Thank you for using this website (the “Site”), which is owned by PTS Financial Technology, LLC, d/b/a Sterling Trading Tech (“PTS,” “STERLING,” “we,” “our,” or “us”). These Terms of Use govern your use of the Site.
August 19, 2021
These Terms of Use apply to all users of the Site and users of Sterling Trader® Mobile, including the software application, or service called Sterling Trader, Sterling Trader Mobile, Sterling TM, or Sterling Mobile (collectively, the “Services”). By using the Site or Services you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site or the Services. Terms not defined in-text are defined in the “Definitions” section at the end of these Terms of Use.
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policyhttps://www.sterlingtradingtech.com/support/privacy-policy/, which is expressly incorporated herein. Before using this Site or the Services, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site or the Services will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
This Site and the Services may include special promotions, features, or functionality. For example, you may be able to use this Site or the Services to enter a sweepstakes or contest, to apply for a job, or to purchase products. These special features may be offered subject to special terms and conditions, such as age restrictions, entry deadlines, return policies, or restrictions on use, and you may be asked to agree to such special terms and conditions. If special terms and conditions apply, appropriate notices will be posted in a context-appropriate location on the Site or Services. If any of the terms of the special terms and conditions are different than the terms of these Terms of Use, the terms of the special terms and conditions will supplement or amend these Terms of Use, but only with respect to the matters governed by the special terms and conditions.
This Site and the Services and its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of PTS Financial Technology, LLC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site or the Services does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site or the Services. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site or the Services and to display, download, or print portions of this Site or the Services on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
The Sterling Trading Tech name and logo, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site or the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of PTS Financial Technology, LLC or its affiliates (the “Sterling Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site or the Services are the property of their respective owners. You are not authorized to display or use the Sterling Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site or the Services without the prior written permission of such owners. The use or misuse of the Sterling Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
You are responsible for User-Generated Content that you post: Under no circumstances will we be liable in any way for any User-Generated Content.
This means that you, not STERLING, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control the User-Generated Content posted on or through this Site or the Services, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Site or the Services, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through this Site or the Services. The User-Generated Content posted on or through this Site or the Services expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of STERLING or any person or entity associated with STERLING.
You own User-Generated Content, but we may use it: You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Site or the Services you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content: STERLING has certain rights. We have the right (but do not assume the obligation) to:
You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content: You may not upload, post, transmit or otherwise make available:
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User-Generated Content fully complies with these Terms of Use and applicable laws and will not cause injury to any person or entity.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
Your notice must be signed (physically or electronically) and must be addressed as follows:
DMCA Copyright Agent
425 S Financial Place
Chicago, IL 60625
Email: [email protected]
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon STERLING actual knowledge of facts or circumstances from which infringing material or acts are evident.
The Feedback you provide to us through this Site or the Services will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site or the Services, you agree that to the extent you provide personal information to STERLING, it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site or the Services, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided under “Questions” below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site and the Services in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site or the Services any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
STERLING grants you a limited, non-exclusive, non-transferable, revocable, personal license to install and use the Services on your mobile device. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services, or remove any proprietary notices or labels on the Services.
Title, ownership rights and intellectual property rights in and to the Services shall remain with STERLING. You are solely responsible for all data electronically transmitted or the use of any data, information or services obtained through the use of the Services. You are solely responsible for following the rules of the website to which the Services can connect, and STERLING assumes no liability for damages that may result from your use or misuse of those sites.
