Term & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Five Star Christmas Tree Company. The collective work includes works that are licensed to Five Star Christmas Tree Company. Copyright 2009-2010, Five Star Christmas Tree Company, ALL RIGHTS RESERVED. Five Star Christmas Tree Company does not investigate to determine if such works are accurate nor can Five Star Christmas Tree Company provide assurance that all such works are free of typographical errors. Five Star Christmas Tree Company cannot guarantee information displayed on the site to be 100% accurate. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Five Star Christmas Tree Company or purchasing Five Star Christmas Tree Company products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Five Star Christmas Tree Company or to purchase Five Star Christmas Tree Company products. No mechanized or other systematic process for harvesting information from the website for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Five Star Christmas Tree Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Five Star Christmas Tree Company used in the site are trademarks or registered trademarks of Five Star Christmas Tree Company
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIVE STAR CHRISTMAS TREE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FIVE STAR CHRISTMAS TREE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIVE STAR CHRISTMAS TREE COMPANY DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PRODUCTS PURCHASED ON THE FIVE STAR CHRISTMAS TREE COMPANY WEBSITE ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ELSEWHERE ON THIS SITE. FIVE STAR CHRISTMAS TREE COMPANY MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PRODUCTS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PRODUCTS ARE BEING SOLD FOR ORNAMENTAL AND DECORATIVE USE ONLY. THE USE OF PRODUCTS FOR ANY OTHER REASON MAY BE HARMFUL AND/OR ILLEGAL. FIVE STAR CHRISTMAS TREE COMPANY ASSUMES NO LIABILITY WITH REGARD TO PERFORMANCE OF THE PRODUCTS, OR FOR THE MISUSE OR MISPLACEMENT IN YOUR HOME OF THE PRODUCTS, OR FOR ANY MOLD, PESTS, OR FIRE HAZARDS ARISING OUT OF YOUR USE OF THE PRODUCTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AND RELEASES FIVE STAR CHRISTMAS TREE COMPANY FROM ALL LIABILITY.
Shipping & Handling; Orders
Five Star Christmas Tree Company will deliver or ship products according to the shipping & handling option selected by you at checkout. Five Star Christmas Tree Company reserves the right to change the shipping options as needed. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Five Star Christmas Tree Company reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Limitation of Liability
FIVE STAR CHRISTMAS TREE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF FIVE STAR CHRISTMAS TREE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that a Five Star Christmas Tree Company product is mistakenly listed at an incorrect price, Five Star Christmas Tree Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Five Star Christmas Tree Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Five Star Christmas Tree Company shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be modified or terminated by Five Star Christmas Tree Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all events survive any termination of these terms and conditions.
Five Star Christmas Tree Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Five Star Christmas Tree Company.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Five Star Christmas Tree Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Use of the site for any illegal or unauthorized purpose is strictly prohibited. Five Star Christmas Tree Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
You understand and agree that Five Star Christmas Tree Company cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. Five Star Christmas Tree Company is under no circumstances liable in any way for any content posted on the site or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the site by users.
Five Star Christmas Tree Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Five Star Christmas Tree Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Five Star Christmas Tree Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Five Star Christmas Tree Company in its sole discretion.
You agree to indemnify, defend, and hold harmless Five Star Christmas Tree Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any content you post to or make available on the site, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
You acknowledge and agree that Five Star Christmas Tree Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Five Star Christmas Tree Company, Five Star Christmas Tree Company users, and the public. You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Notwithstanding anything to the contrary in these terms and conditions, with respect to content you submit or make available for inclusion on the site, you grant Five Star Christmas Tree Company the permanent world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the site for any purpose.
In an attempt to provide increased value to our visitors, Five Star Christmas Tree Company may link to sites operated by third parties. However, even if the third party is affiliated with Five Star Christmas Tree Company, Five Star Christmas Tree Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Five Star Christmas Tree Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Five Star Christmas Tree Company seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).