TERMS & CONDITIONS OF USE
5STARKITCHENBATH.COM Terms and Conditions of Use
Last Revised: 01/5/2018
This page outlines the terms and conditions (referred to as “Terms and Conditions” or “Agreement”) relating to your use and the use by all visitors and users of the www.5STARKITCHENBATH.COM Web site (the “Site”). By accessing and browsing the Site you accept and agree to be bound by these Terms and Conditions. 5-Star Kitchen and Bath (“5STARKITCHENBATH.COM”) reserves the right to change, add, delete, or modify any of the Terms and Conditions without prior notice to you. Please carefully read this Agreement before using this Site and review this page before each use to be aware of the then current Terms and Conditions to which you are bound. Please scroll down to review the entire agreement.
Use of this Site:
Without limiting the generality of any other terms of this Agreement, you agree not to, and not to facilitate any other individual or entity to: download, modify, reproduce, reverse engineer, adapt, publicly display, license, sell, rent, create derivative works , or in any way commercially exploit any portion of this Site, except to the extent expressly permitted under this Agreement; reformat or frame any portion of any Web pages that are part of this Site; use this Site to violate security of or gain unauthorized access to any computer, device, or computer network; submit to this Site any content that implies or states falsely that such content is endorsed or sponsored by 5STARKITCHENBATH.COM; remove any copyright, trademark or other proprietary rights notice contained in or on the Site. You may, however, download copies of the materials on this site (without modifying any content or notices regarding copyrights, trademarks, or otherwise) solely for your personal non-commercial use.
Disclaimer/Limitation of Liability:
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OF ANY USER CONTENT, SERVICES, INFORMATION, ADVICE PRODUCTS, AND OTHER MATERIALS CONTAINED OR DESCRIBED ON THIS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT SUCH MATERIALS AND INFORMATION ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THIS SITE, PRODUCTS, AND OTHER MATERIALS AND INFORMATION DESCRIBED OR CONTAINED ON THIS SITE. THE DISCLAIMERS IN THE PREVIOUS SENTENCE APPLY TO, AND ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PERTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. THERE IS NO WARRANTY THAT THIS SITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ASPECTS. NO ADVICE OR INFORMATION, OBTAINED FROM 5STARKITCHENBATH.COM BY ANY USER OF THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE TO INDEMNIFY AND HOL.D HARMLESS 5STARKITCHENBATH.COM ITS CONTRACTORS, ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT.
Submission of Information:
5STARKITCHENBATH.COM welcomes your feedback regarding this Site and/or our products. However, 5STARKITCHENBATH.COM does not want to receive any confidential, trade secret or proprietary information from you or any business or legal entity you are associated with through this Site, with the exception of your credit card and related billing information. Any opinions you submit via this Site will be deemed NOT to be confidential or proprietary. Anything you submit, with the exception of credit card and related billing information, will be deemed non-confidential and may be used by 5STARKITCHENBATH.COM or its affiliates for any purpose. Although we ask that you do not send us unsolicited information, 5STARKITCHENBATH.COM is free to use any ideas, concepts, know-how, inventions or techniques contained in any communication you send to the Site for any purpose, including without limitation developing manufacturing, and marketing products through the use of such information.
All intellectual property appearing on the Site, including, but not limited to, all trademarks, service marks, trade names, trade dress, copyrights, images, illustrations, graphics, logos, text and layout and design of this Site is owned or licensed by 5STARKITCHENBATH.COM Nothing contained on this Site shall be deemed as granting by implication, estoppel or otherwise, any license or right to any patent, trademark or copyright of 5STARKITCHENBATH.COM or its licensors, or to use the intellectual property of 5STARKITCHENBATH.COM displayed on this Site without the express written permission of 5STARKITCHENBATH.COM
Other Site Links:
5STARKITCHENBATH.COM may provide links to other internet sites for your convenience. Access to any other internet site linked to this Site is at the user’s own risk, and 5STARKITCHENBATH.COM is not responsible for the content, accuracy or reliability of any information, data, opinions, advice or statements made on any such sites. The inclusion of any such sites does not imply any endorsement. You acknowledge that when you click on a link that leaves a 5STARKITCHENBATH.COM Site, the site you are entering is beyond the control of 5STARKITCHENBATH.COM If you decide to access any of the sites linked to this Site you do so entirely at your own risk.
Limitation on Liability:
IN NO EVENT SHALL 5STARKITCHENBATH.COM OR THEIR RESPECTIVE AFFILIATES, OR THE DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SHAREHOLDERS OR ANY OF THEIR RESPECTIVE REPRESENTATIVES, BE LIABLE TO YOUR OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF DATA, SPECIAL, PUNITIVE, BUSINESS INTERRUPTION, FOR LOSS OF PROFITS, REVENUE OR GOODWILL) ARISING OUT OF THE USE OF, ACCESS TO, UNAVAILABILITY OF, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY SERVICES, PRODUCTS, USER CONTENT, REVIEWS, ADVICE, AND OTHER MATERIALS OR INFORMATION DESCRIBED OR CONTAINED IN THIS SITE, OR THE MISUSE OR DISCLOSURE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. 5STARKITCHENBATH.COM TOTAL MAXIMUM LIABILITY, IN ANY EVENT, SHALL BE LIMITED TO ($50.00), NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
These Terms and Conditions shall be governed by and interpreted according to the laws of the State of California without regard to any conflict of law provisions. If any portion of these Terms and Conditions is unlawful, void or unenforceable, it shall not affect the validity or enforce-ability of any other provision.
5STARKITCHENBATH.COM may terminate your access to all or any part of the Site at any time, with our without cause, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by 5STARKITCHENBATH.COM if you breach this Agreement and fail to cure such breach within seven (7) days from 5STARKITCHENBATH.COM’s notice to you; provided that, 5STARKITCHENBATH.COM can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty and liability disclaimers, and indemnity.
These Terms and Conditions are deemed accepted by you upon your use of this Site, and they constitute the entire Agreement among you and 5STARKITCHENBATH.COM regarding use of this Site. Any failure by 5STARKITCHENBATH.COM to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of the enforcement of such right or provision. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force, effect, and be enforceable. The headings in this Agreement are for convenience only and have no legal or contractual effect. These Terms and Conditions include and incorporate by reference the 5STARKITCHENBATH.COM Site Privacy Statement. Please contact us with any questions regarding this Agreement, at SALES@5STARKITCHENBATH.COM
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