Terms of Use


These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Sierra Collision Inc. for other products or services.

 

By accessing, browsing, and using this Site, you agree to be bound by the terms and conditions described below, all policies and guidelines incorporated by reference, and any subsequent changes to the foregoing. IF YOU DO NOT AGREE TO These Terms of Use OR ANY SUBSEQUENT MODIFICATION, do not access, browse or otherwise use this site.

 

Sierra Collision Inc. reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.
Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

 

Incorporated Policies

Privacy Policy. Sierra Collision Inc. believes strongly in protecting user privacy and providing you notice of Sierra Collision Inc.’s collection and use of data, including personally identifying information, collected from the Site. Therefore, Sierra Collision Inc. has adopted a Privacy Policy that you should refer to fully understand how Sierra Collision Inc. uses and collects information.

 

License and Site Access

Sierra Collision Inc. grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation:
(a) any resale or commercial use of the Site or content therein;
(b) the collection and use of any product listings or descriptions;
(c) making derivative uses of the Site and its contents; or
(d) use of any data mining, robots, or similar data gathering and extraction methods.

 

Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Sierra Collision Inc. or any third party.

 

Any unauthorized use of this Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

 

Framing and Meta Tags

You may not use, frame or utilize framing techniques to enclose any Sierra Collision Inc. trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Sierra Collision Inc.’s express written consent. Further, you may not use any META tags or any other “hidden text” utilizing a Sierra Collision Inc. name, trademark, or product name without Sierra Collision Inc.’s express written consent.

 

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the Sierra Collision Inc. logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are ALL RIGHTS RESERVED Copyright © Sierra Collision Inc.) and/or its third party providers, suppliers and licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Sierra Collision Inc. or the respective copyright owner.

 

Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Sierra Collision Inc. or the respective copyright owner,
(a) copy, publish, or post any Materials on any computer network or broadcast or publications media,
(b) modify the Materials, and
(c) remove or alter any copyright and other proprietary notices contained in the Materials.

 

Trademarks and Service Marks

Sierra Collision Inc., the Sierra Collision Inc. logo, and the products and services described in this Site, including without limitation, “Sierra Collision Inc.” are either trademarks, service marks or registered trademarks of Sierra Collision Inc. and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sierra Collision Inc. or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Sierra Collision Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sierra Collision Inc.. All other trademarks, registered trademarks, product names and Sierra Collision Inc. names or logos mentioned herein are the property of their respective owners.

 

Third-Party Content

This Site may contain content provided or supplied by third parties (the “Third Party Content”). Access to the Third Party Content is provided as a service to those interested in the information. Sierra Collision Inc. does not create, nor have control over the Third Party Content. Sierra Collision Inc. makes no representations or warranties whatsoever regarding the currency, accuracy or completeness of the Third Party Content and the indemnification, disclaimer and limitation of liability provisions in these Terms of Use apply to the Third Party Content. Users visit this Site and use the information contained therein at their own risk.

 

Enforcement

Sierra Collision Inc. has the right, but not the obligation, to monitor any activity and content associated with its Site. Sierra Collision Inc. may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted content. Sierra Collision Inc. reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Sierra Collision Inc.’s systems and customers, or to ensure the integrity and operation of Sierra Collision Inc.’s business and systems, Sierra Collision Inc. may access and disclose any information it considers necessary or appropriate, but only in accordance with applicable law or regulation, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. Sierra Collision Inc.’s right to disclose any such information in accordance with applicable law or regulation shall govern over any terms of Sierra Collision Inc.’s Privacy Policy.

 

Third-Party Links

Sierra Collision Inc. may provide links to third- party Web sites or services on the Site. Sierra Collision Inc. makes no representations or warranties regarding, and accepts no liability or responsibility whatsoever for, the quality, content, nature or reliability, including but not limited to the currency, accuracy or completeness of the content, information, or opinions of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Sierra Collision Inc. and Sierra Collision Inc. is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Sierra Collision Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Sierra Collision Inc. of the site or any information contained therein. When leaving the Sierra Collision Inc. site, you should be aware that Sierra Collision Inc.’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

 

Indemnification

You agree to indemnify and hold harmless Sierra Collision Inc. and its officers, directors, employees, representatives and agent from any claim, action, demand, loss, or damages (including reasonable legal fees) brought by you or on your behalf, or made or incurred by any third party arising out of or relating to your use of this Site, including but not limited to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party. Sierra Collision Inc. reserves the right to assume the exclusive defense and control of any such matter, which shall not excuse your indemnity obligations.

 

User Comments, Feedback and Other Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Sierra Collision Inc., or postings on this Site, are non-confidential (subject to Sierra Collision Inc.’s Privacy Policy) and shall become the sole property of Sierra Collision Inc.. Sierra Collision Inc. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Sierra Collision Inc. irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

 

In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or information or any other material or information that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

 

Disclaimers

“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

 

REPRESENTATION AND WARRANTY DISCLAIMER. SIERRA COLLISION INC. DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY CONTENT PROVIDED OR SUPPLIED BY THIRD PARTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

 

SIERRA COLLISION INC. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

 

Sierra Collision Inc. is not responsible for typographical errors or omissions relating to pricing, TEXT, OR photography.

 

WHILE SIERRA COLLISION INC. ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, SIERRA COLLISION INC. CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, INCLUDING, DATA, TEXT, AND IMAGES FROM THIS SITE.

 

Sierra Collision Inc. reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sierra Collision Inc..

 

Limitation of Liability

IN NO EVENT SHALL SIERRA COLLISION INC. BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, OR ANY ELECTRONIC FILES SENT FROM SIERRA COLLISION INC.OR FROM THE SITE.

 

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

 

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the state without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in courts located in the State of California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

 

Termination

Notwithstanding any of these Terms of Use, Sierra Collision Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

 

Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Entire Agreement

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

 

Please note that the permission granted herein terminates automatically if you breach any of the terms or conditions of this Agreement. Any other use of the material on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright, trademark or other intellectual property laws, and, without the prior written permission of Sierra Collision Inc., is strictly prohibited.


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