VERSION DATE: MARCH 26, 2021
Your Acceptance of Contract Terms
Unless otherwise expressly agreed in a writing signed by you and an authorized representative of Sterling Seal &
Supply Inc. (“Sterling Seal,” “we” or “us”), these terms and conditions of use and sale and the privacy policy, as
currently in effect and as modified by us from time to time (the “Sterling Seal Standard Terms”), and the provisions
included in any documentation you receive from us relating to your purchase of the products we sell (“Products”),
including but not limited to any quotation, order acknowledgment, packing list or invoice which we provide,
constitute the exclusive and complete agreement between you and Sterling Seal (collectively, the “Terms and
Conditions”), with respect to (i) your use of our website at www.sterlingseal.com any of our mobile applications,
any of our e-commerce applications, or our printed catalog (collectively, the “Sterling Seal Properties”), and (ii)
your purchase and use of the Products. By using any of the Sterling Seal Properties, purchasing any Products from
us, or by clicking the “I agree” button on our website, any of our e-commerce applications or any of our mobile
applications, you acknowledge that you have read, understood, and agree to be bound by the Terms and
Conditions. In the event of any conflict between the provisions of the Sterling Seal Standard Terms and the
provisions set forth in any documentation you receive from us relating to your purchase of Products, the provisions
of the Sterling Seal Standard Terms shall prevail. In addition, if you use any of our e-commerce or mobile
applications, you are also subject to the end user license agreement associated with the e-commerce or mobile
application, but if and to the extent that there is any conflict between the Terms and Conditions and the end user
license agreement for an e-commerce or mobile application, the Terms and Conditions shall prevail. Our
acceptance of any order submitted by you is expressly subject to your acceptance of the Terms and Conditions,
which may be evidenced solely by your acceptance of any Products ordered. Any additional, different, or
conflicting terms in any document or communication you submit to us are rejected and shall have no effect unless
we agree to them in a writing signed and sent to you by our authorized representative. The Terms and Conditions
supersede, override, and exclude all prior or contemporaneous oral or written communications.
Changes to Terms and Conditions
The Sterling Seal Standard Terms are effective as of the “Terms and Conditions Version Date” set forth below. We
reserve the right to change the Sterling Seal Standard Terms at any time by providing notice to you. That notice will
be given by one or more of the following: (i) providing you with an electronic notification through our website, by
e-mail or other means of electronic communication or through any of our e-commerce or mobile applications, or
(ii) making a revision to the Sterling Seal Standard Terms and changing the version date shown below. By clicking
the “I agree” button in connection with an electronic notification of a change, by using any of any of the Sterling
Seal Properties, or by purchasing a Product from and after the new version date, you signify your acceptance of the
revised Sterling Seal Standard Terms. The Sterling Seal Standard Terms shall not be changed, supplemented, or
interpreted by any course of dealing between the parties and they shall not be interpreted against us because we
have drafted them.
TERMS AND CONDITIONS OF USE
LICENSED USE
Ownership of Content. All literary, pictorial, graphic, derivative and other works, compilations, information and
other content in or on the Sterling Seal Properties, including but not limited to drawings, photographs, images,
screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans,
trade dress, and the compilation of the foregoing (the “Content”), and the design, “look and feel” and
arrangement of the Content, other than any public domain materials, are (i) owned or controlled by or licensed to
Sterling Seal, and (ii) protected in the United States and internationally under trademark, copyright, and other
intellectual property laws. All title, ownership, and other rights in and to the Sterling Seal Properties and the
Content are exclusively owned or licensed from a third party by Sterling Seal.
Trademarks, Copyrights, and Patents. Sterling Seal & Supply and Sterling Seal are trademarks of Sterling Seal &
Supply, Inc. and its parent company Sterling Consolidated, registered in the United States and other jurisdictions.
Trademarks that are identified with particular products sold through the Sterling Seal Properties are the property
of their respective owners, not Sterling Seal. Unless otherwise indicated, all Content is subject to copyrights owned
by or licensed to Sterling Seal, all rights reserved. Except as expressly permitted by us, nothing in the Terms and
Conditions confers any license in any property right, including without limitation any right in any trademark,
copyright, of Sterling Seal & Supply, Inc. or any third party.
Grant of Limited Use License. Sterling Seal grants you a limited, nonexclusive, non-transferable, and revocable
license to use the Sterling Seal Properties only in accordance with and for the purposes set forth in the Terms and
Conditions (the “Limited Use License”). Sterling Seal retains the right to terminate or limit your Limited Use
License, and your access to The Sterling Seal Properties and to any Content, for any reason and at any time. Except
as otherwise expressly permitted in the Terms and Conditions with respect to Images or agreed to in writing by an
authorized representative of Sterling Seal, the Sterling Seal Properties are only for your use in deciding whether to
purchase Products from us and in purchasing Products from us. You agree that you will impose only that load on
Sterling Seal’s servers that is necessary for your use in deciding whether to purchase products from us and in
purchasing products from us.
Prohibited Uses of the Sterling Seal Properties. Any unauthorized use, change of information or interference with
the availability of, access to or proper working of any part or feature of the Sterling Seal Properties or their security
measures is prohibited. Without limiting the foregoing, you agree that you will not, directly, or indirectly through
any third party, engage in any of the following activities with respect to the Sterling Seal Properties or the Content,
except as otherwise expressly permitted in the Terms and Conditions with respect to images, or agreed to in
writing by an authorized representative of Sterling Seal:
(i) copy, mirror, archive, intercept or redirect any Content.
(ii) redistribute, reproduce, make a derivative work from, or commercially exploit the content in any manner;
(iii) page or screen scrape, web harvest, or use any robot, spider, indexing agent or other automatic device,
process or means to access the Sterling Seal Properties for any purpose, including extracting data from, monitoring
or copying the Content;
(iv) use the Sterling Seal Properties in a manner that could disable, overburden, damage or impair them or
interfere with another party’s use of them;
(v) use any device, software or routine that interferes with the proper working of the Sterling Seal Properties;
(vi) introduce to the Sterling Seal Properties any virus, trojan horse, worm, logic bomb or other material which is
malicious or technologically harmful;
(vii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts or features of the Sterling
Seal Properties or the Content, the servers on which the Sterling Seal Properties and Content is stored, or any
server, computer or database connected to the Sterling Seal Properties or operated by us;
(viii) use a denial-of-service attack or a distributed denial-of-service attack against any of the Sterling Seal
Properties;
(ix) reverse engineer or attempt to extract the source code of any software that comprises any part of the Sterling
Seal Properties or the Content;
(x) display or use any Content for any commercial purpose in any publications, audiovisual works, public
performances, or on websites or other applications, including but not limited to in connection with products other
than our Products, in any other manner likely to cause confusion, to disparage or discredit us or our licensors, to
dilute the strength of the intellectual property owned by us or our licensors, or to otherwise infringe the
intellectual property rights of Sterling Seal or any third party;
(xi) frame or use framing techniques to enclose any trademark, logo, intellectual property, or other proprietary
information (including images, text, page layout or form) of Sterling Seal without our express written consent;
(xii) use any metatag or any other “hidden text” utilizing our name or trademarks without our express written
consent; or
(xiii) use any technology or other means to hide your identity.
