In order to complete your order with this website, you must accept and agree to these terms of service.
- Use of Information. You acknowledge and agree that the information that you will receive from this website or to which you will be provided access, whether through this website (or any affiliated website) or directly, is intended solely for your entertainment purposes, and that the information may not be used except as specifically authorized by this website in writing. Specifically, you represent and warrant that:
You will not use the information that you will receive from this web site (regardless of whether you receive such information directly, from this website or from any affiliated website) to make any investment or other financial decisions, regardless of whether such decisions relating to investing in this website.
- You will not reproduce, republish, rebroadcast, retransmit, recast or in any way distribute the information that will receive from this website (regardless of whether you receive such information directly, from this website or from any affiliated website) anywhere, including without limitation on the Internet (e.g., on other websites, blogs, newsgroups, chat rooms, discussion forums, message boards and social media services such as Twitter, Facebook and MySpace), via instant or text messaging services (Whether Internet- or phone-based), in podcasts, or in any other printed or electronic form, including without limitation radio and television;
- You will not provide or otherwise convey the information that you will receive from this website (regardless of whether you receive such information directly, from this website or from any affiliated web site) to any third parties; and
- You will not attempt to reverse engineer, disassemble or decompile this website (or any affiliate website), or will you create any derivative works based upon this website (or any affiliated website).
You also represent and warrant that you will not use information received from this site for any unlawful purpose, including without limitation any direct or indirect violation of any municipal, local, state, federal or international law. You acknowledge and agree that but for these various representations, this website would not provide you with access to information.
- You acknowledge and agree that payments made for any subscription access to this website (and any affiliated websites) shall be deemed earned in full once you access the subscription-only area of this web site (or any affiliate websites). You further acknowledge and agree that you shall not be entitled to any refund in the event your subscription is terminated, regardless of the reason for termination. You acknowledge and agree that all sales are final, and that there shall be no refunds and no exchanges.
- Account Security. As a user of this website (and any affiliated websites), you may receive or establish an account (“Account”). You acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your Account, and that you are not permitted to let anyone else use your Account. You further acknowledge that you will not reveal your Account information to anyone else or use anyone else’s Account. You also agree to immediately notify this website of any unauthorized use of your Account or any other breach of security.
- Ownership of Intellectual Property. You acknowledge and agree that this website is and shall remain the owner of all rights, title and interest in and to this website (and all affiliated websites) and its content, including without limitation all designs, copyrightable material (regardless of whether such material is copyrightable under the United States Copyright Act, the Beme Union for the Protection of Literary and Artistic Property, the Universal Copyright Convention, and/or any of the laws of any other nation), patentable material (regardless of whether such material is patentable under the laws of the United States and/or any other nation), trademarks and trade dress, droit moral, and confidential and trade secret information (collectively, the “Intellectual Property Rights”), including without limitation all derivatives, improvements, modifications and enhancements thereto, and all intellectual Property Rights associated therewith. You also acknowledge that all of the personalities (including their names and biographies) depicted on this website (and any affiliated websites) were created and are owned by this website.
- Confidentiality. You acknowledge that all of the information you will receive from this website, whether through this website (or any affiliated website) or directly, is confidential and constitutes trade secrets (the “Trade Secrets”). At all times during your use of this website (or any affiliated website), you shall maintain the confidentiality of the Trade Secrets, shall hold the Trade Secrets in strict confidence, and shall not disclose the Trade Secrets to any third party, nor use for any purpose other than as expressly permitted by this website. The obligation to maintain confidentiality shall continue for so long as this website treats the relevant information as being confidential and/or a trade secret.
- Trademarks. You acknowledge that the various trademarks appearing on this website (and on any affiliated websites) are the property of their respective owners, and nothing herein shall be deemed a license or other grant of rights to use such trademarks.
- Reservation of Rights. Nothing herein shall in any way constituted or be deemed a sale or assignment of rights in, or transfer of ownership from this website to you, of any right, title and interest in and to the copyrights, patents, trade secrets, trademarks and other rights associated with this website (and any affiliated websites). All Intellectual Property Rights associated with this website (and any affiliated websites) shall remain this website’s exclusive property. To the extent that your access to the information on this website (or any affiliate websites) is deemed to give rise to an implied license, such license is expressly limited to your personal use of the information consistent with the various restrictions contained herein.
