message and Data Rates
Message and data rates may apply for messages sent to you from us and from you
to us. Message frequency varies. For questions about your text plan or data
plan, contact your wireless provider.
20.6 Recurring Messages Disclosure
By opting into our SMS program, you authorize us to send recurring text
messages to the mobile phone number you provide. Depending on your service
selection, you may receive regular recurring messages. You are not required to
agree to receive recurring messages as a condition of purchasing any goods or
services.
20.7 Prohibited Content
Our SMS messages will never contain:
Phishing attempts, smishing, or social engineering to manipulate you into sharing private information Illegal content (all content complies with federal and state laws) SHAFT content (sex, hate, alcohol, firearms, and tobacco) that does not follow federal and state law and regulations
20.8 SMS Opt-In Data Protection
All text messaging originator opt-in data and consent information will not be
shared with any third parties, excluding aggregators and providers of the Text
Message services necessary to deliver the SMS service. Your mobile information
will not be shared with third parties or affiliates for marketing or
promotional purposes.
20.9 Privacy for SMS Services
For privacy-related inquiries regarding our SMS service, please refer to our
Privacy Policy:
https://sterlingandpope.com/privacy-policy 21.
Additional Protections and Liability Waivers
21.1 Data Security Standards
The Company implements reasonable security measures to protect your personal
information in accordance with industry standards. However, no method of
transmission over the Internet or electronic storage is completely secure.
While we strive to use commercially acceptable means to protect your personal
information, we cannot guarantee its absolute security.
21.2 Service Level Commitment
While the Company strives to maintain 99.9% uptime of the Services, we do not
guarantee uninterrupted access to the Services and shall not be liable for any
downtime or service interruptions.
21.3 Refund Policy
Unless otherwise specified at the time of purchase, all sales are final and
non-refundable. In cases where a refund is granted at the Company's sole
discretion, the refund will be issued using the original payment method.
21.4 Account Information Updates
You are responsible for promptly updating your account information if there are
any changes to your contact information or billing information.
21.5 Reservation of Rights
All rights not expressly granted to you in this Agreement are reserved by the
Company.
21.6 Waiver of Right to Sue
BY PURCHASING OR USING OUR PRODUCTS OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT YOU WAIVE ANY RIGHT TO SUE THE COMPANY IN COURT OR PARTICIPATE IN A
CLASS ACTION LAWSUIT. You understand and agree that all disputes will be
resolved exclusively through binding arbitration as described in Section 18.2.
This waiver is intended to protect the Company from all forms of litigation,
including predatory lawsuits and frivolous claims.
21.7 Protection Against Vexatious Litigation
You agree not to bring, participate in, or support any vexatious, frivolous, or
predatory litigation against the Company. Any attempt to circumvent the
arbitration provision through such litigation shall entitle the Company to
recover all legal costs, attorney's fees, and expenses associated with
defending against such actions, regardless of the outcome.
21.8 Covenant Not to Sue
You covenant and agree that you will not sue or file any action, claim, or
legal proceeding against the Company or its employees, officers, directors,
affiliates, or agents in any jurisdiction for any claims arising out of or in
connection with your use of the Services, this Agreement, or any other matter
related to the Company's products or services.
21.9 Acknowledgment
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
22.
Contact Information
All notices of copyright infringement claims should be sent to the designated
copyright agent as provided in Section 8 (Copyright Infringement). All other
feedback, comments, requests for technical support, and other communications
relating to the Services should be directed to:
:
steven@stevenlloyd.com Last Updated
: April 12, 2025
9330 Lyndon B Johnson Fwy #900, Dallas, TX 75243, United States
(972) 360-9237
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