USER CONTENT
Submission of User Content to Us. We are pleased to hear from our customers. We may from time to time seek
feedback from our customers and other users of the Sterling Seal Properties and we may enable them to submit,
post or upload reviews, comments, suggestions, messages, photographs, videos, and other content (collectively,
“User Content”).
Disclaimer of Liability for User Content.
We do not control, endorse, or verify any User Content and we make no representation or warranty concerning its
authenticity, integrity, or accuracy. Reliance on or use of any User Content is solely at your own risk. To the fullest
extent permitted by law, we are not responsible or liable for any User Content or for any claims, damages or losses
resulting from the use or appearance of any User Content on the Sterling Seal Properties.
User Content You Submit.
You are solely responsible for all User Content you submit to us. You agree that you will not submit to us any User
Content that (i) infringes or otherwise violates the rights of others, including patents, copyrights, trademarks, trade
secrets, publicity or privacy rights, (ii) violates any local, state, national, or regional laws of the United States or any
other jurisdiction, (iii) is unlawful, obscene, derogatory, threatening, harassing, hateful, racist, defamatory or
otherwise objectionable, (iv) uses a false email address, impersonates any person or entity or is otherwise
misleading as to its origin, or (v) contains viruses or corrupted files that may adversely affect the Content or the
operation of the Sterling Seal Properties. We reserve the right to remove or edit any User Content and to
terminate or suspend your account at any time and without notice.
Your Grant of a License and Other Rights to User Content You Submit.
By submitting User Content to us, you grant to us a non-exclusive, royalty-free, sub-licensable, perpetual, fullypaid, worldwide license (i) to use, reproduce, modify, publish, perform, create derivative works from, distribute
and display such User Content in any media, and you hereby waive all “moral rights” with respect to our use of
that User Content, and (ii) to use the names, images and likenesses that you submit to us in connection with that
User Content. If and to the extent User Content that you submit to us contains ideas, suggestions, documents or
proposals relating to us and our business (“Suggestions”), you acknowledge and agree as follows: (i) your
Suggestions do not contain confidential or proprietary information; (ii) we are not obligated to keep your
Suggestions confidential and we may use or disclose them in any media worldwide; (iii) we receive submissions
from many parties that are similar to the Suggestions, or we may have ideas, concepts or processes similar to the
Suggestions already under consideration or in development; (iv) your Suggestions shall be deemed the property of
Sterling Seal, which we will be free (but not required) to evaluate, develop and exploit at our discretion, without
any obligation to compensate you or to credit you, and without any other obligation to you; and (v) you hereby
assign all right, title and interest in the Suggestions, and any inventions, works, or other subject matter or rights
contained in them, to Sterling Seal.
Consent to Electronic Communication
When you use the Sterling Seal Properties to purchase products, request information or otherwise solicit an
electronic communication from us, or to send emails, text messages or other electronic communications to us for
any of these purposes, you consent to receive electronic communications from us in response. You may withdraw
your consent to receive electronic communications from us at any time. We may communicate electronically with
you in a variety of ways, including by email, text message, in-app push notices, posting notices and messages on
the Sterling Seal Properties or by other means. You agree that all notices, disclosures, agreements, and other
communications that we provide to you electronically satisfy any legal requirement that those communications be
in writing. You agree that we may preserve any communication by you to us through any of the Sterling Seal
Properties and that we may disclose the data contained in any communication from you if we are required to do so
by law or if we determine that preserving or disclosing that data is necessary to (i) comply with legal process, (ii)
enforce the Terms and Conditions, (iii) respond to claims that the data you submitted violates the rights of others,
or (iv) protect the rights, property or personal safety of Sterling Seal, our employees, users of the Sterling Seal
Properties or the public.
Links and Other Third-Party Applications
No Endorsement by Us of Third-Party Websites. The existence on third-party websites or applications of hypertext
links to any of the Sterling Seal Properties does not imply or signify any relationship, endorsement or other
connection between Sterling Seal and the owner or operator of the website or application containing the links.
Sterling Seal is not responsible for inaccuracies in information or for any representations and express or implied
warranties, including those of fitness for purpose or merchantability, which may be contained on or implied from
any third-party websites or applications containing hyperlinks to sterlingseal.com. Sterling Seal does not authorize
any other parties to make representations or warranties on our behalf.
Limited Permission to Link to Our Homepage.
You may link to the homepage of sterlingseal.com only if (i) the link or the manner of linking does not damage or
take advantage of our reputation, (ii) you do not by such linkage suggest that we approve, endorse or are in any
other way associated with your activities, products, or services, and (iii) you immediately remove any links to
sterlingseal.com at our request.
Disclaimers Relating to Third-Party Applications Included by Us.
The Sterling Seal Properties may include third-party technology, software, applications and links to other websites
and resources provided by third parties. Any such links are provided for your convenience only. We do not have
any control over the content of those third-party websites or resources. You therefore acknowledge and agree as
follows: (i) we are not responsible for the practices or policies of third parties or for any loss or damage that may
arise from your use of any third-party technology, services, software or applications or any linked third-party
website or resource; and (ii) if you use any third-party technology, services or software or access any website or
resource linked to the Sterling Seal Properties, you do so at your own risk and subject to the terms and conditions
of use of any such third-party technologies, websites or resources.
Disclaimer of Warranties Relating to Use
THE STERLING SEAL PROPERTIES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF
THEM IS AT YOUR OWN RISK. ACCORDINGLY, THE STERLING SEAL PROPERTIES AND ALL CONTENT PROVIDED
THEREIN ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND NO WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, ARE MADE WITH RESPECT TO THE STERLING SEAL PROPERTIES OR ANY CONTENT OR TECHNOLOGY
INCLUDED IN THEM, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ACCURACY, COMPLETENESS, QUALITY, SUITABILITY, TITLE AND FITNESS
FOR A PARTICULAR PURPOSE, AND (ii) WARRANTIES THAT THE STERLING SEAL PROPERTIES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU THEREFORE ACKNOWLEDGE AND AGREE THAT YOU ARE
SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA AND/OR EQUIPMENT IN
CONNECTION WITH YOUR USE OF THE STERLING SEAL PROPERTIES. YOU SHALL HOLD STERLING SEAL HARMLESS
FROM AND YOU SHALL NOT SUE STERLING SEAL FOR ANY CLAIMS BASED ON YOUR USE OF OR INABILITY TO USE
THE STERLING SEAL PROPERTIES OR THE CONTENT.
