Our Terms and Conditions
Terms and Conditions ("Terms")
Last updated: May 20, 2020
By accessing, browsing, interacting with, or otherwise using this Website, you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations.
If you do not agree to all these Terms, you may not access, browse, or otherwise use this Site (the “Website”) located at the URL: https://siriusdesigngroup.com as ("Sirius Design Group LLC") and its entirety. The term (“Sirius Design Group LLC”) or ‘us’ or ‘we’ refers to the owner or owners of the Website. The term ‘you’ refers to the user or viewer of the website.
Ownership of Content
All material on this Website is owned or licensed by us unless otherwise specified. This material includes without limitation the design, layout, videos, text, interfaces, computer code, appearance, photographs, trademarks, logos, and graphics on the Website (the “Website Material”). Reproduction of the Website Material is prohibited except with our written consent or in accordance with the law.
Content Solely for General Information and Educational Purposes
The information contained in this Website is for general information and educational purposes only. The information is provided by Sirius Design Group LLC and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purposes. Use of the material or the Website(s) and/or any associated Services does not constitute business, financial, or legal decision making. It is the sole responsibility of the User to consult the appropriate advisor prior to any decisions.
Risk of Use
Your use of any information or educational material on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Website meet your specific requirements. Any reliance you place on such information is strictly at your own risk. Earnings and traffic may decline due to Google updates, increased competition, mismanagement and neglect by the buyer, and other factors. Beyond reasonable doubt, Sirius Design Group LLC makes no guarantees written or implied of the future performance of any website or service used in conjunction with this Website. None of the Website Material is to be taken as a promise or guarantee of any particular results or returns. We advise you to seek professional advice for your intended purpose including but not limited to legal, tax, and/or business advice prior to investing with Sirius Design Group LLC.
Every effort is made to keep the Website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control. We are not responsible for any loss or damage, including without limitation loss or damage arising from the loss of data or profits in connection with the use of this Website. It is our right to make this Website unavailable from time to time, solely at our discretion, and we will not be liable for any loss or damage relating to such unavailability.
No Warranties nor Representations
This Website is made available to you on an “as is” basis. We expressly deny all and any warranties and representations, express and implied, regarding this Website and the Services. For greater certainty, all sales and purchase transactions through us or our affiliates are final. Earnings and traffic may decline due to Google updates, increased competition, click-fraud/invalid activity, mismanagement and neglect by the buyer, and other factors. Sirius Design Group LLC makes no guarantees written or implied of the future performance of any website or service. Beyond reasonable doubt, we do not represent nor warrant that the use of this Website or the Services will satisfy your purposes nor that use of this Website nor the Services will be uninterrupted or free of inaccuracies. Past results of any individual website businesses published by the Website are not indicative of future returns by that website and are not indicative of future returns which may be realized by you and could vary. In addition, we reiterate that the methods, techniques, information, content, indicators, strategies, columns, articles and all other features of the Website, or any [website] product or service, (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as business advice. Accordingly, you should not rely on the Information in making any business decisions. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding best practices. You are solely responsible for your own business decisions, and nothing in the Information is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, tax advisor, or business advisor to determine the suitability of any Website purchase and its future performance.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this Website from another website or document without our prior written consent.
Changes to the Services and Fees
In connection with any purchase of services or materials from this Website, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. We have the right to change any of the features on this Website or the services being offered on this Website. We also reserve the right to change any fees and initiate any new fees in connection with the Website and such services.
Use of Software
Any software that is made available to you on this Website is deemed to be licensed to you, from us, solely for your personal use, unless otherwise indicated. We retain ownership and intellectual property rights of any such software unless otherwise indicated. You are prohibited from selling, distributing, reproducing, decompiling, reverse-engineering, or otherwise using any software on this Website, except for one single personal use.
