Terms of Use

Terms of Use

 

The terms and conditions described herein (the “Terms of Use”) constitute a legal agreement between you and The Sterling Group.  The Terms of Use govern access to and use of the domain http://www.academyconnect.com as well as any other of The Sterling Group’s websites, products, services and content thereon (collectively, the “Academy Connect Site”).  IF THE TERMS OF USE ARE NOT ACCEPTED BY YOU IN FULL, OR IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE, YOU MUST IMMEDIATELY CEASE ALL ACCESS AND USE OF THE ACADEMY CONNECT SITE.

These Terms of Use are effective as of January 1st , 2012. 

  1. Definitions.

  1. “Academy Connect Content” – Content created and made available on the Academy Connect Site by The Sterling Group or its representatives.
  2. “Academy Connect Site” – Shall refer to the website available at the domain name http://www.academyconnect.comas well as any other of The Sterling Group’s websites, products, services and content thereon.
  3. “Content” – Any and all text, images, photos, audio, video, and all other forms of data or communication contained on the Academy Connect Site.
  4. “Employer” – Any User accessing, browsing or in anyway using the Academy Connect Site representing an entity interesting in employing one or more Graduates.
  5. “Employer Profile” – User Profile created by an Employer for the purpose of accessing certain features of the Academy Connect Site.
  6. “Feedback” – Any and all ideas, suggestions, documents, or proposals submitted to The Sterling Group for purposes of improving the Academy Connect Site.
  7. “Financial Information” – Information required in order to submit payments associated with the creation and renewal of a User Profile, including but not necessarily limited to credit card information and billing address.
  8. “Graduate” – Any User accessing, browsing or in anyway using the Academy Connect Site that has graduated from one of the following institutions:
  9. The United States Military Academy (USMA) in West Point, New York.
  10. The United States Naval Academy (USNA) in Annapolis, Maryland.
  11. The United States Coast Guard Academy (USCGA) in New London, Connecticut.
  12. The United States Merchant Marine Academy (USMMA) in Kings Point, New York.
  13. The United States Air Force Academy (USAFA) in Colorado Springs, Colorado.
  14. “Graduate Profile” – User Profile created by a Graduate for the purpose of accessing certain features of the Academy Connect Site.
  15. “Personal Information” – Any and all information about a User that makes the User personally identifiable, including name, physical address, email address, and phone number.
  16. “Professional Information” – Any and all information about a User relative to his or her education and professional experience, including degrees earned and job history.
  17. “The Sterling Group” – The Sterling Group shall refer to The Sterling Executive Recruiting Group, LLC, a limited liability company organized under the laws of North Carolina, as well as to its current or future parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents, and representatives of each.
  18. “Third-Party” – Collectively refers to all parties other than The Sterling Group and its Users.
  19. “Third-Party Content” – Content made available on the Academy Connect Site by parties other than The Sterling Group or Users, including but not necessarily limited to data submitted by advertisers.
  20. “User” – Anyone who accesses, browses or in anyway uses the Academy Connect Site, including but not limited to Users with valid User Profiles.  As used in the Privacy Policy, the terms “you” and “your” refer to you and/or the business entity that you represent as a User of the Academy Connect Site.
  21. “User Content” – Any and all content submitted by a User through the Academy Connect Site, excluding information requested by The Sterling Group for creating a User Profile that is not displayed in connection with that User Profile.
  22. “User Profile” – Collectively refers to both Employer Profiles and Graduate Profiles.

 

  1. General.

  1. By accessing and using the Academy Connect Site, you acknowledge that you have read and understand the Terms of Use and you accept and agree to be bound by the terms and conditions of the Terms of Use.
  2. The Terms of Use may be updated by The Sterling Group from time to time without notice. You can review the most current version of the Terms of Use at any time by revisiting this page.  You should revisit the Terms of Use on a regular basis as revised versions are binding on you.  The Sterling Group may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Academy Connect Site.
  3. You understand and agree that your continued access to or use of the Academy Connect Site after any modification to the Terms of Use indicates your acceptance of the modification.
  4. The Sterling Group may offer other services that are governed by additional or different terms.
  5. Subject to the terms and conditions of these Terms of Use, The Sterling Group hereby grants to you a limited, revocable, non-transferable and non-exclusive license to access and use the Academy Connect Site by displaying it on your internet browser.  Any breach of these Terms of Use shall result in The Sterling Group’s immediate revocation of the license granted in this paragraph without specific notice to you.

