This document explains the terms and conditions for using 5Tï¿½s website. Please read this document carefully before using the website or establishing a customer account with 5Tï¿½s. By using 5Tï¿½s website, establishing an account, or completing a purchase, you thereby acknowledge that you have read this document, understand it and agree to be bound by its terms and conditions.
While 5Tï¿½s cannot prevent children under 18 years of age from viewing our website, children under 18 may not use or register for the services offered on our website or purchase merchandise. 5Tï¿½s encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.
http://www.5ts.com/ is a trademark of 5Tï¿½s Embroidery Supply. Various marks, graphics, typefaces, trade names and logos appearing on the website may similarly be trademarks of 5Tï¿½s, and all rights are reserved. You may not make any use of 5Tï¿½s trademarks without permission. 5Tï¿½s retains all ownership in and good will associated with such trademarks. Other trademarks used on the website are the property of their respective owners.
5Tï¿½s and its suppliers retain all right, title and interest in and to all content (and all compilations thereof), including without limitation, any text, graphics, and inventory information that appears on our website. 5Tï¿½s content is protected by U.S. and international copyright law. No right, title, or interest to any of 5Tï¿½s content is transferred to anyone by their use of the 5Tï¿½s website.
You may access and view 5Tï¿½s website solely for personal purposes. You may copy limited portions of the content solely for personal, noncommercial use, provided that you do not make such content available to any third party, and you do not remove any proprietary notice from such content, or alter the content in any way. You may not: modify, delete, add to, or create derivative works of 5Tï¿½s website.
You may not publish, distribute, or transmit the content in any manner; copy or post the content for public display; collect, re-purpose or reuse any data or product listings contained in the website; sell or attempt to sell the content; exploit the content for your own purposes; or make derivative use of 5Tï¿½s website or its content.
5Tï¿½s makes use of information provided by suppliers. We have no control over supplier content, and are not responsible for its completeness, accuracy, or reliability. Any information, advice, opinions, or statements contained within such supplier content are attributable to the author of such content and not to 5Tï¿½s. While 5Tï¿½s has no obligation to monitor supplier content, 5Tï¿½s does reserve the right to edit or remove any supplier content which we deem to be inappropriate.
Content Corrections and Updates
5Tï¿½s does not guarantee the accuracy, completeness or reliability of information appearing on the website. The website may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice.
We also reserve the right to cancel an order for a product in the event of an error or omission in the description of such product, including incorrect pricing information, whether due to a typographical error, an error in information received from our suppliers, or otherwise.
Placing Orders on www.5ts.com
While the majority of our orders come from customers in the continental United States, Hawaii, and Alaska, we also do accept orders from international locations. However, 5Tï¿½s reserve the right to decline to process any order - for any reason.
The risk of loss and title for all merchandise ordered passes to the customer when 5Tï¿½s delivers the customerï¿½s order to the shipping carrier.
We reserve the right to change our billing and payment procedures at any time by posting the new procedures on our website. Use of 5Tï¿½s website after such changes are posted constitutes acceptance of all changes.
All product returns are subject to 5Tï¿½s Return Policy.
Any special offers on 5Tï¿½s website, are subject to the particular terms and conditions (including time limitations) of such offers. Unless otherwise specified, you may use only one special offer in connection with a given transaction.
You agree that all billing and customer registration information, which you provide on 5Tï¿½s website, will be accurate and complete.
For certain activities you conduct on 5Tï¿½s website, you will receive or have received an account name and a password. 5Tï¿½s retains ownership of your account and makes it available for your use for the duration of your account activation. It is solely your responsibility to keep your account information and password secure and up to date. You must not disclose your password to anyone. Only persons employed by you can be authorized to use your account, and in doing so you assume all resulting liability from use of 5Tï¿½s website for such authorized person(s). You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you have knowledge, or may suspect.
5Tï¿½s disclaims all liability arising from, or related to, the customerï¿½s failure to keep their account name and password secure.
You agree to use 5Tï¿½s website only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of 5Tï¿½s website in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is strictly prohibited and will result in the immediate removal of your account.
5Tï¿½s expressly prohibits any unauthorized supplier or third party from linking to www.5ts.com.
You agree to indemnify and hold 5Tï¿½s and our employees harmless from any claim or demand, including attorneys' fees, arising out of your use of 5Tï¿½s website, any contributed content, your violation of this agreement, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property rights, privacy rights, or other rights of any person or entity.
LIMITATION OF LIABILITY
In no event will 5Tï¿½s, or our suppliers, be liable for any damages whatsoever (including without limitation those resulting from lost profits lost data, or business interruption) arising out of the use or inability to use 5Tï¿½s website, or any information contained on the website, whether such damages are based upon warranty, contract, tort, or any other legal theory, and whether or not such party is advised of the possibility of such damages.
Our aggregate liability and the aggregate liability of any of our suppliers, arising from or relating to this agreement (regardless of the form of action or claim, E.G., contract, warranty, tort, strict liability, negligence, malpractice, fraud, or any other legal theory) is limited to one-hundred dollars ($100). Applicable law may not allow the exclusion or limitation of incidental or consequential damages in certain specific instances.
DISCLAIMER OF WARRANTIES
5Tï¿½s website and all related materials are provided on an ï¿½as isï¿½ and ï¿½as availableï¿½ basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the customer. Except for the express warranties explicitly provided herein, neither 5Tï¿½s nor our suppliers make any representations or warranties of any kind, express or implied, as to the operation of the website, the content, or information made available by or through the website, any goods purchased or obtained through the website, or any transactions entered into by or through the website.
To the extent permitted by law, 5Tï¿½s and our suppliers disclaim all warranties, express or implied, including but not limited to, implied warranties or merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. Neither 5Tï¿½s nor our suppliers warrant that use of the website will be uninterrupted, available at any time, secure or error free, or free of harmful components.
Neither 5Tï¿½s nor our suppliers warrant that the website will meet the customerï¿½s requirements, or that any defects will be corrected. Furthermore, neither 5Tï¿½s nor our suppliers make any warranty as to the results that may be obtained from the use of the website or as to the accuracy, completeness, reliability, or timeliness of any information available on or through the website.
The customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the website is done so at their own discretion and risk. The customer also understands and agrees that they will be solely responsible for any damage to their computer system, or loss of data, that results from the downloading of such material and/or data.
No advise or information, whether oral or written, obtained by the customer from 5Tï¿½s or through the website shall create any warranty not expressly made herein.
Violation of Agreement
Please also note that at any time, if we determine that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we reserve the right to terminate or suspend your access to 5Tï¿½s website and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this contract may additionally incur criminal and/or civil liability.
Please note that 5Tï¿½s may change this document at any time by posting the modified document on the http://www.5ts.com/ website or by otherwise notifying you of such change. Use of 5Tï¿½s website after such changes are posted constitutes acceptance of all changes.
Policy for Claims of Infringement of Copyrighted Material
If you believe that material is posted on the 5Tï¿½s website in a manner than infringes your copyright, please notify us by providing the following information in writing:
ï¿½ A physical or electronic signature of the owner of the allegedly infringed copyright, or such owner's authorized representative.
ï¿½ A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are at issue, a complete list of such works.
ï¿½ A description of the material on the 5Tï¿½s website that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate that material.
ï¿½ The address, telephone number, and, if available, an electronic mail address where you may be contacted.
ï¿½ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
ï¿½ A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.