We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms at any time. It is your responsibility to periodically check these terms for changes. Your continued use of our site following the posting of changes will mean that you accept and agree to those changes. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use our site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and code (collectively, “content”), including the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such content on our Site is owned, controlled, or licensed by or to us and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these terms, no part of our site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution, or for any commercial enterprise, without our express prior written consent.
You may use information on our products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by us for downloading from our site provided that you (1) do not remove any proprietary notice language in any copies of any such information, (2) only use such information for your personal, non-commercial informational purpose, and do not copy or post such information on any networked computer or broadcast it in any media, (3) do not make any modifications to any such information, and (4) do not make any additional representations or warranties relating to such information.
Your Use of Our Site
We reserve the right to refuse, limit, suspend, or terminate the use of our services by anyone, for any reason, at any time, and at our sole discretion. This website, and our services, are not directed to or intended for individuals under 18 years of age. By accessing or using our site you represent and warrant that you are over the age of 18 and have the power and authority to enter into and perform your obligations under these terms, that you shall comply with all of these terms, and that you have provided us with accurate and complete data.
You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of our site or any content, or to in any way reproduce or circumvent the navigational structure or presentation of our site or any content, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through our site. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of our site or to any other systems or networks connected to our site or to any related servers, or to any of the services offered on or through our site, by hacking, password “mining,” or by any other illegitimate means.
You may not probe, scan, or test the vulnerability of our site or any network connected to our site, or breach the security or authentication measures on our site or on any network connected to our site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to our site, or of any of our customers, to its source, or exploit our site or any service or information made available or offered by or through our site, in any way where the purpose is to reveal any information, including personal identification or information other than your own information, as provided for by our site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our site or our systems or networks, or any systems or networks connected to our site.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of our site or any transaction being conducted on our site, or with any other person’s use of our site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through our site or any service offered on or through our site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use our site or any content for any purpose that is unlawful or prohibited by these terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or others’ rights.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of our site, including contests, promotions, or other similar features, all of which terms are made a part of these terms by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these terms and the terms posted for or applicable to a specific portion of our site or for any service offered on or through our site, the latter terms shall control with respect to your use of that portion of our site or the specific service.
Our obligations, if any, with regard to our products and services are governed solely by the agreements pursuant to which they are provided and nothing on our site should be construed to alter such agreements.
We may make changes to any products or services offered on our site, or to the applicable prices for any such products or services, at any time and without notice. The materials on our Site with respect to products and services may be out of date, and we make no commitment to update the materials on our site with respect to such products and services.
Links to Other Sites
Our site may contain links to other independent third-party websites (“linked sites”). Any such linked sites are provided solely as a convenience to our visitors. Such linked sites are not under our control and we are not responsible for and do not endorse the content of any such linked sites, including any information or materials contained on such linked sites. You will need to make your own independent judgment regarding your interaction with any such linked sites.
Accounts and Registration
You may be able to browse or use certain services without providing us with personal contact or other data. However, some services are not accessible unless you provide us with such data.
You agree that any data you provide will be accurate and compete and that you will update your account as needed to maintain its accuracy and completeness. You agree not to impersonate or misrepresent your affiliation with any person or entity. If you create or use an account on behalf of an entity, you represent that you are authorized to act on behalf of that entity and to bind that entity to these terms, and you acknowledge that the account is owned and controlled by that entity.
You are responsible for keeping your username and password confidential and for restricting access thereto. You are also responsible for all activity that occurs on or via your account. You agree to promptly notify us of any unauthorized use of your username, password, or account.
You are also responsible for complying with any additional terms that may apply to your use of all or portions of the website or services, including any applicable confidentiality agreement, the terms of which are expressly incorporated by reference herein.
You agree and consent to receive electronically all communications, agreements, documents (including these terms), notices, and disclosures (collectively “electronic communications”) provided in connection with our services. You may withdraw your consent to electronic communications by writing to us at “Attn: Electronic Communications, Sierra Energy, 1222 Research Park Drive, Davis, CA 95618, or by contacting us via any “Contact” or “Contact Us” link on our site. However, if you do not consent to electronic communications, or if you withdraw your consent to electronic communications, we reserve the right to deny you an account, restrict or deactivate your account, close your account, or charge you additional fees for paper communications.
Violation of These Terms
We may disclose any data we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of our site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property or the rights or property of visitors to or users of our site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process, or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve any transmittal or communication by you with us through our site or any service offered on or through our site, and that we may also disclose such data if required to do so by law or if we determine that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, (ii) enforce these terms, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property, or personal safety of us, our employees, users of or visitors to our site, or the public.
You agree that we may, in our sole discretion and without prior notice, terminate your access to our site or block your future access to our site if we determine that you have violated these terms or any other agreements or guidelines which may be associated with your use of our site. You also agree that your violation of any of these terms will constitute an unlawful and unfair business practice and will cause irreparable harm to us for which monetary damages would be inadequate and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You agree that we may, in our sole discretion and without prior notice, terminate your access to our site, for cause, which includes: (i) requests by law enforcement or other government agencies, (ii) a request by you, (iii) discontinuance or material modification of our site or any service offered on or through our site, or (iv) unexpected technical issues or problems.
If we take any legal action against you as a result of your violation of these terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to our site as a result of any violation of these terms.
WE DO NOT PROMISE THAT OUR SITE OR ANY CONTENT, SERVICE, OR FEATURE OF OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR SITE WILL PROVIDE SPECIFIC RESULTS. OUR SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON OUR SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OUR SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR SITE OR ANY OF OUR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR SITE OR ANY CONTENT IS TO STOP USING OUR SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
We reserve the right to do any of the following, at any time, without notice: (i) to modify, suspend, or terminate operation of or access to our site, or any portion of our site, for any reason; (ii) to modify or change our site, or any portion of our site, and any applicable policies or terms; and (iii) to interrupt the operation of our site, or any portion of our site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation on Liability
Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
If, notwithstanding the other provisions of these terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our site or any content, our liability shall in no event exceed the greater of: (i) the total of any subscription or similar fees with respect to any service or feature of or on our site paid by you during the six months prior to the date of the initial claim made against us, or (ii) US $100. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, losses, liabilities, claims, or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of our site.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of our site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Sacramento County, California and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these terms must be brought within one year after the cause of action arises or such claim or cause of action is barred. Claims made under separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and reasonable attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of our site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 calendar days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Jury and Class Action Waivers
EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF OUR SITE, OR ANY OTHER TRANSACTION CONTEMPLATED HEREBY.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SITE OR OUR SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION AND, UNLESS WE AGREE OTHERWISE, NO ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT WITH US, EACH OF US IS WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
If any of the provisions of these terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms so that these terms shall remain in full force and effect. These terms constitute the entire agreement between you and us with regard to your use of our site and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with us, we will not accept any counteroffers to these terms and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these terms shall not be construed as a waiver by us of any provision or any right we have to enforce these terms, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these terms. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
Last Updated: August, 2022