Terms & Agreements
Deal of the Day
Welcome to www.5stardeal.com. By using our site, you are agreeing to comply with and
be bound by the following terms of use. Please review the following terms carefully.
If you do not agree to these terms, you should not use this site. The term “I” or
“us” or “we” or “our” refers to www.www.5stardeal.com, the owners, affiliates and operators
of the Web site. The term “you” refers to the user or viewer of our Web Site.
Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Terms
of Use") with respect to our site (“www.5stardeal.com”). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by us from time
to time without specific notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site.
Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information and materials.
Some of the content on the site is the copyrighted work of third parties.
Service Marks.
"www.5stardeal.com" and others are our service marks or registered service marks or
trademarks. Other product and company names mentioned on the Site may be trademarks
of their respective owners.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access
and use the Site strictly in accordance with this Agreement; (b) to use the Site
solely for internal, personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its contents may be
used by you in any litigation or arbitration matter whatsoever under any circumstances.
Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure,
by framing or otherwise, advertisements, the copyright notice, or other notices
on the Site, (b) your site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately upon request by
us.
Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is accurate
and complies with applicable laws. We are not responsible for the illegality or
any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Registration.
Certain sections of, or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate, complete registration
information. Your registration must be done using your real name and accurate information.
Each registration is for your personal use only and not on behalf of any other person
or entity. We do not permit (a) any other person using the registered sections under
your name; or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the Site.
Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history, posted materials,
IP addresses and traffic information.
Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors,
employees, subcontractors, successors, assigns, third party suppliers of information
and documents, attorneys, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right
given to you to obtain information or documents is not transferable or assignable.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable there-from, (b) the
unavailability or interruption of the Site or any features thereof, (c) your use
of the Site, (d) the content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants
will apply to you while on any Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors and
neither party has authority to make any representations or commitments on behalf
of the other.
Payments.
You represent and warrant that if you are purchasing something from us or from Merchants
that (i) any credit information you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on
the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
f. 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can
be reached by directing an e-mail to the Copyright Agent at support@www.5stardeal.com
Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the Content and Materials
provided therein.
Refund and Return Policy.
Though we would never intentionally sell a defective product it's not unheard of
inadvertently sending one or two item that simply don't work. All Dead On Arrival
(DOA) products that are defective upon delivery are returnable to us within 21 days.
In order to return a defective product please email support@www.5stardeal.com for a
RMA form and return instructions. If however the product becomes defective after
delivery or because of normal use that would be something to contact manufacturer
concerning possible repair or replacement. We apologize in advance if an item is
of faulty quality from the manufacturer. We will do what we can to help you deal
with that should that problem arise. We certainly hope it does not.
Because our deals are only for one day and they're priced very low, we do not accept
returns. If you think you may have ordered more than you need why not sell the item
on Ebay you may even make a few extra bucks for yourself on the side.
Disclaimer Regarding Information
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFOMRATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR
SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON,
AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED
TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS
OF DAMAGES ET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS.
NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY,
ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF
THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by viruses contained within
the electronic files of this site are disclaimed. All terms and conditions with
respect to this site is governed by the above Terms of Service Agreement.