Compliance with International Intellectual Property Laws
By accessing this Website, its Services, and Materials, you agree to abide by all laws, including intellectual property laws in the United States and Canada, when you engage the Website, access the Services, or make a purchase with us. You will be solely responsible for breaching any laws in association with your use of the Website.
Prohibition Against Using Inappropriate Content
You agree not to use any inappropriate content in relation to this Website including but not limited to that which:
(a) is libelous, offensive, or pornographic;
(b) encourages conduct that could violate the law;
(c) advertises or solicits funds, goods, or services; or contains anything, such as viruses, malware, phishing software, trojans, or otherwise, that will disturb, destroy or impair the use of this Website.
The Website employs Secure Socket Layering (SSL encryption) designed to protect and preserve the integrity, functionality, personal data transmission when interacting with this Website; however, Sirius Design Group LLC makes no warranties expressed or implied as to the proper functioning of any third-party tools in conjunction with this Website.
You are strictly prohibited from violating or attempting to violate any security features of this Website!
Established Trade Secrets, Non-Disclosure, Due Diligence, and Purchasing Process
Sirius Design Group LLC's past and continuing operations are a Trade Secret pursuant to established Intellectual Property laws in the United States and Canada.
Trade secrets as defined in the court of law consist of information and can include a formula, pattern, compilation, program, device, method, technique, or process. To meet the most common definition of a trade secret, it must be used in business, and give an opportunity to obtain an economic advantage over competitors who do not know or use it.
Pursuant to Article 39 and 40 of the World Trade Organization requiring all 159 member nations to establish jurisprudence (a legal system) for protecting Intellectual Property and in conjunction with the Uniform Trade Secrets Act of 1979, Sirius Design Group LLC reserves the right to withhold information which could potentially compromise the integrity of Sirius Design Group LLC's Intellectual Property.
For greater transparency about our purchase process. we have set out below certain of our policies in respect of purchases of websites and/or any other intellectual property made from, in connection with, or in relation to this Website and its Services from us or from any of our affiliates:
For the purpose of protecting our Clients and Our Intellectual Property in respect to any proposed purchase(s) of an Established Website(s), Service(s) including the usage of this Website, or any transaction in connection with this Website; we reserve the right to execute Non-Disclosures with all clients, prospective clients, past clients, and third-parties including but not limited to (Brokers, any third-parties, Individuals). Moreover, we reserve the right to withhold the names and details pertaining to past and current transactions including: website URLs, any/all contact information of our past and current clients, and third party information. For further clarification, we require the proposed purchasers to execute a standard non-disclosure agreement.
15.1 The Parties
Beyond reasonable doubt, for the purpose of reference, the Non-Disclosure clauses (clauses 15.0-15.14) are between a business entity known as Sirius Design Group LLC, hereinafter referred to as the “Party A”, and any End-User ("You") accessing this Website and/or its associated Services hereinafter referred to as “Party B”, collectively the “Parties".
15.2 Confidential Information
The term "Confidential Information" includes, but is not limited to, all proprietary information owned by Sirius Design Group LLC and not generally known to the public or in the relevant trade or industry that is communicated orally, written, printed, electronically or any other form or medium, or which was learned, discovered, developed, conceived, originated, or prepared by the Parties in the scope and course of their relationship, relating directly or indirectly to business processes, technical data, trade secrets, know-how, advice, consultations, proprietary information, client lists, client instructions, assets, business operations, specifications, designs, plans, drawings, hardware, software, data, prototypes or other business and technical information belonging to any client of the Parties, operational methods, economic and business analyses, models, strategies, and projections, promotion methods, trade show information and contacts, and other proprietary information relating to the business of the Parties and any and all other concepts, as such Confidential Information pertains personally to principals, or other information that has independent economic value.
