Last Updated 17 March 2025

Terms of Use

Please review these basic terms for use of www.38Sierra.co and its related sites (collectively, the “Website” or “Websites”). By using the Website, you agree to follow and be bound by these Terms of Use (collectively, the “Terms”). If you do not agree with any of these Terms, please do not use the Websites. We may change these Terms at any time. By using the Website after a change, you agree to follow and be bound by the Terms as changed. Accordingly, please review these Terms regularly. Throughout these Terms, “38S”, “we”, “us”, and “our” refer to 38 Sierra LLC and its parents, subsidiaries, and its affiliated entities.

The illegality of or unenforceability of any provision of these Terms of Use shall not affect the validity and enforceability of any legal and enforceable provisions of these Terms of Use.

Accessibility

38S is committed to providing a website that is accessible and navigable to all consumers. To that end, we actively work to assess and increase the accessibility and usability of our websites, using available standards and guidelines to assist in our efforts. We use the guidelines of the Web Accessibility Initiative (www.w3.org/WAI/standards-guidelines/wcag/) as a model. These guidelines describe how to make web content more accessible to individuals with disabilities. We regularly review our site in comparison to these guidelines using recognized accessibility evaluation tools. Ultimately, conformance with these guidelines will help make the web more user-friendly for all of our customers.

While we strive to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website, at all times. Should you experience any difficulty in accessing areas of the site, please don’t hesitate to contact us at sales@38Sierra.co

Online Purchases And Other Terms And Conditions

All purchases made through our Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you to the Website are governed by the following Product Terms of Sale, which are hereby incorporated into these Terms of Use.

All pricing is subject to change without notice. Typographic, photographic, and descriptive errors are subject to correction. We reserve the right to limit product quantities.

Intellectual Property

The Website and its entire contents, features, and functionality (including by not limited to all information, text, displays, images, icons, video, and audio, and the design, selection, and arrangement thereof), are owned by 38 Sierra LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit personal, non-commercial, use of the Website only. You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Website, unless otherwise permitted to do so by law or by written consent from 38S. Nothing in the Terms transfers to you any right, title or interest in any content on the Website, including any intellectual property or content of third parties included on the Website. You must not access or use any part of the Website, or materials available through the Website, for commercial purposes.

If you wish to use any material on the Website, please submit a request via email: sales@38Sierra.co. Consent and/or permission can be granted or withheld at the sole discretion of 38S. Failure to respond to any request, does not constitute consent or permission.

Trademarks

38 Sierra™ as well as most other product names and logos used by 38S on this website are trademarks of 38 Sierra LLC. These include all products, logos, phrases denoted with ™ and all related names, designs and slogans. Trademarks of other parties are identified whereever possible and 38S acknowledges their rights.

Copyright and Usage of Content

The copyrights and other rights to the materials on our Website, or other 38S owned or operated platforms (i.e. blogs, social media accounts, etc.), are owned by 38S. No further publication or commercial use may be made of these materials without the express written permission of 38S.

Copyright Infringement Complaints

If you believe that your work has been improperly copied and posted on this Website, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give 38S legally sufficient notice of infringement. Send copyright infringement complaints to: sales@38Sierra.co.

Website Contents And Technologies

38S does not provide the technologies used to build our Website and, therefore, we neither recommend nor endorse these technologies. Any information regarding identified technologies, including their capabilities, limitations, and applications, should be sought directly from their manufacturers. We hereby disclaim any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests of third parties. The downloading or export of software or technical data from this Website to any other jurisdiction may be a violation of the United States export laws and is strictly prohibited.

38S assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Websites or your downloading of any materials, data, text, images, video, or audio from the Websites.

Submission Of Product Ideas Or Information

Please see our Privacy Policy for general information regarding the use of this Website. With regard to the submission of information to 38S, please note that 38S does not want to receive confidential or proprietary information, including product ideas, from you through this Website or otherwise unless you have another written agreement with 38S related to the sharing of such information. Any information that 38S receives from you through this Website, must comply with all applicable federal, state, local and international laws and regulations, and, other than your personally-identifiable information that is encompassed by the terms of our Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY. BY TRANSMITTING NON-CONFIDENTIAL AND/OR NON-PROPRIETARY INFORMATION VIA THIS WEBSITE OR OTHERWISE WITHOUT A WRITTEN AGREEMENT WITH 38S RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT 38S MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU.

