terms of agreement
Terms and Conditions of Use and Service
Terms and Conditions of Use and Service
THESE TERMS AND CONDITIONS OF USE AND SERVICE (TERMS) GOVERN YOUR USE OF THIS WEBSITE AND OTHER WEB SITES OWNED OR OPERATED BY 5 Star Living Enterprise. BY ACCESSING THIS SITE, YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THESE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY AT ANY TIME IN ITS DISCRETION, AND YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.
Access to this Site is open: You must be eighteen (18) years or older to enter into contract agreement from this web site. If you are under eighteen (18) years of age, you are not permitted to submit the application to become a part of the Team Freedom System. Due to the nature of this web site, no information obtained by this web site falls within the Children's Online Privacy Protection Act ("COPPA") and is not monitored as doing so. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Site. All materials on the site are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Site's materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Except as expressly stated in the limited license provision of these terms and conditions, purchase of a Freedom Packet does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information. Except for third party advertisements or communications, for which neither the Site nor the Site owner, screen nor endorse, the Site's contents are controlled and operated by the Site owner.
Definitions The term "Site", as referred to in these terms and conditions shall mean - the Site for which you are accessing with a username and password (login) in order to gain access to that site and benefit from its content and tools. The "Site" shall include the owner thereof all agents acting on its behalf. The term "Associate/Partner" or "Member", as referred to in the terms and conditions shall mean -the holder (Intern, Jr Associate) of an active sponsor. Membership in the TFS is not transferable or assignable without written authorization from 5 Star Living Enterprise 30 days prior to transfer request. The term "Associate/Partner", as referred to in the terms and conditions shall mean - The End-user, business owner, purchaser of the products and services outlined in the Step-By-Step Instruction in the Freedom Packet. By becoming an Associate, you hereby authorize the disposition of commissions and charges from your established bank account, per the instructions provided when your application was submitted. Access to this site does not require a username or password. Grant of Limited License with Reservations Access to the Site is provided for personal, business building use by Associates of the Team Freedom System. As Partners, first time users to the site are granted a single copy license to download (on their personal computers only) or print copies of any of the information/ material found on the site for personal, business building use only. Unauthorized use of the Site, or any material located on it, is strictly prohibited. In addition, you may not modify any of the materials found on the site; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice or trademarks there from; or transfer any material located on the Site to any other person. The Site reserves the right to terminate this license and agreement at any time if you breach the terms of this agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the Site.
Access to and use of the Freedom Packet received through a combination application, which provided the position of INTERN and the subsequent Intern Packet, and the purchase of the complete Freedom Packet by following the instructions provided, is for personal and business-related activity identified by the Step-By-Step Instructions included in the Packet. Each Partner/Associate must keep this information confidential. Unauthorized sharing or distribution of the information in the Freedom Packet is a breach of this Agreement. You acknowledge and agree that all materials contained at the Freedom Packet/Intern Packet are proprietary and constitute valuable intellectual property owned by the Five Star Living Enterprise ("Company") or others who have licensed use of such materials by the Company. You acknowledge and agree that as such, you may only view, download, receive and otherwise use the materials available in the Freedom Packet as authorized by the Company through the Step-by-Step Instructions. You acknowledge that you understand that the Company does not authorize distribution of any information in the Freedom Packet in any manner contrary to the express provisions of this Agreement. You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that you shall not attempt to misuse any materials available on the Site or in the Freedom Packet, in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. You hereby acknowledge that you understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Site or in the Freedom Packet to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS above. You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication, distribution or other use of materials from the Site or the Freedom Packet, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving, distributing or other use of materials in PROHIBITED AREAS in a manner shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of trademark and other rights including, but not limited to rights of privacy. Non-Assignability/Theft. Member must promptly inform the Site owner of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of information from the Freedom Packet. Until the Site Owner/Company is notified, by e-mail, or by telephone, of any breach in security, the Member will remain personally liable for any unauthorized use of the dispersed information. Member is and shall be personally liable for, and shall defend, indemnify and hold harmless the Company, Site, Site owner, Sponsor or other Associate and any agency acting on its behalf from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication for the purpose of distribution to unauthorized individuals directly or indirectly making it available. Whether this is done solely by Member or with or under the authority of any other entity, including governmental agency.