 

  1. Eligibility.

  1. You represent, warrant, and covenant that you (a) are of legal age and are under no impairment or infirmity which would render you incompetent to form a binding contract; (b) have full and complete authority to enter into and consummate the Terms of Useand access and use the Academy Connect Sitewithout breaching any agreement made with any other person or entity, violating any rights of any other person or entity, or violating any laws of the United States or other applicable jurisdiction; (c) will only use the Academy Connect Site in a lawful manner; (d) have not been suspended by The Sterling Group or removed from the Academy Connect Site; (e) are not a direct competitor of The Sterling Group; (f) are not a convicted sex offender; and (f) will not have more than one User Profile at any given time, unless authorized by The Sterling Group.

 

  1. Translations.

  1. The Sterling Group may translate the Terms of Use into languages other than English for your convenience.  However, the English version governs your relationship with The Sterling Group and any inconsistencies in the translations will be resolved in favor of the English version.

 

  1. Academy Connect Site Material.

  1. The Academy Connect Site may contain Content that you find offensive, indecent, inaccurate, or otherwise objectionable.  The Sterling Group does not endorse such Content and cannot vouch for the accuracy of Content on the Academy Connect Site.  Consequently, you access and use the Academy Connect Site at your own risk.
  2. The Sterling Group may display advertisements and other information adjacent to or included with your Content on the Academy Connect Site. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of displaying such advertisements are subject to change without specific notice.

 

  1. Graduates and Graduate Profiles

  1. A Graduate must create a Graduate Profile and provide information about himself/herself in order to use the majority of the features of the Academy Connect Site.  You may only create a Graduate Profile if you are a graduate of a United States service academy, as more fully described in the definitions section of these Terms of Use.  You may not impersonate someone else, create a profile for anyone other than yourself, provide any false information or create multiple Graduate Profiles without express permission from The Sterling Group.  You will be responsible for all activities that occur with your Graduate Profile. 
  2. Graduate Profiles will require a Graduate selected password.  You will be responsible for the maintenance and confidentiality of your password.  You agree to notify The Sterling Group immediately of any unauthorized use of your Graduate Profile. 
  3. Graduate Profile memberships are offered on an annual subscription basis.  Financial Information required to create and renew a Graduate Profile membership will be treated in accordance with the Academy Connect Privacy Policy.
  4. All Graduate Profile memberships will automatically renew to preserve continuity.  Any and all discounted memberships will be renewed automatically at the regular membership rate at the end of the discounted membership term.  The Sterling Group reserves the right to modify its membership pricing at any time upon advance notice to you. If you have not deactivated or cancelled your membership within the specified time after receiving notice of a price change, membership subscriptions will be renewed at the new price.
  5. The Sterling Group may, in conjunction with the initial launch of the Academy Connect Site, offer free Graduate Profile membership for a limited promotional period.  Upon the expiration of any such promotion, users that have created a Graduate Profile will be asked if they wish to continue their membership by submitting Financial Information and agreeing to standard membership rates and conditions.
    1. Free trials of Graduate Profile membership are given at the sole discretion of The Sterling Group and imply no obligation to purchase services once the trial is complete.  All free trial Graduate Profile memberships will terminate automatically on the day following the trial duration.  Any data stored or saved during the trial will not be available after the free trial membership is terminated.
  6. The Sterling Group reserves the right to terminate your Graduate Profile at any time for any or no reason and without advance notice.
    1. If your profile is terminated for a violation of these Terms of Use, you will not be entitled to any refund for the last annual subscription fee paid prior to termination.
    2. If you profile is terminated for a reason other than a violation of these Terms of Use, any refund of the last paid annual subscription fee will be given on a pro-rated basis.
  7. If you want to discontinue use of your Graduate Profile, you may deactivate it or cancel it.  Deactivated profiles will be removed from the automatic renewal feature until they are re-activated.  For more information regarding how your information is handled when deactivating or cancelling your Graduate Profile, please consult the Academy Connect Privacy Policy