- Additional Representations, Warranties and Acknowledgements. You represent and warrant that you are twenty-one (21) years of age or older. You also acknowledge that the names of the various authors and writers who create content for this website may have been changed to protect their privacy.
- LIMITATIONS OF REMEDIES AND LIABILITY. EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED HEREIN, THIS WEBSITE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING THIS WEBSITE (OR ANY AFFILIATED WEBSITES) AND ANY INFORMATION THAT YOU MAY RECEIVE FROM THIS WEBSITE (WHETHER DIRECTLY, FROM THIS WEBSITE OR FROM ANY AFFILIATED WEBSITE). YOUR ACCESS TO AND USE OF THE INFORMATION ON THIS WEBSITE (OR ANY AFFILIATE WEBSITES) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE LIABILITY FOR YOUR USE OF THIS WEBSITE (AN ANY AFFILIATED WEBSITES) AND ANY INFORMATION CONTAINED THEREIN, AND THIS WEBSITE SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO THE USE OF THIS WEBSITE (OR ANY AFFILIATED WEBSITES). THIS WEBSITE SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF THIS WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
- Difficulty Ascertaining Damages. You acknowledge and agree that your breach of any of the restrictions relating to the information you may receive from this website (regardless of whether you receive such information directly, from this website or from any affiliated website) is likely to cause this website irreparable harm, and that the harm caused may not be readily ascertainable (particularly in circumstances where you have republished or disseminated information in violation of the restrictions contained herein). You further acknowledge and agree that if the harm caused by your breach of the restrictions contained herein is incapable of being ascertained with certainty, then in any court action relating to such breach, this website will be entitled to recover an award of damages of not less than $5,000.00 per instance of disclosure, publication or dissemination of information in violation of these terms of service.
- Indemnification. You agree to defend, indemnify and hold harmless this website, its officers, directors, employees, representatives, agents, subsidiaries, affiliates and customers against any claim (including attorney’s fees and court costs) relating in any way to any claim relating to your use of this website (or any affiliate website), including without limitation, any claim relating to your use of information obtained from this website.
- Termination. You may terminate your subscription at any time prior to its expiration by providing this website’s customer service with notice of your intention to terminate your subscription. However, you acknowledge and agree, consistent with the provisions of Section 2 above, that early termination of your subscription shall not entitle you to a refund. This website shall have the right to terminate your subscription immediately and without prior notice in the event of a breach of any of these terms of service, and this website shall be entitled to retain the balance of any paid subscription.
- Survival. You acknowledge and agree that the restrictions, limitations and remedies contained in Sections 1, 4, 5, 6, 9 and 10 shall survive termination of these terms of service and/or your relationship with this website.
You represent that you have read and understood these terms of service, and that you agree to be bound by these terms of service.
What personally identifiable information of yours is collected through this website; the organization collecting the information; how the information is used; with whom the information may be shared; what choices are available to you regarding collections, use and distribution of the information; the kind of security procedures that are in place to protect against the loss, misuse or alteration of information under 5starpicks.net control; and how you can correct any inaccuracies in the information.
“Cookies” are files stored on your computer’s hard drive by your browser. These cookies help us identify our account holders and optimize their shopping experience. They do not include any data that will identify you personally. They will, however, allow you to use some specialized www.5starpicks.net features. Cookies also allow us to hold selections in your shopping cart when you leave our site without checking out. Most browsers accept cookies automatically, but allow you to disable them if you wish. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here.
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From time to time, we will contact you about sales, special offers and new site features if you agreed to be included in our email lists when you completed a purchase transaction with us. To customize the information you want to receive from us, simply sign in and select the specific information you wish to receive. To cancel our free emails, you can unclick the “I would like to receive emails about special promotions” box each time you make a purchase. You can also respond to any promotional email we send you, placing “REMOVE” in your subject line to discontinue email service.
We use Secure Socket Layer (SSL) encryption technology to protect your personal information. The only time you are required to sign on our site is when you are making a purchase. On the Checkout page, you will be asked to access your existing account or create a new one. Existing account holders are prompted for their ID (your email address) and password. This password is for your protection. If you don’t have your password, there is a link that reads “Lost your password?” Click on this for instructions on how to get your password.
If we are going to use your personally identifiable information in a manner different from that stated at the time of collection we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our website notifying users of the change. In some cases where we post the notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
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