You represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen (13) and are accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.
Copyright, Trademark and Other Intellectual Property Rights
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of the Site as well as the selection, arrangement and organization of the foregoing and the Site as a whole (collectively, "Content") are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses, and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to us or our suppliers. Certain trademarks, service marks and trade names on the Site are our registered or unregistered trademarks, service marks and trade names and may not be used without our express permission. Other trademarks, service marks and trade names and products contained herein are the registered or unregistered property of their respective owners. All software used on this Site is the property of us or our suppliers and is protected by U.S. and international copyright and other intellectual property laws.
You may not reproduce (except as expressly noted below), create derivative works from, distribute in any way, display or publicly perform any Content or software without our prior written permission. The Content of the Site, and the Site as a whole, and the software is intended solely for personal non-commercial use by you and other users of the Site. You may download one copy of any materials, other than music, found in the Content on a single computer for your personal, non-commercial use only. This is not a transfer of title to any Content and your use is subject to the following restrictions. You may not (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Site or the software, in whole or in part, except as necessary and incidental to the downloading of the one copy of the materials, other than music, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. We reserve all rights not expressly granted herein.
References on this Site to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by us.
Disclaimer/Limitation of Liability
THE SITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN US AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. WE DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED BY USERS, NOR DO WE ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE SITE. WE AND OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE SITE, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE SITE, THE SOFTWARE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE SITE AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.
THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF OUR OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE SITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. However, the foregoing indemnity provision shall not apply to the extent that any claim arises from the TJX Businesses’ own fraud, willful injury, willful violation of law, negligence, or a violation of the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1 et. Seq.
None of the reviews shall be subject to any obligation of confidence on the part of Sierra Trading Post and Sierra Trading Post shall not be liable for any use or disclosure of any review.
We reserve the right not to provide the Website to any user. We also reserve the right to terminate any user's right to access the Website at any time, in our discretion. If you violate any of these Terms, your permission to use the Website automatically terminates.
Arbitration Agreement & Waiver of Certain Rights
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
This statement was last updated as of August 18, 2017.