 

  1. Employers and Employer Profiles

  1. Employer Profiles are negotiated individually between each potential Employer and The Sterling Group.  If you are interested in creating an Employer Profile, please contact The Sterling Group using the contact information at the bottom of these Terms of Use.
  2. These Terms of Use and the Privacy Policy for the Academy Connect Site shall be fully incorporated by reference into any agreement between an Employer and The Sterling Group relating to the creation and/or renewal of an Employer Profile.
  3. Employers with a valid Employer Profile may, subject to individually negotiated terms, be entitled to (1) search the resume database on the Academy Connect Site and/or (2) create job postings for review by Graduates.  Employers must comply with all federal, state and local laws when creating job postings and searching for employees.  To help ensure such compliance, Employers may not condition employment or otherwise discriminate among Graduates based on (1) race, (2) color, (3) national origin, (4) sex, (5) religion, (6) age or (7) disability. 
  4. Employers may not engage in the following activities:
    1. Post jobs or content on the Academy Connect Site that contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the job or are otherwise misleading;
    2. Use the resume database for any purpose other than as an employer seeking employees, including but not limited to using the information in the database to sell or promote any products or services;
    3. Post on the Academy Connect Site any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents;
    4. Send unsolicited mail or email, make unsolicited telephone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to other Users;

 

  1. Employment.

  1. The Academy Connect Site serves, in part, as a venue for Employers to post job opportunities and search for job candidates, and for Graduates to post resumes and search for jobs.  The Sterling Group is not involved in the actual creation of an employment relationship between Employers and Graduates.  The Sterling Group cannot guarantee the accuracy, quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to candidates or the ability of candidates to fill job openings.
  2. Should you choose to seek employment using the Academy Connect Site, you represent, warrant and covenant that you will not post any incomplete, false or inaccurate information, including but not limited to Personal Information and Professional Information.  
  3. The Sterling Group shall not be responsible for any employment decisions, for whatever reason, made by any entity in connection with jobs posted on or through the Academy Connect Site.

 

  1. User Interaction.

  1. Through the various methods of communication available on the Academy Connect Site, including but not limited to employment interviews and communications made between Users, Users may choose to arrange for physical meetings.  The Sterling Group does not in any way supervise any such meetings and has no control over the identity or action of the individuals who are present at such meetings.  The Sterling Group stresses that all Users should exercise caution and good judgment when attending any live meeting.
  2. Inasmuch as The Sterling Group does not supervise or control any live interaction arranged between Users and/or Third-Parties, is not involved in any way with physical transportation to or from any such meetings or with the actions of any individuals at the meetings, and cannot guarantee the true identity or age of any Users and/or Third-Parties, you agree that you bear all risk and agree to release The Sterling Groupfrom any and all liability arising out of or in any way connected with your decision to participate in in-person meetings with other Users or anyone introduced to you through the Academy Connect Site.  You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of such a release or waiver.
  3. You are solely responsible for your interactions with other Users. The Sterling Group reserves the right, but has no obligation, to monitor disputes between you and other Users.