Limitation of Liability Relating to Use
TO THE FULLEST EXTENT PERMITTED BY LAW, STERLING SEAL AND ITS EMPLOYEES, AGENTS, OFFICERS OR
DIRECTORS WILL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT OR UNDER ANY OTHER LEGAL THEORY FOR
DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES FOR LOST PROFITS, GOODWILL, LOSS OF DATA OR ANY OTHER LOSSES ARISING FROM
YOUR USE OF OR INABILITY TO USE THE STERLING SEAL PROPERTIES OR THE CONTENT, OR FOR YOUR RELIANCE
ON THE CONTENT IN THE STERLING SEAL PROPERTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES
Indemnification Relating to Use
As a condition to your use of the Sterling Seal Properties, to the fullest extent permitted by law, you agree to
defend, indemnify and hold harmless Sterling Seal and its respective officers, directors, employees, agents,
contractors, vendors and suppliers from and against any liabilities, losses, damages, costs and other expenses
(including court costs and reasonable attorneys’ fees) arising or resulting directly or indirectly out of (i) any breach
by you of the Terms and Conditions, (ii) your use of the Sterling Seal Properties, (iii) User Content submitted by
you, and (iv) your use of the images or drawing specifications.
Limitations on International Users
Export Control Laws. Certain Content that may be downloaded by you or is otherwise made available on the
Sterling Seal Properties may be subject to United States export control laws. These laws prohibit the export of
certain information, software and other technology to certain restricted localities, persons, and entities. You agree
and acknowledge that no Content, software, or other technology may be used, downloaded or exported from the
Sterling Seal Properties (i) in or into any country against which the United States maintains a trade embargo, (ii) by
or to a person or entity designated on the U.S. Treasury Department’s List of Specially Designated Nationals or the
U.S. Commerce Department’s Denied Persons List or Entity List, or (iii) otherwise in violation of any applicable
United States export control law.
Compliance with Laws of Other Countries. Sterling Seal operates the Sterling Seal Properties from the United
States and does not warrant or represent that they are appropriate for use in or otherwise comply with the laws of
any jurisdiction outside the United States. You acknowledge and agree that you are solely responsible for ensuring
that your use of the Sterling Seal Properties is lawful in any jurisdiction in which you use them.
TERMS AND CONDITIONS OF SALE
Prices and Payment Terms
Published prices do not include taxes, duties, brokerage, or shipping costs, and they may be changed without
notice. All payments must be in U.S. Dollars. Open accounts may be available on terms approved by us. Payment
terms on open accounts are either net 10 days or net 30 days, less Advanced payment is requested. Visa,
MasterCard and American Express will generally be accepted for orders, but credit card arrangements are subject
to change. All quotes are valid for 30 a period of 30 days; prices are otherwise subject to change without notice.
Prices are based on the quantity quoted and may be subject to change if a different quantity is ordered.
Possession of our price list does not necessarily entitle the holder to the price shown. Minimum invoice is $5.00
USD per line, $15 USD total invoice.
Right to Correct, Reject or Cancel Orders
We reserve the right to correct typographic errors and reject or cancel orders because applicable law prevents the
sale of the Products in your area or for any other reason. All orders are subject to acceptance by Sterling Seal. We
reserve the right to cancel any order without advance notice. Purchaser may cancel an order at any time prior to
shipment, but will be invoiced for any costs incurred prior to cancellation notice, including but not limited to labor,
tooling, or parts costs.
Shortage/Overage
All orders are subject to a quantity tolerance of +/- 1%. If the quantity received is less than the quantity billed,
please contact us for a billing adjustment.
Other Charges
In addition to the published price, we may charge you for shipping, freight, taxes and all other expenses that we
incur in connection with the shipping of your order.
Taxes and Governmental Charges
You are responsible for all applicable national, state, provincial and local sales and use taxes, value added taxes,
duties, tariffs, and other governmental fees which may be imposed in connection with your purchase of Products
from us. When we collect taxes and other governmental fees from you, the amount collected will be stated
separately on the invoice. If you are claiming an exemption from sales tax, you are responsible for providing a valid
sales tax exemption certificate and you agree that you will not claim a sales tax exemption for purchases that do
not qualify as exempt. If your claim of exemption for any purchase is deemed invalid by the taxing jurisdiction, you
will upon request reimburse us for any and all taxes which we are required to pay on that purchase. If any Product
which you purchase for resale is subsequently used by you, you will pay the use tax directly to the taxing authority,
if required by law, or to us if we are required to pay it. For more information, please see www.sterlingseal.com/tax
or contact the appropriate revenue department in your State.
Quebec Customers. For purposes of the Quebec sales tax (QST), if you are located in Quebec, Canada, each time
you purchase Products from us you represent and warrant to us that you are not an individual consumer
purchasing the Products for your own or any other individual‘s personal consumption, use or enjoyment.
Australia and New Zealand Customers. For purposes of Australia‘s and New Zealand‘s goods and services tax (GST),
if you are located in Australia or New Zealand, each time you purchase Products from us you are certifying that (i)
you have a current national Business Number and GST registration in the country to which the Products are being
shipped, and (ii) you are acquiring the Products from us only for the purpose of using them in the course of
running your enterprise in the country to which the Products are being shipped.
Delivery, Title and Risk of Loss
Delivery. Delivery occurs at Sterling Seal’s distribution centers when the Product is tendered to the carrier or is
picked up by the customer, except for those sales into Canada as to which we agree to act as importer of record in
the documentation you receive from us relating to your purchase of Products. With respect to sales into Canada as
to which we agree to act as importer of record in the documentation you receive from us relating to your purchase
of Products, the place of delivery is the destination in Canada to which we have prepaid the shipping charges.
Title and Risk of Loss.
Title and risk of loss pass to the customer at Sterling Seal’s distribution centers when the Product is tendered to
the carrier or is picked up by the customer. For sales as to which we have agreed in the documentation you receive
from us relating to your purchase of Products to prepay the shipping charges, we may elect at our sole option to
replace or refund the purchase price of a Product damaged in transit.
Claims
All claims or shortages must be declared within 10 days after receipt of Product, unless otherwise excepted by
Sterling Seal Products are warranted against defects in workmanship and materials. Products having such defects
will be replaced or credited as Sterling Seal elects. Defective Product must be returned within 30 days of claim.
Liability is limited to the invoice value of the defective item. No allowance will be made for repairs performed by
the purchaser or end user.
Product Returns
To return an unused Product within 10 days after receipt of Product. Send Product to the Sterling Seal 7 Supply
New Jersey Distribution Center (www.sterlingseal.com/contact) To exchange a Product, return it to us and place a
new order. No return authorization is required. We do not take title to returned Products until the Product arrives
at our facility. You will be given credit upon our receipt of the returned Product. We reserve the right to reject
returns of Products used or damaged by the customer or designated as non-cancellable or non-returnable.