Bookmarking to a page on the any Site whereby the Warning page(s) and/or terms and conditions are by-passed shall constitute an implicit acceptance of the terms and conditions herein and an explicit acknowledgement of age of majority.
Links to Third Party Sites. This Site may contain links to other sites which are controlled by third parties. Those linked sites are not under the control of the Site owner or operator and this Site is not responsible for the contents of any linked site or any link contained in a link site. The Site is providing those links to you only as a convenience and the promotion of the Team Freedom System.
Modification. The Site reserves the right, in its discretion, to change or modify all or any part of these Terms and Conditions at any time for any reason or no reason. Changes to the cancellation or refund terms and rate increases will be effective after fifteen (15) days’ Notice to existing members. Any other changes will be effective immediately once they are posted on the Site. Your continued use of the Site constitutes your binding acceptance of these Terms and Conditions, including any changes made by the Site, as permitted above. If you desire not to be bound by any modification of these Terms and Conditions, you should cancel your business relationship. The updated, online version of these Terms and Conditions shall supersede any prior version. Authorizations and Permission to Send Emails to you hereby authorize and permit notices to be sent to You from Company or its authorized agents (Up-line), and possible suppliers by means of e-mail, including without limitation e-mails, advertisements, notices and other communications. Moreover, You agree that your authorization and permission to Company to send You such materials and communications shall continue to be in effect unless and until You notify Company that You wish to withdraw from the Team Freedom System.
Disclaimer THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE SITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT MEMBER IS LOCATED WHERE SUCH A DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND MEMBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION. THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND ON THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO MEMBER OR ANYONE CLAIMING THROUGH THE MEMBER, MEMBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. IN THE EVENT THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE SITE OWNER SHALL BE FOR NO MORE THAN THE AMOUNT OF THE MEMBER’S INITIAL PURCHASE PRICE PAID BY OR ON BEHALF OF THE MEMBER FOR THE FREEDON PACKET OF THE TEAM FREEDOM SYSTEM. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPPLIERS, LICENSEES, AGENTS OR OTHER MEMBERS BE LIABLE, TO MEMBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, UNREALIZED PROFIT, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION. Product Refund Policy A refund of the original investment amount will be given by fund transfer into the account in which the funds were presented if you wish to withdraw from the program prior to the commissions for that purchase being distributed or within 30 days of the purchase date, whichever comes first. For more information or to request a refund, notify the company at 5starlivingenterprise.com. The program guarantee also starts from the purchase date. This guarantee is explained in the Step-by-Step Instructions. In the event that a refund is issued, or a guaranteed claim is paid, ALL monies will be sent by funds transfer to the account that the original purchase was received from. NO refunds will be made by cash or check. No product access will be provided until the payment funds have been verified. The Site will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Member accounts.
Miscellaneous: These terms and conditions are to be governed and construed by the laws of the state of Idaho. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to the Site or the Freedom Packet, arbitration must be brought through the American Arbitration Association in the City of Boise, ID. The Site does not enable Members to share information with other Members, therefore Members agree not to submit, publish, or display on the Site, blog, Facebook, twitter or any other means of posting any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material or comments. Transmission of such material or comments that violates any federal, state, or local law is prohibited and is a breach of this Agreement. Members agree not to engage in advertising to, or solicitation of other Members to buy or sell any products or services through the Site that is not a part of the Team Freedom System without prior written consent from the Company. Members are responsible for information they send or display through any means even if a claim should arise after withdraw from the business. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site or any connected social media can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
5 Star Living Enterprises. Twin Falls, Idaho.