AGREEMENT BETWEEN USER AND SIERRACARE, LLC
The SierraCare , LLC (“Sierra Care”) operates this web site and is offered to you on the condition that you accept without modification of the terms, conditions, and notices contained herein. Your use of the Sierra Care Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Sierra Care reserves the right to change the terms, conditions, and notices under which the Sierra Care Web Site is offered, including but not limited to the charges associated with the use of the Sierra Care Web Site.
HYPERLINKS TO THIRD PARTY SITES
The Sierra Care Web Site may contain hyperlinks to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Sierra Care and Sierra Care is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sierra Care is not responsible for webcasting or any other form of transmission received from any Linked Site. Sierra Care is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sierra Care of the site or any association with its operators.
MATERIALS PROVIDED TO SIERRA CARE OR POSTED AT ANY SIERRA CARE WEB SITE
Sierra Care does not claim ownership of the materials you provide to Sierra Care (including feedback and suggestions) or post, upload, input or submit to any Sierra Care Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Sierra Care, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Sierra Care is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Sierra Care’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sierra Care Web Site, you warrant to Sierra Care that you will not use the Sierra Care Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sierra Care Web Site in any manner which could damage, disable, overburden, or impair the Sierra Care Web Site or interfere with any other party’s use and enjoyment of the Sierra Care Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sierra Care Web Sites.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SIERRA CARE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SIERRA CARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SIERRA CARE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SIERRA CARE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SIERRA CARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SIERRA CARE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SIERRA CARE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIERRA CARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SIERRA CARE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SIERRA CARE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SIERRA CARE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SIERRA CARE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SIERRA CARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SIERRA CARE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SIERRA CARE WEB SITE.
SERVICE CONTACT: info@sierracare.com
TERMINATION/ACCESS RESTRICTION
Sierra Care reserves the right, in its sole discretion, to terminate your access to the Sierra Care Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of the Sierra Care Web Site. Use of the Sierra Care Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sierra Care as a result of this agreement or use of the Sierra Care Web Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sierra Care with respect to the Sierra Care Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sierra Care with respect to the Sierra Care Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Sierra, LLC (“Sierra Care”) recognizes the importance of protecting personal information we may collect from users of this website (the “Site”). This Privacy and Security Policy (“Policy”) explains how Sierra Care treats personal and aggregate information Sierra Care collects when you use the Site or access Sierra Care’s services, features, or functions (together, “Services”) through the Site. By accessing or using the Site, you acknowledge that you have read and understood this Policy. From time to time, it may be necessary for Sierra Care to change this Policy, so we suggest that you check here periodically. Sierra Care agrees that any changes will not be retroactively applied and will not alter how we handle previously collected information.
What is Personal Information?
Personal information is information that can be directly associated with a specific person or entity, such as a user’s name, address, telephone number, e-mail address, or other information about activities directly linked to that person, such as browsing activity. Personal information also includes information that you choose to provide to us, such as your employment history, resume information, or other information in connection with your pursuit of an employment or mentoring opportunity through the Site. Our definition of personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of users, from which individual user identities have been removed. In other words, information about how you use the Site may be collected and combined with information about how others use the Site, but no personal information will be included in the resulting data. Aggregate data helps us understand trends and user needs so that we can better consider new Site features and tailor existing features to identified preferences.
Collection of Personal Information
Sierra Care collects personal information when you provide it to us, such as when you submit a resume or other information in connection with an employment or mentoring opportunity, when you send e-mails to or otherwise contact our personnel, and otherwise. We also may automatically collect some information when you visit the Site, such as your computer’s IP address, operating system, the site from which you linked to us, the time and date of your visit, and any Services accessed by you. This information is not linked to personal information, but rather is only used to compile aggregate information.
Use and Security of Personal Information
Sierra Care’s policy is to use personal information only for internal purposes and for purposes of processing a request submitted by you. For example, when you post a resume or other personal information in response to an employment or mentoring opportunity, we will use such information to evaluate your eligibility and suitability for any such opportunity and use your contact information to contact you regarding same; when you send us an e-mail inquiring about something you have seen on the Site, we will use your e-mail address to respond to you; and so forth. Sierra Care takes precautions to keep user information disclosed to us secure. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, Sierra Care has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect.
Sharing of Personal Information
Sierra Care does not sell, rent, share, or disclose personal information to third parties without your prior consent, except in the limited circumstances described in this Policy. Sierra Care reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the Site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
Links to Other Sites
We may offer links to sites that are not operated by Sierra Care. If you visit one of these linked sites, you should review its privacy and other policies. We are not responsible for the policies and practices of other entities or organizations.
Cookies
“Cookies” are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies allow the website to remember important information that will make your use of the site more convenient. Like most websites, Sierra Care may use cookies for a variety of purposes in order to improve your online experience with the Site. For example, we track the total number of users to the Site on an anonymous aggregate basis. We may also employ cookies so that we remember you when you return to the Site. We may associate personal information with a cookie file in that instance. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. Click on the “Help” section of your browser to learn how to change your cookie preferences. If you disable all cookies, you may not be able to take advantage of all the features of the Site.
Access
You are in control of any personal information you provide to us via the Site. If at any time, you would like to correct the personal information we have about you or if you would like to change your preferences for contacts from us, you can let us know by contacting us using the contact information listed below. In order to review any personal information we have about you or to ask us to delete that information or to stop further use of the information, please submit your request to info@sierracare.com.
Contact Us
If you have any questions, please contact us at:
Sierra Care, LLC
33221 Globe Drive
Springville, California 93265