 

  1. Restrictions on Use.  You represent and warrant that you will not engage in the following behavior or assist others in doing so:

  1. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. use the Academy Connect Site to promote bigotry or discrimination against protected classes;
  3. use the Academy Connect Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User's use of the Academy Connect Site;
  4. use the Academy Connect Site to solicit personal information from minors or to harm or threaten to cause harm to minors in any way;
  5. impersonate any person or entity, including, but not limited to, an employee or representative of The Sterling Group, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. collect or store information about other Users without their informed consent;
  7. forge headers or otherwise manipulate identifiers in order to disguise the origin of User Content;
  8. access, retrieve, or index the Academy Connect Site for purposes of constructing or populating a searchable database, including but not limited to a searchable database of employment listings or job applicants, except as expressly authorized by The Sterling Group;
  9. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, contests, surveys, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of mass messaging solicitation;
  10. use the Academy Connect Site for promotional or commercial purposes, except as expressly allowed in writing by The Sterling Group;
  11. use the Academy Connect Site for keyword spamming or to otherwise attempt to manipulate natural search results;
  12. upload, post, email, transmit, or otherwise make available any Content that violates any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any party;
  13. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  14. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  15. use the Academy Connect Site in violation of these Terms of Use or any applicable law;
  16. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Academy Connect Site or its Content (other than your User Content), except as expressly authorized by The Sterling Group;
  17. reverse engineer any portion of the Academy Connect Site;
  18. remove or modify any patent, trademark, copyright, or other proprietary rights notice on the Academy Connect Site or on any materials printed or reproduced from the Academy Connect Site;
  19. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Academy Connect Site, except as expressly authorized by The Sterling Group;
  20. offer any contest, giveaway, or sweepstakes on the Academy Connect Sitewithout The Sterling Group’s prior written consent; or
  21. facilitate or encourage any violations of these Terms of Use.

 

  1. Privacy.

  1. The Privacy Policy for the Academy Connect Site is fully incorporated herein by reference.  The Privacy Policy describes, among other things, (a) how The Sterling Group handles your User Content and (b) advertising on the Academy Connect Site.

 

  1. User Content.

  1. You represent that you own, or have the necessary permissions to use, and authorize the use of, your User Content as described herein.
  2. User content is not in any way sponsored or endorsed by The Sterling Group.  Consequently, you may not post any User Content that states or implies such a sponsorship or endorsement.
  3. Subject to the terms of the incorporated Privacy Policy, you represent and warrant that:
    1. The Sterling Group may use User Content in a number of different ways, including displaying it on the Academy Connect Site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms;
    2. you hereby irrevocably grant to The Sterling Group permission to use your User Content for any purpose, and you grant to The Sterling Group a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, copyright, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit your User Content;
    3. you unconditionally waive any and all moral rights and non-assignable rights relating to your User Content, including regarding attribution or identification of authorship, integrity, reversion, approval, consent, restriction or limitation on use or subsequent modifications, operation, maintenance, alteration, disassembly, distortion, mutilation, removal, or destruction, including any claims or liability relating to the foregoing.
  4. You are solely responsible for and assume all risks associated with any Content that you contribute or that is contributed under your User Profile to the Academy Connect Site.  As part of this responsibility, you assume all risks associated with any third-party’s reliance on your submitted Content’s accuracy completeness, or usefulness.  Further, you assume all risks associated with Content that you submit which may make you personally identifiable to third-parties.
  5. You may expose yourself to liability if your submitted User Content or Content submitted under your User Profile (1) violates any third-party right, including any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) contains material that is false, intentionally misleading, or defamatory; (3) contains material that is unlawful, including illegal hate speech or pornography; (4) exploits or otherwise harms minors; or (5) violates or advocates the violation of any law or regulation.
  6. The Sterling Group may remove or reinstate User Content from time to time at its sole discretion.  The Sterling Group is under no obligation to retain your User Content or to provide you with copies of your User Content.
  7. The Sterling Group does not guarantee User confidentiality with respect to User Content.
  8. When you delete your User content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that such content may persist in backup copies for a reasonable period of time (but will not be available to others).