The Parties agree that they shall have the obligation to:
(a) hold the Confidential Information in the strictest of confidence;
(b) not use the Confidential Information for any personal gain or detrimentally to the other Party;
(c) take all steps necessary to protect the Confidential Information from disclosure and to implement internal procedures to guard against such disclosure;
(d) not disclose the fact that the Confidential Information has been made available or that discussions and negotiations are taking place or have taken place or any of its terms, conditions or other facts with respect to the transaction; and
(e) not disclose or make available all or any part of the Confidential Information to any person, firm, corporation, association, or any other entity for any reason or purpose whatsoever, directly or indirectly, unless and until such Confidential Information becomes publicly available other than as a consequence of a breach by any of the Parties and their confidentiality obligations hereunder.
This Section shall survive and continue after any expiration or termination of these terms and shall bind the Parties, its employees, agents, representatives, successors, heirs, and assigns.
15.3 Exceptions to Confidential Information.
The Parties shall not be restricted from disclosing or using Confidential Information that:
(a) is provided by either Party A or Party B in response to a valid order by a court or other governmental body, as otherwise required by law; or
(b) is approved for release only by written authorization of an officer or representative of Party A or Party B;
15.4 Use or Disclosure of Confidential Information.
The Parties shall only use the Confidential Information as directed and not for its own purposes or the purposes of any other party. Party A and Party B shall disclose the Confidential Information received under these terms to persons within their organization only if such persons are on a "need to know" basis. The Parties shall advise each person to whom disclosure is permitted that such information is confidential and proprietary property and may not be disclosed to others or used for their own purpose. This Section shall survive and continue after any expiration or termination of these terms and shall bind the Parties, including but not limited to, their employees, agents, representatives, successors, heirs, and assigns.
15.5 Notice of Disclosure.
In the event that any of the Parties receive a request or is required (by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process) to disclose all or any part of the Confidential Information, the Parties agree, if legally permissible, to (a) promptly notify the other Party of the existence, terms, and circumstances surrounding such request or requirement, (b) consult with the other Party on the advisability of taking legally available steps to resist or narrow such request or requirement and (c) assist the other Party in seeking a protective order or other appropriate remedies; provided, however, that the disclosing Party shall not be required to take any action in violation of applicable laws.
In the event that such protective order or other remedy is not obtained or that one of the Parties waives compliance with the provisions hereof, the disclosing Party shall not be liable for such disclosure unless disclosure to any such tribunal was caused by or resulted from a previous disclosure by the disclosing party not permitted by these terms.
All Non-Disclosure terms irrespective of the severability clause (section 15.13) will remain in effect indefinitely.
15.7 Return of Confidential Information.
Upon request from any of the Parties or upon termination of negotiations and evaluations, both Parties will promptly deliver to each other all originals and copies of all documents, records, software programs, media, and other materials containing any Confidential Information. Both Parties shall also return to each other all equipment, files, and other personal property belonging to one another. Party A and Party B shall not be permitted to make, retain, or distribute copies of any Confidential Information and shall not create any other documents, records, or materials in any form whatsoever that includes the Confidential Information.
Any notice provided in terms must be in writing and must be either personally delivered, mailed by first-class mail to Party A’s address:
Party A's Address
Sirius Design Group LLC
8 The Green, Dover, Delaware, 19901
The parties hereto agree that the covenants, agreements, and restrictions (hereinafter "this covenant") contained herein are necessary to protect the business goodwill, business interests, and proprietary rights of the Parties hereto and have independently discussed, reviewed and had the opportunity of legal counsel.
The Parties acknowledge and agree that due to the unique and sensitive nature of the Confidential Information, any breach of these terms would cause irreparable harm for which damages and or equitable relief may be sought. The violated Party shall be entitled to all remedies available at law.
These terms set forth an understanding between the Parties and supersede all prior oral or written agreements and understandings relating to the subject matter of these terms. These terms may not be modified or discharged, in whole or part, except by consent in writing signed by the Parties.
This Non-Disclosure Agreement may not be assigned or otherwise transferred by either party without the prior written consent of the non-transferring party.
15.12 Binding Arrangement.
These terms will be binding upon immediate access and use of this Website, its Materials, and any associated Services and inure to the benefit of the parties hereto and each Party’s respective successors and assigns.
