Terms Of Use


September 1st, 2024.


These Terms of Use ("Terms") are an agreement by and between Sterling Equities Associates, Sterling American Property, Sterling Project Development, Sterling Residential Management, Sterling Commercial Management, and SNY (together "Sterling", "we", "our" or "us") and you, concerning your use of the Site. "Site" means https://sterlingequities.com/ and any other landing pages, interior pages, or sub-pages accessible or linked to from the home page, not including any webpages or websites owned or operated by third parties.


BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO BE BOUND BY

THESE TERMS OF USE. Certain of Sterling's products and services offered on this Site or otherwise provided to you may have additional terms or contractual obligations that apply to that product or service. If these Terms are inconsistent with any terms or contracts governing those other products or services, those other terms or contracts will control your use of those other products or services. Sterling reserves the right to make changes or updates to these Terms or the Site at any time. By continuing to use the Site, you agree to be bound by the Terms in effect at the time of your use of the Site. Each time you use our Site, you should visit and review the then current Terms that apply. If, at any time, you do not accept the Terms, you must immediately stop using the Site.


ARBITRATION NOTICE / CLASS ACTION WAIVER / JURY TRIAL WAIVER: THESE TERMS CONTAIN A BINDING AND ENFORCEABLE ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE. THESE TERMS ARE SET FORTH IN PARAGRAPH 9, BELOW. PLEASE READ AND REVIEW THESE TERMS CAREFULLY.


  1. Privacy Policy


    Please review our Privacy Policy, which governs your use of the Site and any data provided to or obtained by Sterling, and is incorporated here by reference.


  2. No Solicitation or Advice.


    The information contained on this Site is for informational purposes only. Nothing on this Site is intended to be, or should be construed as, a solicitation, offer, recommendation, or advice of any kind regarding any investment risks, holdings, financial instruments, investments, or any other product or service. You should not use any information contained on this Site to affect, change, sway, or otherwise influence your decisions with respect to any transaction, including but not limited to, any financial transaction or any legal action of any kind whatsoever.

    The information and services provided on this Site do not constitute tax, accounting, financial, investment, insurance, regulatory, legal or other advice by Sterling nor is it to be relied on in making any decisions. If you would like tax, accounting, financial, investment, insurance, regulatory, legal or other advice, you should consult with your own financial advisors, accountants, attorneys, or other advisors regarding your individual circumstances and needs.


  3. Content.


    All content on this Site, including all text, graphics, logos, images, audio clips, video, data, music, software, application updates, information, reports, statistics, or any other material ("Content") is owned or licensed property of Sterling, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Sterling and protected by U.S. and international copyright laws. Sterling expressly reserves all intellectual property rights in all Content.


  4. Your Use of the Site.


    Subject to these Terms, Sterling grants you a limited, non-transferable, non-exclusive license and right to access and make personal use of the Site. This license does not include any resale or commercial use of the Site or information or Content contained on the Site.


    Unless you and Sterling have expressly agreed otherwise in writing, your right to use the Site is subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products, or its Content; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service, or to download, copy, or collect content or account information for the benefit of yourself or another; (d) you may not copy, reproduce republish, upload, post, repost, transmit, distribute, or modify any Content on this Site; and (e) you shall not frame or utilize framing techniques to enclose any of Sterling's trademarks, logos, or other Content (including images and text descriptions).


  5. Disclaimers.


    THIS SITE AND ANY RESOURCES, INFORMATION, OR CONTENT CONTAINED ON THIS SITE ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STERLING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND FREEDOM FROM VIRUSES.

    Sterling does not warrant, either expressly or implicitly, the accuracy or completeness of the Content, and expressly disclaims all liability for any errors or omissions in the Content. Sterling is not responsible for any loss or damage that could result from your use or reliance on any Content contained or made available through this Site. Any decisions you make based on the Content are your sole responsibility. You agree Sterling is not liable for any action you take or decision you make in reliance on the Content.


    Sterling disclaims any liability or responsibility for any loss or damage incurred in the event of any failure or interruption of this Site, or resulting from the acts or omissions of any other party involved in making, maintaining, posting, or otherwise contributing to this Site or the Content. Sterling is not liable to you for any other cause relating to your access or inability to access or use this Site or the Content.