 

  1. Academy Connect Content.

  1. All Academy Connect Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products and software, is the sole property of The Sterling Group. 
  2. The Sterling Group also owns or has rights to use the patent, trademark, trade secret, copyright, and other intellectual property or proprietary rights throughout the world associated with Academy Connect Content and the Academy Connect Site.  These rights are protected by applicable intellectual and proprietary laws.  Consequently, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Academy Connect Content except as expressly authorized by The Sterling Group.
  3. Except as expressly and unambiguously provided herein, The Sterling Group does not grant you any express or implied rights, and all rights in and to the Academy Connect Site and the Academy Connect Content are retained by The Sterling Group.
  4. ACADEMY CONNECT and THE STERLING GROUP are proprietary service marks of The Sterling Group.

 

  1. Third-Party Content.

  1. The Academy Connect Site may include links to other websites. If you decide to access linked Third-Party websites, you do so at your own risk.
  2. The Academy Connect Site may include products and/or services offered by Third-Parties.  All Third-Party products and/or services must be ordered directly from such Third-Parties or their representatives and all licenses and warranties relating to such Third-Party products and/or services, if any, are between you and such Third-Party.  The Sterling Group is not responsible for the contents of any Third-Party products and/or services and makes no representations or warranties, express or implied, regarding the content or accuracy of materials, data, or workmanship contained in any such products and/or services.

 

  1. Intellectual Property Infringement Policy

  1. The Sterling Group takes intellectual property matters seriously.  If you believe that your copyrighted material has been copied in a way that constitutes infringement or that your intellectual property rights have been violated in any other way, please notify The Sterling Group’s agent for notice of claims of intellectual property infringement (“The Sterling Group’s Agent”).  The Sterling Group’s Agent may be contacted at email address or at:
    1. 348A Raleigh Street
    2. Holly Springs, NC
    3. 27540
  2. Due to security concerns, The Sterling Group cannot accept email attachments.  Consequently, if you submit material via email, please include all information in the body of the email and not as an attachment.
  3. When contacting The Sterling Group’s Agent, please provide a written submission that includes all of the following information (the “Notice”):
    1. An identification of the copyrighted work (or other intellectual property) that you claim is being infringed, or, if you believe multiple works are being infringed, a representative list of such works;
    2. a description of where the material at issue can be found at the Academy Connect Site (if possible, please provide a specific URL);
    3. your physical mailing address, telephone number and email address;
    4. a statement by you that you have a good faith belief that the use of the disputed copyrighted work (or other intellectual property) is not authorized by the owner, its agent, or the law;
    5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
    6. your physical or electronic signature.
  4. The Sterling Group will remove any infringing material subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). 

 

  1. Academy Connect Site Availability.

 

  1. The Sterling Group reserves the right to modify, update, or discontinue the Academy Connect Site at its sole discretion, at any time, for any or no reason, and without notice or liability.

 

  1. Additional Terms

 

  1. Certain sections or pages on the Academy Connect Site, or certain features or services provided thereon, may contain separate terms and conditions, which are in addition to these Terms of Use.  In the event of conflicting provisions, the additional terms and conditions will govern.

 

  1. Unauthorized Access.

 

  1. The Sterling Group reserves the right to exercise whatever lawful means The Sterling Group deems necessary to prevent unauthorized access to or use of the Academy Connect Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider regarding such unauthorized use.

 

  1. Feedback.

 

  1. If you would like to send Feedback to The Sterling Group, you may do so here.  By sending Feedback to The Sterling Group, you (1) submit and warrant that your Feedback does not contain information that is subject to a confidentiality agreement or the property of a third party and (2) grant to The Sterling Group a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, copyright, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit the Feedback.  The Sterling Group is under no obligation of confidentiality, express or implied, with respect to the Feedback.

 

  1. Use Outside of the United States.

 

  1. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export Content to countries or persons prohibited under the export control laws. By accessing and/or downloading any Content, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any controlled products or information.