Limited Product Warranty
Suppliers Products we sell, our only warranty or other obligation and your only remedy against us with respect to
our Products is for us to replace any Product which is defective in material or workmanship when sold and which
you return to us. ALL OTHER WARRANTIES AND REMEDIES WITH RESPECT TO THE PRODUCTS WE SELL, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
PURPOSE, ARE DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED
WARRANTIES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL
RIGHTS. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT IN ALL JURISDICTIONS WE DISCLAIM IMPLIED
WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability and Remedies Concerning Products
TO THE FULLEST EXTENT PERMITTED BY LAW, STERLING SEAL & SUPPLY, INC AND ITS EMPLOYEES, AGENTS,
OFFICERS OR DIRECTORS WILL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSSES (OTHER THAN THE COST OF THE PRODUCT
OR ITS REPLACEMENT OR REPAIR) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF YOUR PURCHASE OF ANY
PRODUCT FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ANY LIABILITY FOR CLAIMS ARISING OUT OF THE MISUSE,
IMPROPER SELECTION, FAULTY REPAIR, OR IMPROPER MODIFICATION OF A PRODUCT. TO THE FULLEST EXTENT
PERMITTED BY LAW, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIMS RELATED TO
THE PRODUCTS WE SELL IS THE RIGHT TO RETURN THE PRODUCTS AND OBTAIN AT OUR OPTION A REFUND OF THE
PURCHASE PRICE OR REPLACEMENT OF THE PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY,
TORT OR OTHERWISE) SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT GIVES RISE TO THE
CLAIM. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR ACTION BROUGHT AGAINST US ARISING OUT
OF ANY PRODUCT WE SELL TO YOU MUST BE BROUGHT WITHIN ONE YEAR AFTER THE PRODUCT HAS BEEN
DELIVERED TO YOU.
Limits on Use of and Reliance on Information We Make Available to You
Warnings, Information, and Instructions. We do not manufacture any of the Products we sell. We rely entirely on
our suppliers to provide all necessary warnings, instructions, chemical content and other information regarding the
purchase, installation, use, handling, storage, resale, transportation, and disposal of or relating to the Products. WE
MAKE NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) CONCERNING AND, TO THE FULLEST EXTENT
PERMITTED BY LAW, WE HAVE NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF, OR LACK OF, ANY
WARNINGS, INFORMATION OR INSTRUCTIONS PROVIDED BY OUR SUPPLIERS.
Country of origin determinations are made by our suppliers and not independently verified by Sterling Seal. Our
suppliers use varying industry standard methodologies for determining origin, including substantial
transformation, wholly originating, and cost of components, which may not match the methodology required for
your application. Some of these origin methodologies allow for some processing and/or content in countries other
than the one we list.
Safety Data Sheets. Safety Data Sheets (SDS) for certain Products are available to you online at
www.sterlingseal.com or by contacting us by one of the methods described at www.sterlingseal.com/contact. Any
SDS we make available to you has been prepared and provided to us by the manufacturer or the supplier of the
Product. WE MAKE NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) CONCERNING AND, TO THE
FULLEST EXTENT PERMITTED BY LAW, WE HAVE NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE
INFORMATION PROVIDED IN AN SDS.
Your Responsibilities to Us
Assumption of Risk for Product Information. Sterling Seal is a reseller of Products manufactured by others, unless
specified otherwise. Information about the Products in the Sterling Seal Properties is provided by or is dependent
upon information provided by our suppliers (“Product Information”). WE MAKE NO REPRESENTATION OR
WARRANTY (EXPRESS OR IMPLIED) CONCERNING AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE HAVE NO
LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE PRODUCT INFORMATION. You assume the risk that the
Product Information may be incomplete, inaccurate, or out of date. We may add, change, discontinue, remove, or
suspend any of the Product Information or other information included in the Content at any time, without notice
or liability. We reserve the right to correct any publishing errors in the Content, including pricing errors.
Assumption of Risk for Product Information. Sterling Seal is a reseller of Products manufactured by others, unless
specified otherwise. Information about the Products in the Sterling Seal Properties is provided by or is dependent
upon information provided by our suppliers (“Product Information”). WE MAKE NO REPRESENTATION OR
WARRANTY (EXPRESS OR IMPLIED) CONCERNING AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE HAVE NO
LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE PRODUCT INFORMATION. You assume the risk that the
Product Information may be incomplete, inaccurate, or out of date. We may add, change, discontinue, remove, or
suspend any of the Product Information or other information included in the Content at any time, without notice
or liability. We reserve the right to correct any publishing errors in the Content, including pricing errors.
Your Representations and Warranties. You are responsible for familiarizing yourself with all other available
information about the Products prior to your purchase and use of them to determine their suitability for and any
limitations on your intended use. In connection with any purchase of Products from us, you warrant, represent,
acknowledge and agree as follows: (i) the purchase, installation, use, handling, storage, resale, transportation,
disposal, export or import of the Products by you and any third-party to whom you resell them is and will be in
compliance with all applicable laws and regulations and will conform to generally recognized industry and
professional standards; (ii) you and any third party to whom you resell the Products are or will be knowledgeable
concerning the laws and other practices relating to the safe and lawful purchase, installation, use, resale, handling,
storage, transportation, and disposal of the Products; (iii) you have used your own skill and judgment in selecting
and you are solely responsible for the determination and selection of suitable Products for your contemplated use
and the use contemplated by any third party to whom you resell the products; (iv) you are at least 18 years of age,
and have the legal right and are authorized to purchase the Products; (v) you understand any and all hazards
associated with the storage, use, handling and transportation of the Products; (vi) you are solely responsible for
protecting and/or warning all parties who may be exposed to those hazards as a result of your use or resale of the
Products; and (vii) if you are located in California, when you use our printed catalog to purchase Products, the
Products are being purchased only for professional or commercial use, and not for personal or household use.
Your Indemnification of Us. Your purchase, use and resale of the Products is at your own risk. To the fullest extent
permitted by law, except to the extent caused by our negligence or willful misconduct, you agree to defend,
indemnify and hold harmless Sterling Seal and its respective officers, directors, employees, agents, contractors,
vendors and suppliers from and against any liabilities, losses, damages, costs and other expenses (including court
costs and reasonable attorneys’ fees) arising or resulting (directly or indirectly) out of your (i) breach of any of the
Terms and Conditions, (ii) negligence, misuse or other wrongful conduct related to a Product, or (iii) violation of
any applicable law related to any Product. To the extent they are inconsistent with the U.S. federal Anti-Deficiency
Act, the indemnification provisions in the Terms and Conditions will not apply to any sale made by us to a U.S.
federal government agency to which the Anti-Deficiency Act applies.
Government Procurement
Items sold by us may not meet certain government procurement requirements (such as those imposed by the Buy
American Act). If you require other information or have other special needs, please contact us.
Electronic Commerce / EDI
If you purchase Products through our website, or by email, facsimile or an electronic data interchange or EDI
system (collectively, “e-commerce”), you agree that (i) any contract of sale resulting from an e-commerce
transaction is legally binding and enforceable, notwithstanding the provisions of any law relating to whether
agreements must be in writing or signed by the parties to be bound thereby; and (ii) copies of our e-commerce
records are admissible in any legal proceeding under the business records exception to the hearsay rule, the best
evidence rule or any other rule of evidence, notwithstanding that such records were not originated or maintained
in documentary form. As provided in the Uniform Commercial Code, we adopt as our signature on e-commerce
communications the electronic identification of Sterling Seal affixed to or contained in each electronic record
transmitted in connection with a transmission. In the event of a dispute, the business records maintained by us
regarding your e-commerce purchases with us shall be deemed to be the governing records for purposes of
establishing the terms of those purchases.