User Generated Content And Product Reviews

We at 38S, welcome your comments and submissions regarding our company, products, Website, blog, marketing content (social media and podcasts), and/or services, which might include personal information about you and your use of the Website or 38S products. Please review our Privacy Policy for more information.

As a condition to your submission of any comments, reviews, photos, or other material, including social media posts associated with hashtags (“#”) related to 38S (“User-Generated Content”), you agree to grant 38S an irrevocable, royalty-free, worldwide, and non-exclusive license to use, reproduce, distribute, publish, display, and create derivative works of the User-Generated Content, in any media now or hereafter known. 38S may display your User-Generated Content for other users to see, together with your name and associated social media account profile, if applicable.

38S may request to use or display the User-Generated Content you post on Facebook, Twitter, Instagram, or Pinterest by sending you a direct message. By responding to our message, you grant us permission to use your User-Generated Content and agree to be bound by these Terms.

You understand, agree, represent and warrant that: 1) such User-Generated Content may be used on the Website and/or other 38S maintained websites, marketing materials, or social media pages; 2) you are 18 years of age or older and have the full power and authority to submit the User-Generated Content and grant the licenses herein; 3) the User-Generated Content will not violate anyone else's right, including copyright, trademark, privacy or other rights; and 4) your User-Generated Content complies with all applicable laws, rules and regulations, as well as any applicable third-party agreements, including without limitation Instagram, Facebook, Twitter, Pinterest, TicToc and Vine’s Terms of Use. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane, or otherwise unlawful, obscene or objectionable material, as determined by, and in the sole discretion of, 38S. You will be solely responsible for the content of any submissions you might make.

38S has the right to remove or refuse to post any User-Generated Content for any or no reason, in its sole discretion. 38S cannot review all material before it is posted on the Website, or ensure prompt removal of objectionable material after it has been posted. Accordingly, 38S is not responsible or liable for the content or information that others post or transmit to the Website, for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity or other objectionable material contained in any such information, or for the conduct of any Website user.

Links To Other Websites

Any links contained on the Website to outside websites are provided only as a convenience. All use of outside links is at your sole risk. If you have any concerns regarding any outside site linked to or from the Website, please direct them to the owner or operator of the outside site. 38S is not responsible for any outside sites, services, or other materials linked to or from the Website, and we disclaim all liability for any injury you might experience by using such materials. You may not create hyperlinks to this Website, nor may you use any "framing" or similar techniques to enclose any portion of this Website without 38S’s prior written consent.

Disclaimer

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU "AS IS," FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL 38S BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF 38S IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Additionally, 38S makes no representations or warranties whatsoever about any other website which you may choose to access through this Website. Links provided by 38S to such websites are provided solely for your convenience and should not be deemed to imply that 38S endorses those websites or any content therein.

Indemnification

You agree to defend, indemnify and hold 38S (along with its directors, officers, employees, and agents) harmless from and against any claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Website (including User-Generated Content) or your violation of any of these Terms.

Miscellaneous

This Website is controlled and operated by 38S, from our offices in Barboursville, Virginia. Unless otherwise specified, 38S displays this Website and its contents solely to market and promote products and services in the United States and make no claims as to its accessibility outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. Should you choose to access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with local laws.

These Terms shall be construed according to Virginia law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the contents of the Website, the use of the Website, or products or services purchased using this Website, shall be resolved exclusively by the state and federal courts of the State of Virginia. Your use of the Website constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.

These Terms, together with the Privacy Policy, are the entire agreements between you and 38S relating to the Website or its contents. Any other agreements are superseded and have no force or effect.

Termination

Your failure to comply with these Terms automatically revokes your authorization to use the Website and terminates any and all rights granted to you under the Terms. The restrictions, including restrictions with respect to its content, disclaimers, and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all content downloaded or obtained from this Website, as well as all copies of content.