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 NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATON.  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.

 

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.