 

  1. Warranties, Disclaimers, Limitations of Liability and Indemnification.

     

 

  1. Your use of the Academy Connect Site and its Content is at your own discretion and risk, including downloading, viewing, or otherwise obtaining any Content.  You will be solely responsible for any loss or damage resulting from your access or use of the Academy Connect Site and/or its Content, including but not limited to any damage to your computer or device, loss of data, from viruses, or other harm.  The Academy Connect Site, including all Content, is made available to you on an “as is” and “as available” basis.  You acknowledge and agree that The Sterling Group is not responsible for any third party action or inaction that affects your use of the Academy Connect Site.
  2. The Sterling Group makes no warranties, representations, or conditions of any kind, including as to (1) the functionality of the Academy Connect Site or its Content, including whether the Academy Connect Site or its Content will be uninterrupted, timely, secure, or error-free, or whether any errors will be corrected, (2) whether the Academy Connect Site or its Content will meet your requirements or expectations, (3) the accuracy, reliability, integrity, quality, legality, usefulness, or safety of the Academy Connect Site or its Content, or (4) the products and services associated with the Academy Connect Site or its Content.
  3. The Sterling Group specifically disclaims to the extent allowed under applicable law any and all warranties, whether express, statutory, implied, or other, including, but not limited to, any warranties of fitness for a particular purpose, merchantability, merchantable quality, durability, accuracy or quality of informational content, quiet enjoyment, title, noninfringement, validity, exclusivity, condition, quality, durability, sustainability, arising from a course of dealing, a course of performance, or usage of trade, or under any enactment of the Uniform Computer Information Transactions Act, and oral or written representations, proposals or statements made on or prior to the effective date of these Terms of Use.  To the extent any such warranty may not be disclaimed, any such warranty is hereby limited to the minimum duration and extent allowed under applicable law.
  4. Information or advice obtained from the Academy Connect Site shall not create any warranty, representation, condition, or obligation not expressly stated in the Terms of Use.
  5. The Sterling Group disclaims all liability, and you expressly understand and agree that The Sterling Group is not liable, for (1) direct, indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (2) loss of profits, (3) business interruption, (4) loss of or damage to reputation or goodwill, (5) loss of information or data, or (6) other loss or damage arising out of your use of the Academy Connect Site or its Content, even if The Sterling Group has been advised of the possibility of such liability or damages.  You will be solely responsible for any loss or damage resulting from your use of the Academy Connect Site and/or its Content, including but not limited to any loss of data or damage to your computer or other device from viruses that may be downloaded to such devices in the course of using the Academy Connect Site.
  6. The Sterling Group disclaims all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, or other Users on the Academy Connect Site.
  7. Your sole and exclusive right and remedy in case of dissatisfaction with the Academy Connect Site or any other complaint or grievance shall be your termination and discontinuation of use of the Academy Connect Site.  Regardless of cause or theory of recovery, whether in contract, tort or otherwise, in no event shall The Sterling Group’s liability under the Terms of Use exceed the total amount that you have paid to The Sterling Group within the twelve (12) month period preceding the date that the claim first arose.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access or use of the Academy Connect Site or its Content must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  8. You will, at your cost and sole expense, defend, indemnify, and hold free and harmless The Sterling Group, its officers, directors, shareholders, employees, agents, affiliate corporations, successors, and assigns from all liability, losses, costs, expenses, judgments, and damages (including all reasonable attorneys’ fees, costs, and expenses) incurred by any of them in connection with, as a result of, or from any third party claim, action, or suit arising from (a) your failure to comply with applicable laws and regulations, including violation of any intellectual property or other rights of any third party by you or anyone using your User Profile, (b) your violation of the Terms of Use, (c) bodily injury (including death) or damage to property arising from the negligent, fraudulent, or intentional acts or omissions of you, or (d) your access or use of the Academy Connect Site or its Content.  You may not settle any claims giving rise to an indemnification obligation hereunder where such settlement imposes a monetary obligation that is not covered by the indemnification, imposes any material, non-monetary obligation, or that admits any liability on the part of The Sterling Group and which does not include an unconditional release of The Sterling Group without the prior written consent of The Sterling Group.  The Sterling Group reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The Sterling Group and you agree to cooperate with The Sterling Group’s defense of these claims.

