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Terms & Conditions:
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of this Web Site
The Web Site design and all text, graphics, information, designs, logos, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by Fifth Degree In Vein Corp. and are protected by U.S. and International copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. All software used on this site is the property of Fifth Degree In Vein Corp. and/or our software suppliers and is protected by U.S. and International copyright laws. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Fifth Degree is a registered Trademark. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks in the U.S. and other countries of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.
Linking to this Web Site
Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.
Third Party Links
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Gift certificates can only be redeemed via purchases made on this website, and are not redeemable for cash. Any unused balance will be placed in the recipient s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Some items on our website have a manufacturer s warranty, which is noted in the product description. Manufacturer s warranties are provided by the manufacturer of the product and not by Fifth Degree In Vein Corp. The manufacturer is responsible for all warranty coverage, repair, servicing and defects. To obtain a written warranty for any of these items, send a specific written request to our Customer Service Department.
YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH 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 MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, 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 FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. 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
We assume no responsibility, and shall not be liable for, any damages to, or 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 materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) 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 AT 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 OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER”S OR SUPPLIER”S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of California, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree to defend, indemnify and hold Fifth Degree In Vein Corp. harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of the Site.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department.
This statement summarizes Fifthdegreeusa.com’s policies regarding personal information that maybe collected or submitted to us through the Fifth Degree website of www.fifthdegreeusa.com (“Website”) or via any other means of collection. We may make changes to this policy from time to time. We will post updated versions of our policy on this page of our website.
Your Privacy is Important to Fifthdegreeusa.com
Information We Collect
We may require Customers who visit our Website and purchase products on our Website (collectively the “Service”) to give us contact information, which may include but is not limited to the Customer’s name, company name, address, phone number, email address, cookies, IP logs, billing information,billing name and address, credit card number, and other information as detailed below under “Personal Information” (collectively “Personal Information”). Besides the Personal Information, we may also collect other information regarding your use of the Website. From time to time,we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it when asked or not using the Website, although not providing it may hinder your ability to use the Website.
You may also have the ability to update or remove your Personal Information by logging into the Website and editing your Personal Information within your profile (to the extent one exists). However, archival or backup copies of said information will not cease to exist and Fifth Degree shall not be liable for any problems in this editing process.
Information collected is used to provide and maintain the Website and is used at Fifth Degree’s discretion. This Information can also be used to contact you to further discuss interest in our company, the services we provide, and to send information regarding Fifth Degree, its partners, its products and other activities such as promotions and events. You may be invited to receive email correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with legal processes and/or law enforcement requests, or to conduct any business as Fifth Degree, in its sole discretion, deems reasonable.
Fifth Degree may also email (or send via other methods) information regarding updates to the Website, newsletters, advertisements, or other correspondence. You will have an opportunity to unsubscribe to any emails or mailings by clicking on an “unsubscribe” hyperlink contained in such promotional emails or by emailing us at firstname.lastname@example.org. Despite unsubscribing from such list, Fifth Degree may send confirmation emails if you order online and may need to contact you by phone, email or regular mail with questions or issues concerning your order. Any opt-out by you is not deemed valid until processed by Fifth Degree. Fifth Degree shall not be liable for problems arising from the opt-out procedure.
We acknowledge that you have the right to control how your Personal Information is collected and used.
The type of Personal Information that may be collected or submitted to Fifth Degree includes, but is not limited to the following: Your name, current address, age group, email address, telephone/cell phone number and fax number;
- Information about your visit to the Website, which includes the date and time of your visit, the pages accessed and the documents retrieved; The type of browser used when you visit our Website, and Any personal correspondence, which includes emails. Other information you provide is not required by us but may assist with responding to your request more effectively.
Why Do We Collect Personal Information?
Fifth Degree offers various products and services to our Customers and also strives to meet the needs of our Customers. We use your Personal Information for internal purposes such as tracking your order, analyzing your preferences, and noting trends and statistics. To do thiseffectively, we need to collect certain Personal Information.
The Personal Information We Collect From You
All Personal Information we collect from you requires your consent, for example, opening an account, purchase and delivery of products, special offers,etc. We may request your consent from time to time to take part in improved product performance or for marketing purposes that we think will be useful to you. However, unless you are informed otherwise, the Personal Information we hold is for establishing and managing our business and customer relationship with you. Sensitive information is subject to greater restrictions and governed by law.
