Welcome to Sierra Madre Traders!
Sierra Madre Traders and its affiliates provide their services to you subject to
the following conditions. If you visit or shop at Sierra Madre Traders, you
accept these conditions. Please read them carefully. In addition, when you use
any current or future Sierra Madre Traders service or visit or purchase from any
business affiliated with Sierra Madre Traders, whether or not included in the
Sierra Madre Traders Web site, you also will be subject to the guidelines and
conditions applicable to such service or business. Other vital information
regarding this site and how we do business can be found under the “Shipping &
Returns” and “Privacy Notice” links on this site.
PRIVACY
Please review our Privacy Notice, which also governs your visit to Sierra
Madre Traders, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Sierra Madre Traders or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of Sierra Madre Traders or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of Sierra Madre Traders and
protected by U.S. and international copyright laws. All software used on this
site is the property of Sierra Madre Traders or its software suppliers and
protected by United States and international copyright laws.
Sierra Madre Traders grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of Sierra Madre Traders.
This license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Sierra Madre Traders. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Sierra Madre
Traders and our affiliates without express written consent. You may not use any
meta tags or any other "hidden text" utilizing the Sierra Madre Traders name or
trademarks without the express written consent of Sierra Madre Traders. Any
unauthorized use terminates the permission or license granted by Sierra Madre
Traders. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of Sierra Madre Traders so long as the link does
not portray Sierra Madre Traders, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter. You may not
use any Sierra Madre Traders logo or other proprietary graphic or trademark as
part of the link without express written permission.
YOUR ACCOUNT WITH US
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. Sierra Madre Traders does sell products for
children, but it sells them to adults, who can purchase with a credit card or
other financial instrument. If you are under 18, you may use Sierra Madre
Traders only with involvement of a parent or guardian. Sierra Madre Traders and
its affiliates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
COMMUNICATIONS AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the origin
of a card or other content. Sierra Madre Traders reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review posted
content.
If you do post content or submit material, and unless we indicate otherwise, you
grant Sierra Madre Traders and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant Sierra Madre Traders
and its affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify Sierra Madre Traders or its affiliates for all claims resulting from
content you supply. Sierra Madre Traders has the right but not the obligation to
monitor and edit or remove any activity or content. Sierra Madre Traders takes
no responsibility and assumes no liability for any content posted by you or any
third party.
RISK OF LOSS
All items purchased from Sierra Madre Traders are made pursuant to a
shipment contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Sierra Madre Traders and its affiliates attempt to be as accurate as
possible. However, Sierra Madre Traders does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. In the event a product is listed at an incorrect price
or with incorrect information due to typographical error or error in pricing or
product information received from our suppliers, Sierra Madre Traders shall have
the right to refuse or cancel any orders placed for the product effected. Sierra
Madre Traders shall have the right to refuse or cancel any such orders whether
or not the order has been confirmed and your account charged. If your account
has already been charged for the purchase and your order is cancelled, Sierra
Madre Traders shall immediately issue a credit to the account from which you
originally submitted payment for the amount of the charge.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SIERRA MADRE TRADERS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. SIERRA MADRE TRADERS MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIERRA MADRE TRADERS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIERRA MADRE
TRADERS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SIERRA
MADRE TRADERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIERRA MADRE
TRADERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Sierra Madre Traders, you agree that the laws of the state of
Arizona, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you and
Sierra Madre Traders or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Sierra Madre Traders or to
products you purchase through Sierra Madre Traders shall be submitted to
confidential arbitration in Tucson, Arizona, except that, to the extent you have
in any manner violated or threatened to violate Sierra Madre Traders
intellectual property rights, Sierra Madre Traders may seek injunctive or other
appropriate relief in any state or federal court in the state of Arizona, and
you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator award shall be binding and may
be entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also
govern your visit to Sierra Madre Traders. We reserve the right to make changes
to our site, policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
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