 

  1. Miscellaneous.
     

    1. Nothing in the Terms of Use will create or imply an employment or agency relationship between you and The Sterling Group, nor will the Terms of Use be deemed to constitute a joint venture or partnership between you and The Sterling Group.  You do not have any authority of any kind to bind The Sterling Group in any respect whatsoever.  These Terms of Use are solely between you and The Sterling Group and shall not inure to the benefit of others.
    2. You consent to having your personal data transferred to and processed in the United States.
    3. The Sterling Groupmakes no claims that the Content on the Academy Connect Site is appropriate or may be downloaded outside of the United States.
    4. You may not assign or transfer the Terms of Use or duties or obligations hereunder, in whole or in part, without the prior written consent of The Sterling Group.  The Sterling Group may freely assign or transfer the Terms of Use or its duties and rights hereunder, and all terms and conditions of these Terms of Use will inure to the benefit of and be enforceable by such successors, assigns, subsidiaries, purchasers, or transferees.
    5. These Terms of Use will be solely governed by and construed in accordance with the laws of the State of North Carolina and the United States. 
    6. Any dispute arising out of, connected with or relating to these Terms of Use or any related agreement shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, disputes as to whether a matter is subject to arbitration, claims brought as class actions, or claims arising out of or connected with the transaction reflected by this document. Notwithstanding the arbitration provisions set forth herein, the parties reserve the right to seek an injunction or other equitable relief from a court with applicable authority.  Arbitration shall be conducted under and governed by the pertinent rules of the American Arbitration Association (the "AAA"). All arbitration hearings shall be conducted in Wake County, North Carolina. The expedited procedures of the AAA shall be applicable to all claims. All applicable statutes of limitation shall apply to a Dispute. A judgment upon the award may be entered in any court having jurisdiction and any decision rendered by the arbitrator shall be final and binding on the parties. The single arbitrator selected for expedited procedure shall be a licensed attorney.
    7. If any court proceeding is necessary to enforce the terms or conditions of the Terms of Use, such disputes shall be exclusively subject to jurisdiction and resolution in the state or federal courts located in Wake County, North Carolina, without regard to conflict of laws under any jurisdiction, and you and The Sterling Group agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts in Wake County, North Carolina in event of any such dispute.  You agree that your access and use of the Academy Connect Site and its Content occurs solely within Wake County, North Carolina, USA, regardless of where your computer, browser, or device is physically located, and that the Academy Connect Site and its Content are located in, served from, and performed wholly within Wake County, North Carolina, USA.
    8. If any provision, or portion thereof, of the Terms of Use is unenforceable, prohibited, or invalid under, or contrary to, any applicable statute or rule of law, it will be modified to the least extent necessary to make it enforceable, such unenforceability shall not affect any other provision of the Terms of Use, and the remaining Terms of Use will remain in full force and effect.  Further, such invalidity, prohibition, or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
    9. Waiver of any breach will not be construed to be a waiver of any other breach.  All waivers must be in writing, and signed by the party waiving its rights.
    10. The headings for the sections herein are inserted for convenience of reference and are not intended to be a part of or to affect the meaning or interpretation of the Terms of Use.
    11. The Terms of Use including the documents incorporated herein by reference constitutes the entire agreement between you and The Sterling Group with respect to its subject matter, governs your access and use of the Academy Connect Site and its Content, and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter.  You acknowledge that you have not been induced to enter into these Terms of Use by any representations or promises not specifically stated herein.  Neither you nor The Sterling Group shall be considered the drafter of these Terms of Use, or any provisions of these Terms of Use, for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter.  You also may be subject to additional terms and conditions that may apply when you access, use, or purchase certain other products or services.  You agree that the Terms of Use constitutes a set form in writing, whether or not you choose to print the Terms of Use, including the terms and conditions as described herein.

If you have any questions or concerns regarding these Terms of Use, you may contact The Sterling Group through the following help page.  Alternatively, you may contact The Sterling Group by telephone at 919-567-3955 or by mail at 348A Raleigh Street, Holly Springs NC, 27540. 

 
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