These Terms of Use grant a license and a license only. You agree that you have not purchased a copy of the Services, but rather are paying (or no charge) for a license to use the Services and your adherence to all license terms shall be considered conditions precedent to your ability to continue to use and license the Services. All copyright rights and other intellectual property rights are owned and remain solely owned and held by STERLING. You agree to use the Services, and all related software provided to you by STERLING, solely to access and use the services provided by STERLING and agree not to modify, decompile, reverse engineer, or create derivative works of the Services without the express written authorization of STERLING. Except as otherwise required by applicable law or regulation, STERLING, at any time in its sole discretion without prior notice, may (i) terminate your use and license of the Services, (ii) expand, reduce or suspend the type and or dollar amounts of transactions allowed using the Services, (iii) change the enrollment process and transaction limits associated with it, (iv) update, revise, or modify the Services, or (v) discontinue support for the Services.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE, THE SERVICES OR THEIR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE OR THE SERVICES. THIS SITE, THE SERVICES, AND ALL OF THEIR CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, STERLING, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, THE SERVICES, THEIR CONTENT, AND ANY PRODUCTS OR OTHER SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE OR THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STERLING, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE OR THE SERVICES; (C) THAT THE CONTENT OF THIS SITE OR THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE OR SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, THEIR SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE OR THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
STERLING DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED STERLING SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Site and the Services gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
You understand that the information available through this Site or the Services, including through other links within the Services (“Information”), has been produced by independent providers unaffiliated with STERLING, various securities markets, such as stock exchanges and their affiliates, and by other outside sources. The Information is believed to be reliable. However, STERLING and its affiliates are not responsible for the content and the timeliness, sequence, accuracy, adequacy, or completeness of the Information is not guaranteed either by STERLING or by the independent providers. Any opinions or recommendations expressed through other links are solely those of the independent providers and are not the opinions or recommendations of STERLING or its affiliates. You agree that you will not attempt to hold STERLING liable for any Information provided through this Site or the Services.
Use of the Services involves the electronic transmission of data and information to and from your mobile device across wireless and other networks. You acknowledge and agree that STERLING does not operate or control the wireless and other networks used to access your account, and STERLING is not responsible or liable for the privacy and security of your wireless data and information transmissions. You agree that it is your sole responsibility to confirm the privacy and security practices of the networks you use and to only use a reputable wireless service provider or a secure (not open) WiFi access point which is operated by a person or entity you have reason to trust.
You acknowledge and agree that it is your responsibility to maintain the security of your mobile device from unauthorized access. You further agree that in the event of any unauthorized access, or attempt to access your mobile device or your account, you shall immediately notify STERLING of any such access or attempt and cooperate with any investigation by STERLING into such access or attempt.
Certain versions of the Services may include application-level fingerprint authentication support. If you elect to enable fingerprint authentication, any person whose fingerprint is enrolled on your device will be able to access your application and shall be considered to be an authorized user of your account. If there are people, such as children, who have fingerprints enrolled in your device authentication system whom you do not wish to have access to your account, please do not enroll in fingerprint authentication for this Software. Fingerprint authentication is a function of your device operating system and the version of the Service that may support such function. For further information on device and operating system support, you should consult your device documentation.
By installing the Services on your mobile device, you are consenting to the transmission of data related to your use of the Services to servers in the United States or other territories as applicable.
Due to the nature of mobile technology you should be aware of the following risks related to the Services and mobile phone trading:
The Services may not allow the same functionality, access to information and services which are available when not using a mobile device.
Due to the nature of mobile devices, we do not warrant that the operation of the Services will be uninterrupted or entirely error-free. For example, due to service connectivity or internet connection difficulties endemic with mobile applications the service may, from time to time, be subject to delay, error or failure, with results that include, but are not limited to, the following:
It is possible that a wireless connection or function may not be available when using the Services or is interrupted, or that a feature can be disabled, when attempting to conduct a financial transaction. Should this happen, review your transaction status to verify the status of the attempted transaction when you return to an area with wireless coverage or have access to a computer, or contact a STERLING representative by telephone.
This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. STERLING shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site or the Services.
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by STERLING of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
These Terms of Use will be governed under the laws of the State of Illinois without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal courts in the City of Chicago and County of Cook, Illinois. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating. In addition, for all such matters generating federal subject matter jurisdiction, the parties agree that these matters shall be commenced and heard in the United States federal court siting and located in Chicago, Illinois.
You agree to indemnify and hold STERLING, its subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site or the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site or the Services causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
These Terms of Use are current as of the effective date set forth above. STERLING reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site or the Services after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site or the Services.
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and STERLING with respect to this Site or the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and STERLING with respect to this Site or the Services and your use of this Site or the Services.
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including Feedback.
The term “Feedback” refers to all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The term “including” means “including, but not limited to.”
The term “Site” refers to any platform owned by PTS or its affiliates on which these Terms of Use are posted, including the website at www.sterlingtradingtech.com.
If you have any questions about this Site, the Services, or these Terms of Use, please contact us using the following information:
425 S. Financial Place
Suite #3150
Chicago, Illinois 60605
Email: [email protected]
Telephone: (312) 346-9600
