The following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms”), are entered into by and between you, the individual accessing this website (“You”), and Sierra Investment Management (Sierra), an SEC registered investment advisory firm.
This Site may contain links to third-party external websites and/or content that are not owned or controlled by Us. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You agree that We are not liable in any manner for such sites and/or content. If You decide to access any of the third-party websites linked on this Site, You do so entirely at your own risk and subject to the terms and conditions of use for such websites. Any link to third party sites, content, services or tools may not be construed as an approval or endorsement of such third party sites, content, services or tools.
INTELLECTUAL PROPERTY RIGHTS
The Site and the entirety of its content, features, and functionality (including, but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, as applicable.
These Terms permit You to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our Site, except where your computer temporarily stores copies of materials incidental to your accessing and viewing those materials or within a cache on your web browser for enhanced display; where You print or download copies for your personal, non-commercial use and not for future reproduction, publication, or distribution.
You must not: modify copies of any materials from Our Site; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials on this Site.
DISCLAIMER OF WARRANTIES
You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet or Our Site will be free of viruses or other destructive code. You accept sole responsibility for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to Our Site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE OR ON ANY WEBSITE LINKS.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT AND/OR ANY SERVICES IT PROVIDES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVICE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS FROM IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY AND DAMAGES
WE AND OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS SHALL NOT HAVE ANY LIABILITY UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO EITHER, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES; INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES; OR LOSS OF DATA; EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend at your own expense, indemnify, and hold Us harmless, and Our respective affiliates, subsidiaries, partners, officers, directors, employees, agents, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all third party claims, actions, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses incurred by the Indemnified Parties, arising from or relating to (i) your violation of any rights of a third party; (ii) any breach by You of your obligations under this Agreement; (iii) your unlawful and/or unauthorized use of, or activities in connection with Our Site; (iv) your violation of any applicable law; and (v) any negligent acts, omissions or willful misconduct by You. The foregoing indemnities shall survive expiration or termination of these Terms.
MONITORING AND ENFORCEMENT
We have the right to monitor and block your access to all or part of this Site for any or no reason, including without limitation, for any violation of these Terms. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Site. Without limitation to the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other personal information of anyone accessing this Site.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ANYONE ASSOCIATED WITH US FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. WE DO NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.
GOVERNING LAW AND JURISDICTION
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed and construed by the substantive laws of the State of California, without respect to its or any other state’s choice or conflict of laws principles.
Any claim or dispute arising out of, or related to, these Terms or the Site shall be decided exclusively by a court of competent jurisdiction located in the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
SEVERABILITY AND WAIVER
In the event that any provision of these Terms (or any portion thereof) is held by a court or other tribunal of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such provision (or any portion thereof) shall be eliminated or limited to the minimum extent such that the remaining provisions (or any portions thereof) of the Terms will continue in full force and effect notwithstanding.
No right or claim shall be deemed waived, unless there is the explicit consent thereto in writing and signed by the party waiving this right or claim. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
CHANGES TO OUR TERMS
Company reserves the right to modify these Terms from time to time. All changes are effective immediately when We post them. If You continue to use Our Site after such modification, You will be deemed to have read, understood, and unconditionally accepted and agreed to such changes.
This Site is protected by the copyright laws of the United States of America, 17 U.S.C. ¤¤ 101 et seq. Except as specifically permitted in accordance with the terms and conditions governing use of this Site, any copy, other reproduction, display, performance or retransmission of all or any of the contents of this Site is strictly prohibited. All rights reserved.
If You have questions or comments about these Terms, please Contact Us at the following e-mail address: firstname.lastname@example.org.