In the event that any provision of these terms is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties hereto shall be construed and enforced as if the Agreement did not contain the particular provision(s) held to be unenforceable.
15.14 Non-Disclosure Governing Law(s)
Non-Disclosures shall be governed by and construed in accordance with the laws in the State of Delaware, USA.
15.15 Purchase Process and Due Diligence
Sirius Design Group LLC understands the needs of our clients to conduct satisfactory due diligence, and we have the following company policies in respect of all purchase transactions that the proposed purchaser and third-parties will abide by:
15.16 Advertising, Monetization Traffic Accounts
Sirius Design Group LLC does not allow any form of access (Brokers, Third-Parties, Individuals) to our traffic advertising and/or monetization accounts including, without limitation; accounts for Google Analytics, Google AdSense, Google Ads, Facebook, Bing, Amazon, Commission Junction, ClickBank, Affiliate Accounts, e-Commerce, and other similar accounts, (collectively, the “Traffic Advertising and Monetization Accounts”) for the purpose of viewing access, screen-sharing, video-viewing, and/or analyzing traffic to or returns from any website owned and operated by Sirius Design Group LLC and/or its affiliates.
15.17 Transfer of Google Accounts, Revenue and Traffic Accounts
Sirius Design Group LLC does not release and/or transfer ownership of any Traffic, Advertising, Marketing, and Monetization Accounts including but not limited to: Google Analytics, Google AdSense, Facebook, Bing, Commission Junction, ClickBank, Amazon, and other Affiliate Accounts. The purchaser is responsible for setting up and maintaining their own accounts with guidance and assistance from Sirius Design Group LLC.
15.18 Acceptable Due Diligence Practices
Upon request, we will deliver to the proposed purchaser comprehensive historical and current financial and traffic information, including a full profit and loss statement, balance sheets, cash flow statements, professional accounting records, and, in special circumstances, we may provide the proposed purchaser with official bank statements, payment stubs, and proof of revenue directly from the source in the form of high-resolution screen-captures. *Please note Sirius Design Group LLC is unable to provide tax records associated with an established website(s) purchase(s).
15.19 Asset Purchase Agreement and Escrow
For each proposed purchase transaction, we will provide to the proposed purchaser our standard purchase agreement for review and signature. Pursuant to the purchase agreement, and for the protection of both parties, the parties will appoint Escrow.com as the Escrow agent for the purchase transaction with a standard 3-day asset transfer/inspection period.
15.20 Strict No Refund Policy
All products and services are sold “as is.” You assume complete responsibility for your purchase, and no refunds will be issued. Therefore, beyond a reasonable doubt; effective immediately after the Closing Date outlined in our purchase agreement with you, all sales are final and there shall be absolutely no refunds, returns or buybacks in respect of any established website(s) or service(s), and/or related Intellectual Property purchased from and/or through Sirius Design Group LLC, its entirety, or from any of our affiliates.
Right of Termination Without Breach
Except as otherwise specified herein, these Terms commence immediately upon visiting or continuing to use this Website including your first use of any of the Website, its Services or any transaction conducted by or through Sirius Design Group LLC, its affiliates, and Materials and continue until you cease to use the Website, its Service(s) and Materials or your subscription, if any, expires or has been terminated, whichever is later.
Sirius Design Group LLC reserves the right to terminate your access to and use of the Website and Materials at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements you have with Sirius Design Group LLC or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights and/or other intellectual property including non-disclosure agreements and unauthorized use of this Website or any Services in connection with Sirius Design Group LLC. Cancellation or termination of your account, services, or subscriptions by Us shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Website, its Services, and Materials after termination or notification of the same.
Any attempted whether successful or unsuccessful Unauthorized use of this Website gives rise to a legal claim for damages and result in you being held liable for a criminal offense in a court of law.
Reserved Right to Exclusive Jurisdiction