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Legal

Terms & Conditions

Updated July 27, 2023

 

Ownership of Site: www.fivesdesigns.com is owned, operated, and updated by Fives Designs, LLC (herein referred to as “Fives Designs”).

 

Agreement to Terms of Use: By using and/or visiting the fivesdesigns.com website (herein referred to as “Website” or "Site"), you consent to both these Terms & Conditions and Fives Designs’ Privacy Policy. If you do not agree to the terms identified herein and described in Fives Designs’ Privacy Policy, do not use the Website.

 

Fives Designs reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Fives Designs grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. By using the Website, you represent and warrant that you are of legal age to form a binding contract.

 

Website Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled, or licensed by or to Fives Designs, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, Website, or other medium for publication or distribution or for any commercial enterprise, without Fives Designs’ express prior written consent.

We cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, or other information or content on the Website. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information, or to cancel orders if any such information is inaccurate.

 

Limits to Use and Purchase of Fives Products: We do not authorize the purchase of Fives Designs merchandise for resale purposes. Fives Designs products distributed through sweepstakes or promotions are also not authorized for resale purposes. To enforce this or any other policy, Fives Designs may, in its sole discretion, limit or cancel quantities purchased, including without limitation, per person, per household, per account, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Fives Designs reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors. We also reserve the right to cease doing business with those customers violating this policy. 

 

Limits to Liability of Fives Designs: TO THE FULLEST EXTENT ALLOWED BY LAW, FIVES DESIGNS' RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS DESCRIBED IN THESE TERMS AND CONDITIONS, AND FIVES DESIGNS’ LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE ACQUIRED THROUGH THE WEBSITE OR ANY PROMOTIONS, CONTESTS, OR SWEEPSTAKES, NOR WILL FIVES DESIGNS UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AND ALL NEGLIGENCE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. 

 

User Information: If you register with this Website, make a purchase via the Website, sign up for emails or enter a sweepstakes, contests, or promotion, you may be asked to provide personal information to us (“User Information”). Fives Designs' information collection and use policies with respect to such User Information are set forth in the Website’s Privacy Policy. You are responsible for keeping your User Information up-to-date and accurate.

 

Errors, Inaccuracies, and Omissions: Information on Fives Designs’ Website may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

 

The images of the products on the Fives Designs website are for illustrative purposes only. We try hard to portray the items on the website accurately; however, slight variations may occur. All measurements quoted are approximate and the reproduction of colors is as accurate as photographic and publishing processes will allow. Please note there may be variations in colors dependent on the calibration and settings of individual screens. 

 

LIMITED WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

 

     (a) Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

     (b) What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from Fives Designs. This limited warranty does not cover products provided to you by Fives Designs free of charge, including as part of giveaways or included as free add-ons to purchased products.

     (c) What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

          (i)             transportation;

          (ii)            storage;

          (iii)           improper use;

          (iv)           failure to follow the product instructions or to perform any preventive maintenance;

          (v)            modifications;

          (vi)           combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Fives Designs;

          (vii)          unauthorized repair;

          (viii)         normal wear and tear; or

          (ix)           external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

     (d) What Is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for one year ("Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

     (e) What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.

     (f) How Do You Obtain Warranty Service?

To obtain warranty service, you must email us at info@fivesdesigns.com during the Warranty Period and include a copy of the original receipt, a brief description of how the damage occurred, and clear photographs of the damaged product.

     (g) Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Should any part of these Terms and Conditions be deemed unlawful and/or invalid and thus not enforceable, this will not affect the validity and enforcement of the remainder of the Terms and Conditions.

If you have any concerns about Fives Designs or your use of the Website, please contact us with a detailed description, and we will try to resolve it.

Privacy Policy

Updated July 27, 2023

 

Introduction

Fives Designs LLC ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.fivesdesigns.com/ (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

This policy applies to information we collect:

  • On this Website.

  • In email, text, and other electronic messages between you and this Website.

  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

 

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party; or

  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see "Changes to Our Privacy Policy", below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Children Under the Age of 16: Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at: info@fivesdesigns.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see "Your California Privacy Rights" (below) for more information.

 

 

Information We Collect About You and How We Collect It: We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");

  • That is about you but individually does not identify you; and/or

  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.

  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

 

Information You Provide to Us: The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.

  • Records and copies of your correspondence (including email addresses), if you contact us.

  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies: As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Website.

 

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see "Choices About How We Use and Disclose Your Information" (below).

 

How We Use Your Information: We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.

  • To provide you with information, products, or services that you request from us.

  • To fulfill any other purpose for which you provide it.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • To notify you about changes to our Website or any products or services we offer or provide though it.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.

 

Disclosure of Your Information: We may disclose aggregated information about our users without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fives Designs, LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Fives Designs, LLC about our Website users is among the assets transferred.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • For billing and collection purposes.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fives Designs, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Choices About How We Use and Disclose Your Information: We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

 

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

 

California residents may have additional personal information rights and choices. Please see "Your California Privacy Rights" (below) for more information.

 

Accessing and Correcting Your Information: You can review and change your personal information by logging into the Website and visiting your account profile page. 

 

California residents may have additional personal information rights and choices. Please see "Your California Privacy Rights" (below) for more information.

 

Your California Privacy Rights: If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@fivesdesigns.com or write us at: 216 W 38th St STE C, Garden City, ID 83714.

 

Changes to Our Privacy Policy: It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

 

Contact Information: To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@fivesdesigns.com.

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