Additional Terms Applicable to the Export of Products
U.S. Export Controls. Our Products are subject to U.S. export control laws and regulations. You acknowledge and
agree that you are responsible for and shall comply with all laws, regulations, and orders of the United States
applicable to the export of Products you purchase from us. Without limiting the foregoing, you represent and
warrant as follows: (i) you are not designated on or associated with any party named on any of the restricted
parties lists published by the U.S. government, including the Denied Persons List, the Entity List, the Unverified List
of the Bureau of Industry and Security of the Department of Commerce, or the Specially Designated Nationals and
Blocked Persons List of the Office of Foreign Assets Control of the Treasury Department; (ii) you shall not engage in
the export, reexport, diversion, transfer or other disposition of any Product in violation of any laws of the United
States, including but not limited to laws administered by the Treasury Department and the Department of
Commerce pursuant to which the United States maintains trade embargoes and sanctions against certain
countries; (iii) you are purchasing the Products to be exported from the United States and imported to the
destination identified in the documentation relating to your purchase of Products in compliance with the laws of
the United States and that destination; (iv) you understand and acknowledge that a license or other authorization
may be required from the Bureau of Industry and Security, the Office of Foreign Assets Control or other U.S.
government agency before exporting or reexporting Products from the United States; (v) unless otherwise
expressly agreed by us in the documentation you receive from us relating to your purchase of Products, you are
responsible for obtaining and paying for any licenses, permits or other authorizations required for exporting or
reexporting our Products; and (vi) all other costs associated with exporting the Products shall be your
responsibility.
Your Import of Products Into a Foreign Country. We do not serve as the importer of Products into any country,
except to the extent, and then only to the extent that we agree in the documentation the customer receives from
us relating to the purchase of Products to serve as importer of record for certain sales to customers in Canada. In
all other cases, when the Products you purchase from us are imported into another country, you are solely
responsible for (i) compliance with all laws governing that country‘s importation process, (ii) obtaining and paying
for all necessary licenses, permits, customs clearances and all other authorizations, and (iii) paying all applicable
duties, tariffs and other taxes and government charges imposed by that country upon import, and any brokerage,
storage, any other fees or costs associated with the import of the Products.
Acknowledgement of Independent Contractor and Business Status. In exporting the Products from the United
States, importing them into another country, or reselling them following your purchase from us, you acknowledge
that you are an independent contractor and that you shall not hold yourself out as an agent or otherwise cause
others to believe that you are authorized to act on behalf of Sterling Seal. In addition, if you are located outside the
United States, you represent and warrant to us that the Products are being purchased only for professional or
commercial use, and not for personal or household use.
GENERALLY APPLICABLE TERMS
Jurisdiction, Choice of Law and Jury Trial Waiver
The Terms and Conditions (including the breach, termination and validity thereof), sales of our Products, use of the
Sterling Seal Properties, any personal information you submit to us and any disputes arising out of or relating to
any of the foregoing (i) shall be governed entirely by and interpreted in accordance with the laws of the State of
New Jersey and applicable U.S. federal law, without giving effect to conflict of law principles of any jurisdiction,
and (ii) shall not be governed in any manner by the United Nations Convention on Contracts for the International
Sale of Goods, which is hereby expressly excluded, or the laws of any jurisdiction outside the United States. Except
as otherwise expressly provided respecting the resolution of any controversy or claim between Sterling Seal and a
party domiciled outside the United States, you irrevocably consent to the exclusive jurisdiction of the courts
located in Neptune, New Jersey in connection with any action by or against Sterling Seal to which you are a party.
Proceedings to enforce the result of any such adjudication, however, may be brought in any applicable forum. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE BOTH KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY IN ANY
SUCH ACTION.
Resolution of International Disputes
Any controversy or claim between Sterling Seal and a party domiciled outside the United States arising out of or
relating to the Terms and Conditions, including but not limited to, the breach, termination or validity of the Terms
and Conditions, sales of our Products, use of the Sterling Seal Properties and any personal information submitted
to us shall be determined and resolved exclusively by arbitration administered by the International Centre for
Dispute Resolution in accordance with its International Arbitration Rules. In connection with any such arbitration,
the place of the arbitration shall exclusively be Neptune, New Jersey, the language of the arbitration shall be
English, and New Jersey law shall be applied to the dispute submitted to arbitration, without giving effect to any
conflict of law principles of any jurisdiction. The arbitration award shall be final and binding, and judgment on the
award may be entered and enforced in any court having jurisdiction over the parties. Except as may be required by
law or for the purposes of entering, challenging, or enforcing an arbitration award in a court having jurisdiction
over the parties and subject matter, no party or its representatives may disclose the existence, content, or results
of any arbitration hereunder, or any other matter relating to the arbitration or the award, without the prior
written consent of all parties.
Force Majeure
We are not liable for any delay in or impairment of our performance caused in whole or in part by acts of God,
labor disruptions, acts of war, terrorists, criminals, hackers or vandals, governmental decrees or controls, riots,
epidemics and quarantines, communications disruptions, power failures, accidents, explosions, fires, inability to
obtain or ship products, inability to obtain licenses or permits, shortages or inability to obtain supplies or raw
materials, severe weather, natural disasters and catastrophic events, or any other occurrence which is beyond our
reasonable control in the conduct of business.
Waiver
The failure (with or without intent) of any party to insist upon the strict performance by the other party of any
provision of the Terms and Conditions shall not be deemed to constitute a modification of, or a waiver of the right
to insist at any time thereafter upon performance strictly in accordance with, any of the provisions of the Terms
and Conditions. No waiver of any provision of the Terms and Conditions shall operate as a waiver of any other
provision of the Terms and Conditions, and no waiver of any provision of the Terms and Conditions shall operate as
a continuing waiver of that provision.
Severability
In the event that any provision of the Terms and Conditions is held illegal, invalid, or unenforceable for any reason,
that illegality, invalidity, or unenforceability shall not affect the remaining provisions of the Terms and Conditions,
in which event they shall be construed and enforced as if that illegal, invalid, or unenforceable provision had never
been inserted in them.
Assignment; No Third-Party Benefit
No benefits or duties under the Terms and Conditions may be assigned without our prior written consent, except
that a merger or consolidation of any party with another entity shall not constitute a violation of this provision.
The Terms and Conditions are intended for the sole and exclusive benefit of the parties thereto and their
respective permitted assignees thereunder. Nothing in the Terms and Conditions shall give any other person any
legal or equitable right, remedy or claim under or in respect of the matters covered in them.
Independent Relationship
Nothing provided in the Terms and Conditions shall be deemed to create any relationship between us of
employment, partnership, joint venture, agency, or representation with respect to the use of the Sterling Seal
Properties or sales of Products by us.
