Terms of Use

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OUR WEBSITE TERMS OF USE

The following terms and conditions govern all use of the sierrabrava.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Sierra Brava US, LLC (“Sierra Brava”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Sierra Brava’s Privacy Policy) and procedures that may be published from time to time on this Site by Sierra Brava (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Sierra Brava, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. YOUR SIERRABRAVA.COM ACCOUNT AND SITE

If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Sierra Brava may change or remove any description or keyword that it ... Show More

2. RESPONSIBILITY OF CONTRIBUTORS

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: ... Show More

3. PAYMENT AND RENEWAL

  • GENERAL TERMS:
    By selecting a product or service, you agree to pay Sierra Brava the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable
  • AUTOMATIC RENEWAL: Unless you notify Sierra Brava before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Sierra Brava in writing.

4. SERVICES

  • FEES; PAYMENTS:
    By signing up for a Services account you agree to pay Sierra Brava the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Sierra Brava reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Sierra Brava.
  • SUPPORT:
    If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Sierra Brava to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free sierrabrava.com services. All support will be provided in accordance with Sierra Brava standard services practices, procedures and policies.

5. RESPONSIBILITY OF WEBSITE VISITORS

Sierra Brava has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Sierra Brava does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems ... Show More

6. CONTENT POSTED ON OTHER WEBSITES

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which sierrabrava.com links, and that link to sierrabrava.com. Sierra Brava does not have any control over those non-Sierra Brava websites and webpages, and is not responsible for their contents or their use. By linking to a non-Sierra Brava website or webpage, Sierra Brava does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sierra Brava disclaims any responsibility for any harm resulting from your use of non-Sierra Brava websites and webpages.

7. COPYRIGHT INFRINGEMENT AND DMCA POLICY

As Sierra Brava asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by sierrabrava.com violates your copyright, you are encouraged to notify Sierra Brava in accordance with Sierra Brava’s Digital Millennium Copyright Act (“DMCA”) Policy. Sierra Brava will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sierra Brava will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sierra Brava or others. In the case of such termination, Sierra Brava will have no obligation to provide a refund of any amounts previously paid to Sierra Brava.

8. INTELLECTUAL PROPERTY

This Agreement does not transfer from Sierra Brava to you any Sierra Brava or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sierra Brava. Sierra Brava, sierrabrava.com, the sierrabrava.com logo, and all other trademarks, service marks, graphics and logos used in connection with sierrabrava.com, or the Website are trademarks or registered trademarks of Sierra Brava or Sierra Brava’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sierra Brava or third-party trademarks.

9. ADVERTISEMENTS

Sierra Brava reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

10. ATTRIBUTION

Sierra Brava reserves the right to display attribution links such as ‘Blog at sierrabrava.com,’ theme author, and font attribution in your blog footer or toolbar.

11. PARTNER PRODUCTS

By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

12. DOMAIN NAMES

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

13. CHANGES

Sierra Brava reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sierra Brava may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

14. TERMINATION

Sierra Brava may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your sierrabrava.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Sierra Brava if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Sierra Brava’s notice to you thereof; provided that, Sierra Brava can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. DISCLAIMER OF WARRANTIES

The Website is provided “as is”. Sierra Brava and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sierra Brava nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

16. LIMITATION OF LIABILITY

In no event will Sierra Brava, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sierra Brava under this agreement during the twelve (12) month period prior to the cause of action. Sierra Brava shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

17. GENERAL REPRESENTATION AND WARRANTY

You represent and warrant that (i) your use of the Website will be in strict accordance with the Sierra Brava Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

18. INDEMNIFICATION

You agree to indemnify and hold harmless Sierra Brava, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

19. MISCELLANEOUS

This Agreement constitutes the entire agreement between Sierra Brava and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sierra Brava, or by the posting by Sierra Brava of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, USA, excluding its conflict of law ... Show More