Effective Date: November 1st, 2010
LIMITED LICENSE; PERMITTED USES
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print-out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your telephone number or user identification number. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. SIERRA TEL HEREBY DISCLAIMS ALL WARRANTIES. SIERRA TEL IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIERRA TEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SIERRA TEL DOES NOT WARRANT THAT THE SITE OR THE SERVICE IS FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY CONTAMINATE OR DESTROY PROPERTIES. SIMILARLY, SIERRA TEL IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR OR OMISSION RELATING TO PRICING OR PICTURES. FINALLY, SIERRA TEL DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
SIERRA TEL’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIERRA TEL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SIERRA TEL. THE AGGREGATE LIABILITY OF US AND ANY AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Sierra Tel imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from using the Site or the Service in connection with any violation or infringement of privacy, copyright or third party rights, or offensive communications or conduct. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Sierra Tel in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
PRODUCT AND SERVICE DESCRIPTION; PRICING
Sierra Tel and its affiliates, agents, and licensors offer information on products and services on the Site and attempt to be as accurate as possible. Yet, Sierra Tel does not guarantee that the information provided, with respect to the products and service description, or other Site content is accurate, complete, reliable current or error-free. Therefore, Sierra Tel reserves the right, at its discretion, to correct any error on the Site at any time. If a product offered by Sierra Tel is defective or not as described, your sole remedy is to return it in unused condition for refund or replacement in Sierra Tel’s discretion.
RISK OF LOSS
All items purchased from Sierra Tel are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Sierra Tel does not represent that all information and content available on or accessible through this Site is appropriate for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access or use this Site from those locations act on their own initiative and Sierra Tel is not responsible for compliance with applicable laws, rules, and regulations. You will not access the foregoing where prohibited by applicable law, rule or regulation.
COPYRIGHT AND TRADEMARK
The SIERRA TEL trademarks are owned by Sierra Tel. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Other than as expressly permitted in the “LIMITED LICENSE; PERMITTED USES” Section above, the copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Sierra Tel or any third party.
UPDATING THIS AGREEMENT
Sierra Tel may revise, amend, or modify this Agreement from time to time. Notice of any revision, amendment, or modification will be posted on Sierra Tel’s website, and/or on your start pages and/or by email and/or in mailings to your primary email account and will be effective on the date noted in the posting. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Sierra Tel. By continuing to use Sierra Tel’s services and products after the amendments are effective, you accept and agree to abide by them.
CALIFORNIA USE ONLY
The Site is controlled and operated by Sierra Tel from its offices in the State of California, U.S.A. Sierra Tel makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Sierra Tel purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
TERMS AND MODIFICATIONS
Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the “NO WARRANTIES” and “LIMITATION OF LIABILITY” sections, above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.
Post Office Box 219
Oakhurst, California 93644
A representative will contact you within fifteen (15) days of receiving your inquiry.