PRIVACY POLICY
Application of Privacy Policy
This Privacy Policy is intended to help you understand how Sterling Seal collects, uses, and safeguards the personal
and other information you provide through our website and our mobile applications. It does not apply to the use
or disclosure of personal and other information that is collected or obtained by us through other means.
CCPA Notice--Information for Customers in California
If you are an individual within the State of California, USA, the California Consumer Privacy Protection Act of 2018
(“CCPA”) may apply to the personal data that you provide us through the Sterling Seal Properties or otherwise
through your interaction with us. If so, we are required by the CCPA to provide additional information to you,
which you can find in the California Privacy Statement below.
GDPR Notice--Information for Customers in the EU and EEA
If you are an individual within the European Union (“EU”) or the European Economic Area (“EEA”), the EU General
Data Protection Regulation 2016/679 (“GDPR”) may apply to the personal data that you provide us through the
Sterling Seal Properties or otherwise through your interaction with us. If so, we are required by the GDPR to
provide additional information to you, which you can find in the GDPR Notice below.
Your Account
Your Responsibilities. To protect your account from unauthorized activity, you should keep your password
confidential and restrict access to your computer and any mobile devices through which your account may be
accessed. You are responsible for all activity on or through your account. We will not be liable for damages or loss
arising from your failure to maintain the confidentiality of your password or to adequately restrict access to your
account. You represent and warrant that all information that you provide in connection with your account is and
shall be accurate, truthful, current, and complete. We reserve the right to deny, deactivate or terminate your
account at our discretion.
Breach of Security. You accept all risk that your account may be accessed without your permission. If you discover
or suspect that the security of your account has been breached, please let us know as soon as possible.
Information We Collect and Use
Your Personal Information. When you place an order for a Product, we need to know your name, email and mailing
addresses, and your billing information so that we can fill, confirm, and ship your order, notify you of your order
status and process your payment. We may also request some of this same information from you when you ask a
question or make a comment through our website or mobile applications in order for us to respond appropriately.
For administration purposes, our website or mobile applications may collect your IP address or domain name,
referring web page, browser type, mobile device type, device operating system, device settings, geolocation data
and non-personal information about the way you use your device or this site (such as the length of time spent, or
the pages accessed while visiting this site). We may use third-party website analytics tools and embedded tracking
codes that collect information about visitor traffic on our sites and mobile applications to collect information about
you.
Disclosure of Information to Third Parties. We do not rent or sell to others any information about our customers.
We do not grant permission to third parties to collect information regarding the online activities of our website
users over time and across different websites when they visit our website. However, we may provide your
personal information to third parties who provide services on our behalf, such as the companies engaged to deliver
your order and process your payment. We also reserve the right to disclose without notice to you any information
in our possession if we believe we are required to do so by law, to protect or defend our rights or property, or to
respond to an emergency.
Use By Minors Prohibited. Our website and mobile applications are not intended for use by, and Sterling Seal does
not intend to collect personal information from individuals under 18 years of age. Individuals under 18 years of age
are directed to not use our website and mobile applications, whether to purchase Products, submit personal
information or otherwise.
Mobile User Application Permissions. When you use our mobile applications, you may grant to us certain
permissions with respect to your device. These permissions may include (i) granting us access to the camera and
photos, videos, and other media files on your device, and (ii) allowing us to send in-app push notifications to you.
Most mobile devices provide you with information about these permissions.
Mobile User Location. Our mobile applications may also collect information about the location of your mobile
device if you grant this permission.
Access and Correction.
The file containing your personal information will be held at our offices or on our servers or those of our service
providers, and employees who require it for the purposes of their duties will have access to this file. You may
obtain a copy of certain personal information we maintain about you and update or correct inaccuracies in that
information using the features of your account. If you wish to update or delete other personal information, you
can contact us by one of the methods described at www.sterlingseal.com/contact and we will endeavor to correct,
update, or remove the personal information you give us.
Security of Your Information
Sterling Seal’s Responsibility. The security of your information is important to us. While we endeavor to use
reasonable efforts to safeguard the confidentiality of your information, the Internet and other e-commerce
channels are not totally secure. Due to the possibility of transmission errors, hacking or other unauthorized thirdparty activities, we cannot guarantee that personal data transmitted to our website and mobile applications will
remain secure. If we become aware of a security breach involving any such data, Sterling Seal will make all legally
required disclosures consistent with our ability to determine the scope of the breach, our need to restore the
integrity of the system and the needs of law enforcement.
Credit Card Information
Whenever we transmit your credit card information over the Internet, we use industry standard encryption for all
pages containing private information pertaining to your shipments. Your full credit card number is never displayed
when you use our website or mobile applications. When you use a saved credit card, we only include the last four
digits of the credit card number on the order page so that you can tell which credit card you used.
Cookies
What are Cookies? A cookie is a small text file that our website places on your computer or mobile device. Your
browser provides the cookie to us each time you return to our website. Cookies help us to identify you and to
provide you with information that is relevant to you when you return to our site. Cookies also help us understand
how our site is being used so that we can make it more effective for our users.
Types of Cookies We Use. We use only "Strictly Necessary", "Performance", and "Functionality" cookies on our site.
These cookies are described below.
Strictly Necessary Cookies. These cookies are essential to the use of our site, as they enable you to move around
the site and use its features, such as accessing logged in or secure areas.
Performance Cookies. These cookies collect information about how you have used the site, for example,
information related to the unique username you have provided, so that less strain is placed on our backend
infrastructure. These cookies may also be used to allow us to know that you have logged in so that we can provide
you with different content than that provided to a new user. We also use this type of cookie to track aggregate
usage of our site. The information collected is used to improve how the site works.
Functionality Cookies. These cookies allow us to remember how you logged in, when you logged in or out, and the
history of your activity on our site. These cookies also allow us to tailor the service to provide enhanced features
and content for you. The information collected by these cookies may be anonymous, and they are not used to
track your browsing activity on other sites or for other services.
First and Third-Party Cookies. First-party cookies are cookies that belong to us, third-party cookies are cookies that
another party places on your device through our site. Third-party cookies may be placed on your device by
someone providing a service for us, for example to help us understand how our service is being used.
Duration of Cookies on your Device. The length of time a cookie will stay on your computer or mobile device
depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you
stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
Managing and Deleting Cookies. By using our website, you consent to our use of cookies. You can withdraw your
consent to our placement of cookies on your device by contacting us by one of the methods described at
www.sterlingseal.com/contact. Additionally, you can delete cookies from your device or control the types of
cookies you receive using the settings functions on your browser by following the instructions at
http://www.allaboutcookies.org/manage-cookies/clear-cookies-installed.html. Note that if you set your browser
to disable cookies, you may not be able to access certain parts of our service and other parts of our service may
not work properly. More information about cookie settings is available at third-party information sites, such as
www.allaboutcookies.org.
“Do Not Track” Signals
Our website is not configured to respond, and it does not respond to “do not track” signals.
