Terms & Conditions
Last Updated: April 2017
By using our website (the “Site”), you agree to be bound by these Terms of Service (“Terms”) and to use the Site in accordance with these Terms, our Privacy Notice, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. Accessing the Site for the limited purpose of reviewing these Terms of Service does not constitute your “use” of the Site or agreement to be bound by these Terms of Service unless you further use the Site.
Toms Sierra Company, Inc. (dba, and hereinafter referred to as, “Sierra Energy”) reserves the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case it will post the revised Terms of Service on this Site and update the “Last Updated” date to reflect the date of any changes. By continuing to use the Site after the posting of any such changes, you accept the Terms, as modified.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
Rights and Restrictions Relating to Site Content
Your Limited Right to Use Site Materials. This Site, and all the materials available on the Site, are the property of Sierra Energy, and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of Sierra Energy’s rights, or in a manner that has not been authorized by Sierra Energy. Further, unless explicitly authorized in these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your own personal, non-commercial use, provided that you keep intact all copyright notices. If you wish to obtain information about how to request authorization to reproduce or distribute materials from the Site, please contact Sierra Energy at: Sierra Energy, 1020 Winding Creek Rd., #100, Roseville, CA 95678.
Sierra Energy’s Right to Use Materials You Submit or Post.
When you submit or post any material via the Site, you grant Sierra Energy, and anyone authorized by Sierra Energy, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner (whether now known or hereafter developed), for any purpose that Sierra Energy chooses. This grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant Sierra Energy, and anyone authorized by Sierra Energy, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as Sierra Energy deems appropriate. You understand that the technical processing and transmission of the Site, including of the content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.
Access to Certain Features of Our Site
To access certain features of our Site, we may ask you to provide certain demographic information including your gender, year of birth, cellular phone number, email address and zip code. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If Sierra Energy has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Sierra Energy has the right to suspend or terminate your account, and refuse any and all current or future use of the Site and/or of any programs for which that information is required (e.g., Sierra Energy Loyalty Card). Sierra Energy’s use of any information you provide as part of the registration process is governed by the terms of Sierra Energy’s Privacy Notice.
We respect the privacy of the users of our Site. Please review Sierra Energy’s Privacy Notice. These Terms include and fully incorporate the Privacy Notice.
Limitation on Use of Company Directories
The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will Sierra Energy be liable in any way with regard to such information.
Modifications to, or Discontinuation of, the Site
Sierra Energy reserves the right at any time to modify and/or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that Sierra Energy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Throughout our Site, we have provided links and pointers to Internet sites maintained by third parties. Sierra Energy does not operate or control in any respect any information, products or services that third parties may provide on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SIERRA ENERGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIERRA ENERGY DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SIERRA ENERGY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO SIERRA ENERGY TO GRANT THE LICENSE CONTAINED IN THIS TERMS OF SERVICE AND TO PROVIDE YOU WITH ACCESS TO THE SITE AND SERVICES.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
You acknowledge that by using the Site, you may incur charges from your wireless carrier, internet service provider or other method of internet or data access, and that payment of any such charges will be your sole responsibility. You agree that your use of the Site will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet or data access. Sierra Energy does not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that Sierra Energy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, Sierra Energy is under no obligation to become involved, and you agree to release Sierra Energy from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SIERRA ENERGY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF SIERRA ENERGY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify and hold harmless Sierra Energy, and each of its respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Site, violation of these Terms by you, or your violation of any rights of another. Sierra Energy reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this section. In such event, you agree to provide Sierra Energy with such cooperation as is reasonably requested.
Suspension and Termination of Access
You agree that, in its sole discretion, Sierra Energy may suspend or terminate your use of the Site, or any part of the Site, including the Sierra Energy Loyalty Club, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that Sierra Energy will not be liable to you or any third-party for any suspension or termination of your use of the Site, including the Sierra Energy Loyalty Club, or any removal of any materials that you have submitted to the Site. In the event that Sierra Energy suspends or terminates your access to and/or use of the Site, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
The Site is intended for use only by residents of the United States over the age of 13. It may not comply with legal requirements of foreign countries. Other countries may have laws and regulatory requirements that differ from those in the U.S. By using this Site, you agree to the transfer and processing of any personal information you provide to the U.S. as set forth in the Privacy Notice under the laws of the United States and the State of California, rather than under the law of your home country.
This agreement constitutes the entire agreement between Sierra Energy and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. This agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or Sierra Energy. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred.