Terms
of Use
IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS PRIOR
TO USING THIS WEB SITE. THESE TERMS AND
CONDITIONS APPLY TO ALL MOSTLYFIVES.COM VISITORS AND USERS. YOUR USE OF THIS WEB SITE CONFIRMS YOUR
UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.
Web Site Use
The design
of this web site and all of the context, graphics, information, text and other
materials displayed are property of MostlyFives.com (the “Site”). This property may not be used except with
prior written permission of the owner of the materials. You may not modify the information or
materials displayed in any manner. You
may not copy, create derivative works from, distribute, perform, publish,
reproduce, sell, license or otherwise exploit this web site. Any unauthorized use of the information or
materials is prohibited. In such event,
we may inform your Internet service provider of your activities.
Linking to this Web Site
You may not
create or maintain any link from another web site to any page on this web site
without prior written permission. You
may not run or display this web site or any
information from this web site in frames or through similar means on another web
site without prior written permission.
Any permitted links to this web site must comply with all applicable
laws, rules and regulations.
Third Party Links
Periodically,
links may be established from this site to one or more external web sites or
resources operated by third parties.
These links are provided for your convenience only. We do not control and are not responsible for
the content or privacy policies of any linked web site, and the inclusion of
any line on the Site does not imply our endorsement of it.
Accuracy of Information
We strive
to accurately describe every product offered for sale; however, mistakes can
sometimes be made. We reserve the right
to change prices, terms, specifications, warranties and availability without
notice. Any typographical, photographic,
or specification error in product description, pricing or offers is subject to
verification and correction.
User Information
Other than
personal identifiable information, which is subject to this Web Site’s Privacy Policyyou agree that we may use any
comments, information or ideas contained in any communication you may send to
us, without compensation, acknowledgement or payment to you for any purpose
whatsoever, including, but not limited to, developing, manufacturing and marketing
products and services and creating, modifying or improving the Site or other
products or services.
User Conduct
You shall
NOT do any of the following: (a) attempt to modify or “hack” this web site; (b)
access any area on the web site which you are not specifically authorized to
access; (c) interfere with, restrict or inhibit any other user from the use and
enjoyment of this web site; (d) impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation with a person or entity; (e)
collect or harvest personal information about other users of this web site; and
(f) jeopardize the operation of computer systems owned by
Mostly Fives or any of its affiliates.
DISCLAMIERS
YOUR USE OF
THIS SITE IS AT YOUR RISK. THE INFORMATION
MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS
IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. NEITHER MOSTLY FIVES, ITS SUPPLIERS, NOR ANY OF
THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES
PRODUCED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER
MOSTLY FIVES, ITS SUPPLIERS, NOR ANY
OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY
TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
ALL
PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO
ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND
SUPPLIESR, IF ANY. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE
PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR
FAILURES, CLAIMS THAT ARE DUE TO
LIMITATIONS OF LIABILITY
Mostly Fives does not assume any responsibility,
nor will it be liable, for any damages to, or any viruses that may infect, your
computer, telecommunication equipment, or other property caused by or arising
from your access to, use of, or browsing this web site, or your
downloading of any information or materials from this web site. IN NO EVENT SHALL MOSTLY FIVES, ITS RELATED
COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS
WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION
OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
IN THE
EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON
OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCT OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH
SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT
IN ACCORDANCE WITH THE RETURN/EXCHANGE POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms of Use
These Site
Terms of Use may be revised at any time by updating this posting. You should visit this page periodically, to
review the current Site Terms of Use because they are binding to you. Certain provisions of these Site Terms of Use
may be superseded by legal notices or terms located on particular pages of this
web site. Your continued use of this web
site after any changes to these terms and conditions are posted will be
considered acceptance of those changes.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the State of Tennessee, without regard to conflicts of law rules. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed in the court located in Memphis /Shelby County. You hereby irrevocable and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
Severability
If any
provision of these Terms of Use shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
Terms of Use and shall not affect the validity and enforceability of any
remaining provisions.
Termination
We reserve the right in our sole discretion to terminate or restrict your use of this site, without notice, for any reason and without liability to you or any third party.