Disclaimers Relating to Privacy Laws Outside the United States
The Sterling Seal Properties are operated by Sterling Seal from our offices in the United States. Information that
you submit to us from outside the United States through the Sterling Seal Properties will be transmitted to the
United States (including to our service providers located in the United States), which may have privacy laws that
are less protective than the privacy laws of the jurisdiction in which you reside. By using our website and other
Sterling Seal Properties, you consent to this transfer. We make no representation that our website or mobile
application is appropriate or available for use in locations outside the United States.
Changes in Privacy Policy
We reserve the right to change the Privacy Policy at any time by providing notice to you. We will notify you of
changes to the Privacy Policy by one or more of the following: (i) providing you with an electronic notification
through our website, by email or other means of electronic communication or through any of our e-commerce or
mobile applications, or (ii) making a revision to the Privacy Policy and changing the Terms and Conditions Version
Date appearing below. By clicking the “I agree” button in connection with an electronic notification of a change, by
using any of the Sterling Seal Properties or by purchasing a Product from us after the new version date, you signify
your acceptance of the revised Privacy Policy.
California Privacy Statement
Effective: December 30th, 2020
Last updated: December 30th, 2020
This California Privacy Statement only applies if information you submit to us is within the scope of the CCPA,
which may be the case where we receive personal data from individuals in the State of California, USA. The terms
of our Privacy Policy continue to apply. In the event of any conflict between this California Privacy Statement and
our Privacy Policy, this California Privacy Statement shall prevail.
Personal Information We Collect
We collect the following categories of personal information from consumers:
- Personal identifiers including your name, address, telephone number, job title, employer, payment information
and other personal information under the California customer records law
- Commercial information including records of products or services purchased, obtained, or considered, or other
purchasing or consuming histories or tendencies.
- Internet and similar network activity including IP address, browsing history, search history, geolocation data
based on network activity, information on a consumer's interaction with a website, application, or advertisement.
- Sensory data in the form of audio recordings of phone calls made to us.
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from our customers. For example, from information that our customers provide to us related to the
orders for products which they purchase from us or in connection with establishing an account with us.
- Directly and indirectly from activity on our website (www.sterlingseal.com) or mobile applications. For example,
from submissions through our website portal or website usage details collected automatically.
- From third-party website analytics tools and embedded tracking codes that collect information about visitor
traffic on our website and mobile applications.
Purposes for Use of Personal Information
We use or disclose the personal information we collect for one or more of the following business purposes:
- providing our products and services to you or the business you represent (for example, if you provide us with
personal information in order to place an order with us, we will use that information to process your payment,
complete the sale and ship the product to you),
- maintaining our business relationship and/or providing ongoing support, where you or the business you
represent are a user of the Sterling Seal Properties or a customer or you otherwise engage with us for business
purposes,
- informing you about our products and services and responding to your comments or requests for information,
- sending paper catalogs to you or the business you represent,
- enforcing any contracts that we enter into with you or the business you represent, or defending claims arising
from such contracts;
- optimizing the Sterling Seal Properties and customer experience,
- where necessary to protect the rights, property or safety of us or other users or customers,
- where we are obligated, or permitted, to do so by applicable law, regulation, or legal process, including disclosure
to customs or other governmental authorities, or
- as described to you when collecting your personal information.
Sharing of Personal Information for a Business Purpose
In the preceding twelve (12) months, we have disclosed personal identifiers, personal information covered under
the California customer records disposal law, and commercial information to
- service providers engaged by us to provide services, such as delivery and logistics companies, payment
processors, and website hosts and other IT infrastructure providers, and
- third parties to whom you authorize us to disclose your personal information in connection with products we
provide to you.
Sale of Personal Information
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
This section describes the specific CCPA rights afforded to California residents and explains how to exercise those
rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your
personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- the categories of personal information we collected about you,
- the categories of sources for the personal information we collected about you,
- our business or commercial purpose for collecting or selling that personal information
- the categories of third parties with whom we share that personal information
- the specific pieces of personal information we collected about you (also called a data portability request)
- if we sold your personal information, a list identifying the personal information categories that each category of
recipient purchased, and
- if we disclosed your personal information for a business purpose, a list identifying the personal information
categories disclosed.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and
retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will
delete (and direct our service providers to delete) your personal information from our records, unless an exception
applies.
We may deny your deletion request pursuant to certain exceptions provided in the CCPA, including to take actions
reasonably anticipated within the context of our ongoing business relationship with you, to comply with legal
obligations, or to make other internal and lawful uses of your person information that are compatible with the
context in which you provided it. The response we provide will explain the reason for denying your request.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer
request to us by either:
- calling us at 800-631-5580, or
- visiting sterlingseal.com/contact.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may
make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
The verifiable consumer request must:
- provide sufficient information that allows us to reasonably verify you are either the person about whom we
collected personal information or an authorized representative of that person, and
- describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it
We cannot respond to your request or provide you with personal information if we cannot verify your identity or
authority to make the request and confirm that the personal information relates to you. Making a verifiable
consumer request does not require you to create an account with us.
Response Timing and Format
We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time
(we may take up to 45 additional days), we will inform you of the reason and extension period in writing. If you
have an account with us, we will deliver our written response to that account. If you do not have an account with
us, we will deliver our written response by mail or electronically, at your option. The response we provide will also
explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a
format to provide your personal information that is readily useable and should allow you to transmit the
information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive,
or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that
decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, your
exercise of your CCPA rights will not result in us:
- denying you goods or services
- charging you different prices or rates for goods or services, including through granting discounts or other
benefits, or imposing penalties,
- providing you a different level or quality of goods or services, or
- suggesting that you may receive a different price or rate for goods or services or a different level or quality of
goods or services.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this
privacy notice, we will notify you by one or more of the following: (i) providing you with an electronic notification
through our website, by e-mail or other means of electronic communication or through any of our e-commerce or
mobile applications, or (ii) making a revision to the privacy notice and changing the effective date shown above.
Contact Information
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and
use your personal information, or your choices and rights regarding such use, or if you wish to exercise your rights
under California law, please do not hesitate to contact us at:
Phone (toll free): 800-631-5580
Website: sterlingseal.com/contact
GDPR Notice
This GDPR Notice only applies if information you submit to us is within the scope of the GDPR, which may be the
case where we receive personal data from individuals in the context of orders originating in the European Union
(“EU”) or the European Economic Area (“EEA”). The terms of our Privacy Policy continue to apply. In the event of
any conflict between this GDPR Notice and our Privacy Policy, this GDPR Notice shall prevail.
1) Controller. For the purposes of this GDPR Notice, the controller of personal data is Sterling Seal & Supply, Inc.
and the contact details for the controller are available at www.sterlingseal.com/contact.