    Past performance is not a guarantee of future results. Information about any fund, strategy, equity, security, holding, or investment, including any statements as to past performance of such fund, strategy, equity, holding, or investment, is provided solely for illustrative purposes, and is not intended to be indicative or a guaranty of potential future performance of any fund, strategy, equity, security, holding, or investment. Actual results of any fund, strategy, equity, security, holding, or investment may vary based on a many factors including factors beyond Sterling's control.


    The views on this Site may be the personal views of each author and contributor, as applicable, and do not necessarily reflect Sterling's views or the strategies and products Sterling offers or in which it invests or maintains holdings. Neither Sterling nor the author or contributor, as applicable, guarantees the accuracy, adequacy or completeness of the Content. No representation or warranty, express or implied, is made or given by or on behalf of Sterling, the author, the contributor or any other person as to the accuracy and completeness or fairness of the Content and no responsibility or liability is accepted for any such information.


  6. Third-Party Content or Links to Third-Party Sites


    Certain Content may reference, advertise, make available, or link to information, content, resources, or webpages belonging to or created by or maintained by third parties. This Content is provided to you solely as a convenience to you and does not, in any way, constitute or imply Sterling's endorsement, sponsorship, or recommendation of the third party, its information, materials, products, or services. Any third party sites, information, or content contained or linked to on this Site are not under Sterling's control and Sterling is not responsible for any Third Party site, information or content.


    Sterling does not review or monitor any websites linked from or to the Site, is not responsible for the content or accuracy of any such websites, and does not make any representations regarding third party materials or services or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. Sterling makes no express or implied

    warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such third party links. You are advised to review the terms of use and privacy policies of any website that you visit. Sterling disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site.


    Your use of or reliance on any third party sites, information, or content is at your own risk.


  7. Limitation of Liability.


    IN NO EVENT SHALL STERLING, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS, AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING THEREFROM.


    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR THESE TERMS (FOR ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, FRAUD, INTENTIONAL MISREPRESENTATION, NEGLIGENT MISREPRESENTATION, GROSS NEGLIGENCE, NEGLIGENCE, OR ANY OTHER INTENTIONAL OR WILLFUL MISCONDUCT AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) YOUR ACTUAL DAMAGES.


    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.


  8. DISPUTE RESOLUTION


    PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

    1. Agreement to Arbitrate


      You and we agree that any dispute, claim, disagreement, or controversy (whether or not such dispute or claim involves a third party), relating in any way to your use of the Site or these Terms ("Dispute") that cannot be resolved directly between you and Sterling through the Pre-Arbitration Dispute Resolution and Notification procedures described below shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (collectively, the “AAA Rules”) then in effect, except as otherwise modified by this Agreement to Arbitrate. The AAA Rules are available at www.adr.org.


      The Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this Agreement to Arbitrate. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement to Arbitrate as a court would. All issues are for the arbitrator to decide. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT.


      1. Arbitration Procedures


        Either you or Sterling can initiate arbitration. The arbitration will be conducted by a single arbitrator appointed by the AAA. Sterling agrees that any required arbitration hearing may be conducted, at your option either (a) in the county where you reside; (b) in New York County; or (c) in any other location to which you and Sterling both agree. The arbitration may be conducted in person, by phone, by video conference, or a hybrid of both in-person and remote (video or telephonic) attendance. Even if the arbitration is conducted in person, any witness may appear by telephone or video unless the parties agree otherwise. All claims or counterclaims which do not exceed $10,000 shall be resolved solely on submission of documents and briefs/written argument to the arbitrator.


        The arbitrator will decide the substance of all Disputes in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. Either party may request the arbitrator's award include a reasoned decision for the award. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.


      2. Costs of Arbitration


        Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse

        Sterling for all fees associated with the arbitration paid by Sterling that you otherwise would be obligated to pay under the AAA Rules.