By communicating with Fifth Degree, including by email and by completing online forms, you are giving your consent to the collection of what Personal Information you provide. You have theright to anonymity and do not have to supply us with information. However, if you choose not to provide the information and we need to fulfillyour request for a specific product, we may be unable to provide you with thatrequested product.
Keeping a Record of Personal Information
Depending on the product you have acquired, it may be necessary to keep a record of the transaction for business purposes or to enable us to respond to your concerns. We may hold Personal Information for the following purposes:
- Internal accounting and administration;
- To supply you with information about your account including regular statements;
- To respond to inquiries;
- Enhancing customer service, product options and to improve product performance;
- Promotions, competition entry forms, redemption vouchers, and special offers where you voluntarily supplied your personal details;
- To administer sales records;
- To provide information about us, our products, services and special offers; and
- To analyze our website usage.
Occasionally we require organizations outside Fifth Degree to provide a service for purposes, which are necessary for us to conduct our business, functions and activities (for example advertising names of competition winners and delivering products). We take all steps to ensure these organizations both inside and outside of the United States deal with Personal Information according to this Policy.
Our Disclosure of Your Information/Security
Although Fifth Degree uses industry standard practices to protect your Personal Information, due to technical limitations, WE DO NOT REPRESENT, WARRANT AND/OR GUARANTEE THAT PERSONAL INFORMATION WILL REMAIN SECURE. Therefore, we cannot and do not guarantee, and you should not expect, that your Personal Information or private communications will always remain private. Notwithstanding this, as a matter of policy, we NEVER sell or rent any Personal Information about you to any third party.
The following describes some of the ways that your Personal Information may be disclosed and you expressly agree that your Personal Information may be disclosed by Fifth Degree in the following ways:
- We may internally gather data across all of our Website’s visitors and keep a record of your usage habits. As a result, we may disclose some limited, non specific Personal Information to third parties for marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, address and telephone number are NEVER disclosed to advertisers.
- When you visit the Website, our server may attach a small data file known as a “cookie” to your hard drive. This enables us to analyze usage patterns on our Website in order to tailor it to our users’ needs. Cookies are safe and cannot be used to deliver a virus. Cookies only identify your computer to our servers when you visit our Website. Most web browsers are set to accept cookies. If you do not wish to accept cookies, you can refuse the transfer of cookies to your computer’s hard drive by adjusting your Internet browser. Without accepting a Cookie, you can browse through our site, but you will be unable to establish a shopping cart session and make a purchase on-line
- Legal Requests.
- Fifth Degree may lawfully disclose your Personal Information for law enforcement or regulatory purposes.
How We Manage Your Personal Information
You may have contact with us personally, by telephone, mail, over the Internet or other electronic medium. We take all reasonable steps to keep your Personal Information secure in a combination of secure computer storage, hard copy files and other records. We take steps to protect the personal information we hold from misuse, loss, unauthorized access, modification or disclosure. You have the right to access the Personal Information you have provided to us. If you require details of your Personal Information held by us, we will need to verify your identity before meeting your request,which we will process in a reasonable time. If you find that the information we hold about you is inaccurate or out of date then we will promptly correct it upon receipt of the changes from you.
As far as permissible under law, Fifth Degree accepts no responsibility for the unauthorized access of Personal Information held by Fifth Degree.
The Children’s Online Privacy Protection Act imposes certain requirements on web sites directed at children under 13 that collect information on those children, and on web sites that knowingly collect information on children under13. fifthdegreeusa.com is not directed at children under 13, and does not knowingly collect any personal information from children under 13.
Changes to Our Privacy Statement
From time to time, it may be necessary for us to review and revise our privacy statement. We reserve the right to change our privacy statement at anytime and to notify you by publishing an updated version of the policy on the Fifth Degree website at www.fifthdegreeusa.com
How To Contact Us If You Have A Problem Or Complain
If you have any queries in relation to this policy or its administration or if you would like more details of the type of personal information Fifth Degree holds, for what purposes, and how we collect, hold, use and disclose that information, please contact Fifth Degree at (213) 631-0006.