2) How We Use Your Personal Information. Sterling Seal & Supply, Inc. is a U.S. company. When you submit your
information to us through the Sterling Seal Properties or otherwise through your interaction with us, your personal
data will be transferred to our servers in the U.S. We will hold, use, and disclose your personal data for the
following primary purposes:
a) providing our products and services to you or the business you represent;
b) maintaining our business relationship and/or providing ongoing support, where you or the business you
represent are a user of the Sterling Seal Properties or a customer or you otherwise engage with us for business
purposes;
c) responding to your comments or requests for information;
d) sending paper catalogs to you or the business you represent; and
e) enforcing any contracts that we enter into with you or the business you represent, or defending claims arising
from such contracts.
We do not engage in e-mail marketing, and we would ask for your consent before doing so. However, we may
contact you about your account or your transactions with us, or the account of the business you represent or the
transactions with us of the business you represent.
3) The Legal Bases for Processing Your Personal Data. Under the GDPR, we rely upon the following grounds to
process personal data the users the Sterling Seal Properties and our customers:
a) Necessary for entering into, or performing a contract – To perform obligations that we undertake in providing
products or services to you or the business you represent, or to take steps at your request to enter into a contract
with us, it will be necessary for us to process your personal data. Without this information, we may not be able to
provide our products and services to you.
b) Necessary for compliance with a legal obligation – We are subject to certain legal requirements that may require
us to process your personal data. We may also be obligated by law to disclose your personal data to a regulatory
body or law enforcement agency.
c) Necessary for the purposes of legitimate interests – Either we, or a third party, will need to process your
personal data for the purposes of our (or a third party's) legitimate interests, provided we have established that
those interests are not overridden by your rights and freedoms, including your right to have your personal data
protected. Our legitimate interests include responding to requests and inquiries from you or a third party,
optimizing the Sterling Seal Properties and customer experience, informing you about our products and services,
meeting your need for products (including servicing orders) and ensuring that our operations are conducted in an
appropriate and efficient manner.
d) Consent – In some circumstances, we may ask for your consent to process your personal data in a particular
way, including with respect to the international transfers described in Section 5 below.
4) How We Share Your Personal Data. We may disclose your personal data to other parties in the following
circumstances:
a) where we have retained trusted third parties to provide services, such as delivery and logistics companies,
payment processors, and website hosts and other IT infrastructure providers;
b) where necessary to protect the rights, property or safety of us or other users or customers;
c) where we are obligated, or permitted, to do so by applicable law, regulation, or legal process, including
disclosure to customs or other governmental authorities; or
c) where we are obligated, or permitted, to do so by applicable law, regulation, or legal process, including
disclosure to customs or other governmental authorities; or
5) We do not sell or license your personal data to third parties for their marketing or other commercial purposes.
6) Consent to Transfer. All data that you provide to us in connection with an order for goods (and any future
orders) or while using the Sterling Seal Properties will be maintained by us on our servers in the United States. It
may also be transferred by us to other parties within the United States or elsewhere (which may include countries
outside of the EU and EEA), such as transportation companies, freight forwarders, and payment processors, in
order to complete the order. By using the Sterling Seal Properties, you consent to any such transfer of the data you
provide, and you agree that you are fully aware of the risks involved (as noted in our Privacy Policy), including that
laws of the U.S. and, to the extent that they are involved, laws of countries outside of the EU and EEA, do not have
the same level of data protection as the laws in the EU and EEA. However, we ensure that your personal data is
retained in a secure manner and in compliance with the GDPR.
7) How Long We Will Hold Your Information. We will retain your personal data for the time necessary to perform
our obligations to you, or for a longer period if there are other purposes for which your personal data was
collected or where we have other legitimate and compelling business reasons for retaining that information. For
example, once a transaction has been completed, we will generally retain the contact details of a customer on our
systems indefinitely for the purposes of handling after-sales queries, communicating important product
information, and providing better service to you in the future, or for other legitimate and compelling business
reasons.
8) Your Rights on Information We Hold About You. You have certain rights in relation to personal data we hold
about you. Details of these rights are set out below and you can exercise them by contacting us by one of the
methods described at www.sterlingseal.com/contact. We will require evidence of your identity before we are able
to act on your request.
a) Right of Access. You have the right at any time to ask us for a copy of the personal data about you that we hold,
free of charge. Where we have good reason, and if the GDPR permits, we can refuse your request for a copy of
your personal data, or certain elements of the request.
b) Right of Correction or Completion. If personal data we hold about you is not accurate or is out of date and
requires amendment or correction, you have a right to have the data amended or rectified and to have incomplete
data completed.
c) Right of Erasure. In certain circumstances, you have the right to request erasure of personal data that we hold
about you, such as where the information is no longer necessary for the purposes for which it was collected or
processed or where our processing of the information is based on your consent and there are no other legal
grounds on which we may process or retain the information.
d) Right to Object to Processing. In certain circumstances, you have the right to object to our processing of your
personal data. Those circumstances include where we are processing your data on the basis of our legitimate
interests and there are no compelling legitimate grounds for our processing which override your rights and
interests. You also have the right to object to use of your personal data for direct marketing purposes.
e) Right to Restrict Processing. In certain circumstances, you may have the right to restrict our use of your personal
data, such as where you have challenged the accuracy of the information and during the period where we are
verifying its accuracy.
f) Right of Data Portability. In certain instances, you have a right to receive any personal data that we hold about
you in a structured, commonly used, and machine-readable format. You can ask us to transmit that information to
you or directly to a third-party organization. This right exists only with respect to personal data that you have
previously provided to us and which is processed by us using automated means. While we will endeavor to satisfy
your request as to a particular data format, we are not able to guarantee technical compatibility with a third-party
organization's systems. We are also unable to comply with requests that relate to personal data of others without
their consent.
You can exercise any of the above rights by contacting us by one of the methods described at
www.sterlingseal.com/contact. Most of the above rights are subject to limitations and exceptions. We will provide
reasons if we are unable to comply with any request for the exercise of your rights. In addition to the rights
described above, you are entitled to lodge a complaint about our processing of your personal data with the
relevant supervisory authority. See link for details: https://edpb.europa.eu/about-edpb/board/members_en
9) Cookies You have certain rights in relation to personal data we hold about you. Details of these rights are set out
below and you can exercise them by contacting us by one of the methods described at
www.sterlingseal.com/contact. We will require evidence of your identity before we are able to act on your
request.
a) What are Cookies? Our website uses small text files called cookies that help us identify you on return visits and
provide information that is relevant to you. A cookie is a small file that a website stores on a visitor's device or
computer, and that the visitor's browser provides to the website each time the visitor returns. These files also help
us understand how our website is being used so that we can make it more effective for our users.
b) Learn more about our use of cookies. You can read more about the cookies we use, why we use them and how
you can control and delete them in our Privacy Policy above.
10) Consent If we are processing your personal data based on your consent, you have the right to withdraw your
consent at any time. You can do this by contacting us by one of the methods described at
www.sterlingseal.com/contact.
11) Contact If you have any questions or if you would like to contact us about our processing of your personal data,
including to exercise your rights as outlined above, please contact us by one of the methods described at
www.sterlingseal.com/contact.