    2. Pre-Arbitration Dispute Resolution and Notification


      Prior to initiating an arbitration, you and Sterling each agree to notify the other party of the Dispute ("Notice of Dispute") and attempt to first negotiate an informal resolution. Sterling will contact you at the e-mail or regular mail address you provide; you can contact Sterling by email at legal@sterl.com Neither party may commence arbitration for a period of thirty (30) days following the other party's receipt of the Notice of Dispute. During that thirty (30) day period, the parties agree to negotiate in good faith to attempt to resolve the Dispute. If the parties are unable to reach a resolution during that thirty (30) day period, the party intending to pursue arbitration must notify the other party of that party's intent to initiate arbitration ("Notice of Intent to Arbitrate"). The party pursuing arbitration must provide Notice of Intent to Arbitrate at least fifteen (15) days prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the AAA Rules.


    3. Exceptions to Agreement to Arbitrate and Pre-Arbitration Dispute Resolution and Notification


      You and Sterling agree that the following Disputes are not subject to the Agreement to Arbitrate or the Pre-Arbitration Dispute Resolution and Notification procedures and must be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), whether or not the underlying claim supporting injunctive relief is subject to the Agreement to Arbitration and Pre-Arbitration Dispute Resolution and Notification procedures.


    4. CLASS ACTION WAIVER


      YOU AND STERLING EACH AGREE THAT ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, WHETHER THE DISPUTE IS BROUGHT THROUGH ARBITRATION, IN A COURT OF LAW, OR THROUGH ANY OTHER DISPUTE RESOLUTION FORUM. UNLESS BOTH YOU AND STERLING AGREE OTHERWISE, NEITHER AN ARBITRATOR, A COURT, NOR ANY OTHER DISPUTE RESOLUTION MASTER MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ANY RELIEF

      AWARDED (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) MUST BE ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).


    5. JURY TRIAL WAIVER


      TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF, FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND STERLING WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE TO PROCEED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION SUBJECT TO THE ABOVE CLASS ACTION WAIVER. THE PARTIES HEREBY APPOINT THE ARBITRATOR THE EXCLUSIVE POWER TO RULE ON ANY CHALLENGES TO THE REQUIREMENT FOR THE USE OF ALTERNATIVE DISPUTE RESOLUTION PROCESS IN THIS AGREEMENT TO ARBITRATE.


    6. Severability


      If any part of this Dispute Resolution provision is determined to be invalid or unenforceable, whether by an arbitrator or a court, the other parts of this provision shall still apply and remain in full force and effect. If a court or arbitrator decides that the Class Action Waiver is invalid or unenforceable because it would prevent the exercise of a non- waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.


  9. Statute of Limitations.


    You and we agree that any claim between us must be brought within one (1) year of when your claim accrues or it is otherwise waived and time-barred. You understand this provision modifies and supersedes any other statute of limitations period to which you may be otherwise entitled by statute or under the common law.


  10. Governing Law.


    These Terms and your use of the Site shall be governed by the laws of the State of New York.


  11. Indemnification.


    You agree to defend, indemnify, and hold Sterling harmless from and against all claims, liabilities, damages, judgment, awards, losses, costs, expenses, fees, or disputes arising out of or

    relating to (1) your use of this Site and (2) any violation or alleged violation by you of these Terms.


  12. Termination.


    Sterling reserves the right to terminate this Site or these Terms at any time or for any reason, or no reason. Sterling further reserves the right to terminate or suspend your use of the Site at any time and without prior notice for any reason or no reason. Upon such termination, your right to use this Site will immediately cease without any further obligation to you. Paragraphs eight (8) through twelve (12) of these Terms shall survive any such termination.


  13. Communications.


    By providing Sterling with your e-mail address, address, telephone number, cellular telephone number, fax number, or any other instructions for direct communications with you, you are agreeing to receive communications from Sterling through the method of communication you have provided. By sending communications to Sterling using any method of communication, you consent to receive a reply communication from Sterling in the same format in which you communicated with Sterling or by any other method of communication previously provided to Sterling. You agree that any and all agreements, notices, disclosures, and other communications that may be provided to you electronically satisfy any legal requirement that such communication be in writing.


  14. Severability.


    If any of these Terms are deemed to be invalid, void, unconscionable, or unenforceable for any other reason, any such terms shall be deemed severable and shall not affect the validity and enforceability of any other Term or the Terms as a whole.


  15. Entire Agreement.


These Terms constitute the entire agreement between you and Sterling regarding the use of the Site.