Sierra Fireplace - Terms of Use

Legal Terms

These terms were last updated on OCTOBER 29, 2006.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

These terms of use ("Legal Terms") describe the terms and conditions applicable to your access and use of the Sierra Fireplace & BBQ ("Sierra Fireplace & BBQ" or the "Sierra Fireplace & BBQ companies") web site (the "Web Site"). By using this Web Site, you are accepting and agreeing to these Legal Terms. If you do not agree to all of these Legal Terms, do not use this Web Site.

Sierra Fireplace & BBQ may modify this Web Site and the rules and regulations governing its access and use, at any time. Any modification will be included in these Legal Terms, so please check back when you use the Web Site. By continuing use of the Web Site after such changes are posted, you will be deemed to have accepted such changes.

Scope of Use

Sierra Fireplace & BBQ invites you to view, use and download small portions of the content (including without limitation text, graphics, software, audio and video files and photos) of this Web Site for your informational, non-commercial use, provided that you leave all the copyright notices or other proprietary notices intact. You may not store, modify, reproduce, transmit or distribute a significant portion of the content on this Web Site, or the design or layout of the Web Site or individual sections of it, in any form or media. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Web Site without the prior written consent of Sierra Fireplace & BBQ is strictly prohibited.

You understand that Sierra Fireplace & BBQ may, at any time, for any reason and without notice, discontinue, change or restrict your use of this Web Site and make changes in the products and/or services described in this Web Site.

By using this Web Site, you represent that you are at least 18 years old and are a United States resident. If you are under 18 or not a U.S. resident, do not use this Web Site.

No Warranties

THE WEB SITE, ANY CONTENT, OPINIONS OR ADVICE ON THE WEB SITE, AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE (COLLECTIVELY, "MATERIALS") ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. THESE MATERIALS INCLUDE ONLINE CALCULATORS AVAILABLE THROUGH THE WEB SITE. SIERRA FIREPLACE & BBQ DOES NOT ENDORSE AND MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE MATERIALS. SIERRA FIREPLACE & BBQ MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIALS YOU MAY OBTAIN ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SIERRA FIREPLACE & BBQ. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.

Limitation of Liability

YOUR USE OF THE MATERIALS IS AT YOUR OWN RISK. SIERRA FIREPLACE & BBQ SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE MATERIALS (EVEN IF SIERRA FIREPLACE & BBQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE OR THE MATERIALS. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SIERRA FIREPLACE & BBQ. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Trademarks

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Any Trademarks Here

Copyright

This Web Site is protected by U.S. and foreign copyright laws. Except as expressly provided under "Scope of Use" section above, you may not use, reproduce, modify, transmit, distribute, publicly display or perform this Web Site without Sierra Fireplace & BBQ prior written permission.

Visitor Submissions

By providing information or materials to this Web Site (other than personal information subject to Sierra Fireplace & BBQ Privacy Policy), you grant to Sierra Fireplace & BBQ an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. You agree not to submit or transmit any e-mails or materials through the Web Site that (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Sierra Fireplace & BBQ shall not be subject to any obligations of confidentiality regarding any information or materials that you submit except as specified in Sierra Fireplace & BBQ Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Third-Party Services

Certain commercial services, such as contractor services, are offered by third parties through this Web Site. Sierra Fireplace & BBQ is not and will not be responsible for (i) the terms and conditions of any transaction between you and any such third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, (iii) the quality of services performed by any such third party or (iv) any other legal liability arising out of or related to the performance of such services. Because we are not involved in the actual transaction between you and any such third party, in the event you have a dispute with any such third party, you release Sierra Fireplace & BBQ and its affiliates, agents, and employees from any and all claims arising out of or in any way connected with such disputes.

Links

Sierra Fireplace & BBQ offers links to other web sites operated by other entities as a convenience to you. Sierra Fireplace & BBQ makes no representation regarding the content or accuracy of any web site that you may access through this one. Sierra Fireplace & BBQ does not monitor and is not responsible for the content found on other web sites that are linked from this Web Site. Inclusion of these links on Sierra Fireplace & BBQ Web Site does not imply endorsement, recommendation or sponsorship for any linked web site or the services, products or advice described on the site. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s) and not Sierra Fireplace & BBQ.

Unless otherwise set forth in a written agreement between you and a member Sierra Fireplace & BBQ company, you must adhere to Sierra Fireplace & BBQ linking policy as follows: (i) any link to the Web Site must be a text only link clearly marked "sierrafireplace.com," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Sierra Fireplace & BBQ names and trademarks, (iii) the link must "point" to the URL (www.sierrafireplace.com) and not to other pages within the Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Sierra Fireplace & BBQ, (v) when selected by a user, the link must display the Web Site on full-screen and not within a "frame" on the linking web site, and (vi) Sierra Fireplace & BBQ reserves the right to revoke its consent to the link at any time and in its sole discretion.

Employment Opportunities

The Sierra Fireplace & BBQ companies are committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Sierra Fireplace & BBQ encourages all qualified applicants to apply.

E-mail

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any personal or confidential information.

Security

You are responsible for maintaining the confidentiality of your user name and password. You may not share your password with or transfer your password to any third party. You are responsible for all uses of your user name and password, and any and all related charges, whether or not authorized by you. You agree to immediately notify Sierra Fireplace & BBQ of any unauthorized use of your password or user name or any other breach of security.

Violations and Additional Policies

Sierra Fireplace & BBQ reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Web Site, including the right to block access from a particular Internet address to the Web Site. Our policies regarding privacy, which are incorporated into these Legal Terms by reference. Sierra Fireplace & BBQ does not intend to market any products or services to children and does not knowingly collect personal information from children under the age of 13 through this Web Site.

Governing Law, Location and Miscellaneous

These Legal Terms shall be governed in all respects by the laws of the State of California USA, without reference to its choice of law rules. The Web Site is operated by Sierra Fireplace & BBQ, on behalf of the Sierra Fireplace & BBQ companies from its offices in Los Angeles, California. Sierra Fireplace & BBQ makes no representation that the content of this Web Site is appropriate or available for use in other locations, and access to this Web Site from territories where the content of this Web Site may be illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Legal Terms and all documents incorporated herein by reference constitute the entire agreement between Sierra Fireplace & BBQ and you with respect to this Web Site.

Arbitration

Any controversy or claim arising out of or relating to these Legal Terms or this Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Disclosures
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Any Disclosures Here