Terms of Use and Privacy Policy

Our Terms:

SUTHERTON, INC.®
TERMS OF USE (last revised 04/27/19)

1. PURPOSE

These Terms of Use define the conditions under which Sutherton, Inc. (“SUTHERTON”), makes its website available to users and the conditions under which users may have access to and use this website and the web-based services available on this website. This website and the services available through the website (together the “Website”) are subject to compliance with these Terms of Use and all applicable laws and regulations.
These Terms of Use constitute a legally binding agreement made by and between SUTHERTON and you, personally and, if applicable, on behalf of the entity for whom you are using this Website (collectively, “you” “You”, “your”, “Your” or “User”). These Terms of Use govern your use of this Website so please read them carefully. BY ACCESSING OR USING ANY PART OF THIS WEBSITE (INCLUDING LINKING TO THE WEBSITE AND ACCESSING OR DOWNLOADING ANY SUTHERTON SOFTWARE. DOCUMENTS), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE WEBSITE, YOU ARE REQUIRED TO FOLLOW THOSE AS WELL AND ANY GUIDELINES AND POLICIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY AT ANY TIME. WE ENCOURAGE YOU TO REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY FROM TIME TO TIME FOR POSSIBLE CHANGES. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS OF USE AND PRIVACY POLICY THAT MAY BE POSTED. WE WILL POST THE AMENDED TERMS OF USE ON THE WEBSITE AND INDICATE AT THE TOP OF THE PAGE THE DATE LAST REVISED AND WILL POST ANY REVISED PRIVACY POLICY.

2. ACCESS TO THIS WEBSITE

You must comply with all of the terms and conditions of these Terms of Use, the policies referred to below, and all applicable laws, regulations and rules when you use this Website.
This Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. Persons using the Website to purchase products or services or utilizing resources on behalf of an employer must do so only with the authorization of their employer. Your access to the Website, sending us feedback, submitting comments or other posts, or other use of the Website will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law. The Website is not intended for children under the age of 13. SUTHERTON does not target its Website to children under 13 or knowingly collect personally identifiable information from children under the age of 13. If we become aware that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.

We use the means that we believe are reasonable to provide access to this Website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of SUTHERTON and subject to any breakdowns or any maintenance operations required to ensure the smooth operation of the Website service and equipment. SUTHERTON will not be liable for any failure or deficiency in the performance of this Website, and any Software provided through use of the Website, by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to SUTHERTON, fire, terrorism, natural disaster or war.

SUTHERTON grants users who accept these Terms of Use the right to connect to its Website by means of the user’s computer, mobile or other electronic device. The communication protocols used are those currently used by the Internet network. The rights of access to and use of this Website are non-exclusive and non-transferable.

The Website is controlled in the United States. SUTHERTON makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are entirely responsible for compliance with local law, including, but not limited to, export and import regulations. Services made available on or through this Site may be subject to United States export control laws, which state that certain software cannot be downloaded from this Website to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list.

3. PASSWORD AND ACCOUNT SECURITY

3.1 Registration: You may create your own account on the Website by completing the online registration process on the Website, and you must do so if you would like to receive services/product provided by SUTHERTON. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Website account using an old e-mail address, you will not be able to receive messages from us. If you provide any information that is untrue, inaccurate, incomplete or not current, or SUTHERTON has grounds to suspect that such information is untrue, inaccurate, incomplete or not current, SUTHERTON has the right to suspend or terminate any issued password and refuse any and all current or future use of the Website.

3.2 Accounts and Passwords: Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential and not disclose your password to any person other than your direct employees, as applicable, required to have such access to your password in the normal course of your business. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Website.

4. INTELLECTUAL PROPERTY RIGHTS

Except as provided herein, this Website and the contents of this Website (including, but not limited to, The data, information, design, text, graphics, illustrations, audio clips, video clips, other files, and the selection, arrangement and organization thereof) (the “Website Information”) are owned by SUTHERTON, its licensors or other entities and are protected by copyright and other intellectual property rights. All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Website Information (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the this Website) and the structure, organization and code relating to the information or data accessed by you through your use of the Website or otherwise made available through your use of the Website and all other information or data supplied by SUTHERTON and/or its suppliers, products, free listings or website users and/or customers, including, without limitation, any and all information and data in machine readable form (collectively, “Data Information” and together with the Website Information, the “Proprietary Information”), are proprietary, confidential, and valuable trade secret information of SUTHERTON and/or its suppliers. Unauthorized use of the Proprietary Information is strictly prohibited.

You acknowledge, and agree not to challenge in any manner, that the Proprietary Information: (i) is comprised of original collections and assemblies of preexisting data, the selection, organization and arrangement of which results in original works, (ii) incorporates and/or integrates data that is not preexisting but instead is the original expression of SUTHERTON or its suppliers, as the case may be, and (iii) derives value from the fact that such data was promptly selected, organized, arranged and published by SUTHERTON or its suppliers.

The elements presented on this Website, including, without limitation, the Proprietary Information, are subject to modification without notice and are made available without any kind of guarantee, whether express or tacit, and cannot give rise to any rights to compensation. The information and images contained on this Website, including, without limitation, the Proprietary Information, are protected by copyright.

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-exclusive right to use the Proprietary Information on this Website in the normal course of your business, provided that you shall in no event use any Proprietary Information in transmission of “spam,” mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. SUTHERTON will retain ownership of its intellectual property rights, including rights in and to the Proprietary Information, and you do not obtain any rights therein by virtue of these Terms of Use or otherwise, except as expressly set forth in these Terms of Use.

5. JURISDICTION; APPLICABLE LAW; DISPUTE RESOLUTION

These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of New York, without regard to any provision governing conflicts of law. Any disputes arising out of, relating to, or connected with these Terms of Use or your use of this Website shall be brought exclusively before the federal or state courts serving the County of New Rochelle, State of New York. The use of this Website implies your express consent to the personal jurisdiction and venue of such courts.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred.