TERMS AND CONDITIONS
(General Terms and Conditions of Use)
Terms and Conditions.
Please also read this User Agreement carefully, because by visiting or using the FiveStar Site or by configuring appliances and/or other products on this Site, you are agreeing to be legally bound by the terms and conditions contained herein and to follow its rules. Thus, the terms and conditions of this User Agreement are to be the legal equivalent of a signed, written contract that is mutually binding, and that you, the user, agree to such terms and conditions. If you do not agree with the terms and conditions of this User Agreement, you are instructed not to use the FiveStar Site.
The terms and conditions of this User Agreement may be altered or updated at any time without notice. FiveStar may also, without notice, make improvements and/or changes in the products described in information on this Site. Your continued use of the Site after any of its terms and conditions have been updated or changed constitutes your, the user, acceptance of the amended User Agreement.
FiveStar reserves the right to terminate, revise, remove, suspend or discontinue any aspect of the Site, including the availability of any features at any time. FiveStar may remove, modify or otherwise change any content, including that of third parties, on or from the Site. FiveStar may limit certain features and services or restrict access to parts or to the entire Site without notice or liability.
Legal Notice. The information contained in this Site is not intended to be, and should not be construed as, legal and/or other professional advice. You are advised to consult with your own professional legal advisors before relying on any content or information contained in this Site.
Intellectual, Copyright and Trademark Property Rights. This FiveStar Site is protected by applicable law, including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, FiveStar does not grant any express or implied right(s) to users of this Site. FiveStar actively protects its intellectual property rights. The contents of this Site are © 2007 Brown Stove Works, Inc. All Rights Reserved. Removing or altering the copyright notice is strictly prohibited on any material on this Site. Brown Stove Works, Inc. also owns a copyright in the Site as a collective work.
Grant of License. Users of this Site may download and/or print one copy of any and all materials from the Site solely for personal, noncommercial use, provided that you do not modify the materials in any way, nor delete or change any copyright or trademark. Except as expressly provided above, users may not copy, reproduce or publish any information or material on this Site. All hard copies must contain all copyright and other applicable notices contained in, or applicable to, such materials and information.
All material on this Site is provided for lawful purposes only. To receive permission to use materials and information beyond the stated scope of the license granted herein, please contact: FiveStar Customer Service at P.O. Box 2490, Cleveland, TN 37320-2490 or by calling us at 423.476.6544.
Third Party Content. This Site may contain materials, data or information provided or posted by third parties, including but not limited to postings in online community discussions. You, the user, agree that FiveStar shall not have any liability whatsoever to you for any such third party material, data or information. If you believe that any materials on this Site infringe on copyright or intellectual property interest, notify FiveStar with a description and location of the material you claim is infringing on this Site.
Submissions to the FiveStar Web site. FiveStar welcomes your submissions; however, any non-personal information that you submit to FiveStar through this Site shall not be considered or treated as confidential information. Information submitted will be the exclusive property of FiveStar. FiveStar does not receive the submission under any confidential or fiduciary relationship. FiveStar may use the submission for any purpose without restriction or compensation.
Online Communities User Conduct. This Site may contain areas where you may post comments with other Site users. By using this Site, you agree that you will not post unlawful, racist, threatening, obscene or offensive comments or materials. You agree that any materials posted or submitted by you do not infringe on third party copyrights, trademark or intellectual property rights. FiveStar reserves the right to remove any material it deems objectionable without notice to the user.
Links from Other Web Sites. All links to the FiveStar Site must be approved in writing by FiveStar prior to linking to the FiveStar Site. FiveStar typically consents to links which direct a user to the Home page of the Site and not into deeper pages within the Site. All links may not alter the appearance of the FiveStar Site or imply a partnership with FiveStar. FiveStar reserves the right to revoke consent to a link at its sole discretion. Upon receiving permission from FiveStar, you may link to the home page of the Site as long as the link does not cast us in a false or misleading light and provided you notify us in writing when you have done so. Please let us know if and when you link to the Site by contacting us at: firstname.lastname@example.org.
You may not frame the content of the FiveStar Site. You may not use metatags or any other "hidden text" that incorporates the FiveStar trademarks or FiveStar’s name without our express written consent.
FiveStar does not make any warranty that this Site’s content will meet your requirements, or that this Site will remain uninterrupted, secure or free from errors, nor does FiveStar make any warranty as to the results that may be acquired from using this Site. Any reliance on any opinion, advice or information shall be at your own risk. Disclaimer and Limitation of Liability
THIS WEB SITE AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE "CONTENTS") ARE PROVIDED ON AN "AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. FIVESTAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB SITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS MAY BE EXPRESSLY STATED ON THIS WEB SITE, NEITHER FIVESTAR IT NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OTHER AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE INFORMATION OR CONTENTS AVAILABLE FROM THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. THE CONTENTS OF THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE. FIVESTAR MAY MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THIS SITE, THE CONTENTS HEREOF, AND THE PRODUCTS AND APPLIANCE DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
Some states and/or jurisdictions do not allow the exclusion of certain warranties or liabilities, some of the above exclusions may not apply.
Configured appliances on this Site, including specifications, prices, features and colors thereof, may not be a definite representation of the actual appliance and/or product. All information and appliances are subject to change without notice.
We reserve the right to terminate access to or use of the FiveStar Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.
Governing Law. This User Agreement will be governed by the laws of the State of Tennessee applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State and Tennessee, Bradley County, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
®Registered/Trademark™ of Brown Stove Works Incorporated. All contents © 2007 Brown Stove Works Incorporated. All Rights Reserved.
This is the web site of http://www.fivestarrange.com.
Our corporate office mailing address is: P.O. Box, 2490, Cleveland, TN 37320-2490.
We can be reached via e-mail at email@example.com, or you can reach us by telephone at 423-476-6544.
For each visitor to our Web site, our Web server automatically recognizes the consumer's IP address.
We collect aggregate information on what web pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations.
The information we collect is used to improve the content of our Web site, to customize the content and/or layout of our site for each individual visitor, and by us to contact consumers for marketing purposes.
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, send an email to firstname.lastname@example.org with your request.
If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail to email@example.com, calling us at the above telephone number, or writing to us at the above address.
If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending an e-mail to firstname.lastname@example.org, calling us at the above telephone number, or writing to us at the above address. Please be sure and provide us with your exact name and address.
Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line. Please be sure and supply us with your exact name and address.
With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt-out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically. Customers may prevent their information from being used for purposes other than those for which it was originally collected by sending an e-mail to email@example.com, calling us at the above telephone number, or writing to us at the above address.
Upon request we provide site visitors with access to unique identifier information (e.g., customer number or password) that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, and contact information (e.g., name, address, phone number) that we maintain about them. Consumers can access this information by sending an e-mail to firstname.lastname@example.org, calling us at the above telephone number, or writing to us at the above address.
Upon request we offer visitors the ability to have inaccuracies corrected in contact information. Consumers can have this information corrected by sending an e-mail to email@example.com, calling us at the above telephone number, or writing to us at the above address.
With respect to security: When we transfer and receive certain types of sensitive information such as financial or health information, we redirect visitors to a secure server and will notify visitors through a pop-up screen on our site, We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.