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DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE 5STARS.TXCOFFEENEWS.COM SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 5STARS.TXCOFFEENEWS.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE 5STARS.TXCOFFEENEWS.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY 5STARS.TXCOFFEENEWS.COM, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
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LIMITATION OF LIABILITY
EXCEPT FOR ACTIONS BY 5STARS.TXCOFFEENEWS.COM TO COLLECT FEES DUE TO US, IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING 5STARS.TXCOFFEENEWS.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF 5STARS.TXCOFFEENEWS.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
WITH THE EXCEPTION OF A LEGAL ACTION BY US TO COLLECT PAYMENT OF FEES DUE FOR LEADS DELIVERED FOR WHICH SUCH ACTION MAY BE BROUGHT WITHIN THREE (3) YEARS OF THE DEBT BEING INCURRED, NO OTHER ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
Neither party shall be liable in any way for its failure to perform hereunder, other than its failure to pay any monies due and owing hereunder, if such failure is occasioned by any of the following: war; fire; flood; interruption of transportation; embargo; accident; explosion; governmental orders, regulations, restrictions, priorities or rationing; strike, lockout or other labor problems; or any cause beyond the reasonable control of the non-performing party provided, however, that the non-performing party shall make a good faith effort to perform.
COPYRIGHT AND TRADEMARKS
All contents of the 5STARS.TXCOFFEENEWS.COM website are proprietary to 5STARS.TXCOFFEENEWS.COM its successors and assigns, and/or its suppliers and are protected under U.S.A. and international Copyright and Trademark laws. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this website for your personal records to be used as a reference. 5STARS.TXCOFFEENEWS.COM does not grant any license or other authorization to any user of its trademarks, service marks, copyrightable material or other intellectual property by placing them on this website. 5STARS.TXCOFFEENEWS.COM reserves any rights not expressly granted herein.
TERM OF AGREEMENT AND TERMINATION
THIS AGREEMENT IS NON-CANCELLABLE BY YOU THE BUSINESS OWNER or RENEWED ACCOUNT FOLLOWING ACTIVATION AND SOFTWARE RECEIVED.
This Agreement shall remain in force and effect as long as you hold an account with 5STARS.TXCOFFEENEWS.COM. You may close your account at any time following your account activation and terminate this Agreement by providing a email within 48 hours to 5STARS.TXCOFFEENEWS.COM BEFORE YOUR NEXT BILLING CYCLE, WITH YOUR DESIRE TO CANCEL your account. The use of software memberships are available on a monthly and quarterly or annual basis. This can be done after 30 days of being a member. Absence of such a voluntary cancellation this agreement may be terminated immediately by either party: Again there are no refunds on purchased Advertisements on www.5STARS.TXCOFFEENEWS.COM or between billing cycles.
1) Advertiser will be provided with the advertisement/technology/desktop online portal/ from 5STARS.TXCOFFEENEWS.COM website they purchased. Client has the ability to upload and enter there customers full name, email and phone number, and salesman on the portal they purchased and there client will receive a text message via sms technology with instructions to rate there experience with the Business. The software has the ability to also show the customer who rated there experience with the business and instruction on a how to post a automatic google review to the business owners google places page. Advertiser can add information and edit there account information at any time with 5STARS.TXCOFFEENEWS.COM. Advertiser also has access to all the available features on there advertisement/portal that 5STARS.TXCOFFEENEWS.COM provides. Advertiser also will get a email report of feedback posted by customers and google reviews for there business.
2) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or
3) At any time upon written notice (including electronic mail) with or without cause by 5STARS.TXCOFFEENEWS.COM in the event of a material breach by you of any of the Terms of Service set forth herein.
4) Upon written notice to the other party if such party reasonably believes that (i) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (ii) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.
5) 5STARS.TXCOFFEENEWS.COM is not responsible for web browsers or inaccuracies that advertiser has on account or cant operate. Advertiser has ability to Renew and keep advertisement on 5STARS.TXCOFFEENEWS.COM.
GOVERNING LAW AND CHOICE OF VENUE
Maryland law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liability clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Maryland, County of Baltimore or to any Federal Court located within the southern district for the State of Maryland.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
5STARS.TXCOFFEENEWS.COM Terms of Service and Privacy Statement
The 5STARS.TXCOFFEENEWS.COM Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the 5STARS.TXCOFFEENEWS.COM Web Site constitutes your agreement to all such terms, conditions, and notices.
Privacy and Protection Of Personal Information
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5STARS.TXCOFFEENEWS.COM and its operational service partners collect and use your personal information to operate 5STARS.TXCOFFEENEWS.COM and deliver the services or goods you have requested. 5STARS.TXCOFFEENEWS.COM will not sell your customers phone numbers or emails to any other companies or your personal information of emails or phone numbers.
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5STARS.TXCOFFEENEWS.COM will occasionally update this Statement of Privacy to reflect company and customer feedback. When 5STARS.TXCOFFEENEWS.COM posts changes to this Statement, you will see the word "updated" next to the Privacy Statement link on the front page of 5STARS.TXCOFFEENEWS.COM. If there are material changes to this Statement or in how 5STARS.TXCOFFEENEWS.COM will use your personal information, 5STARS.TXCOFFEENEWS.COM will prominently post such changes prior to implementing the change. 5STARS.TXCOFFEENEWS.COM encourages you to periodically review this Statement to be informed of how 5STARS.TXCOFFEENEWS.COM is protecting your information.
5STARS.TXCOFFEENEWS.COM reserves the right to change the terms, conditions, and notices under which the 5STARS.TXCOFFEENEWS.COM Site/Services are offered, including but not limited to the charges associated with the use of the 5STARS.TXCOFFEENEWS.COM Site/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the 5STARS.TXCOFFEENEWS.COM Site/Services constitutes your agreement to all such terms, conditions, and notices.
The abuse and misuse of E-Mail is a serious problem, and 5STARS.TXCOFFEENEWS.COM will not tolerate it in anyway. Report any SPAM mail to and it will be dealt with in the appropriate manner.
Links To Third Party Sites
By entering your personal information on our website. You understand that 5STARS.TXCOFFEENEWS.COM is a software company that creates and allows you the customer the ability to build online reviews that are posted the google places page and receive feedback from your clients on there shopping experience. All correspondence is done by email and text message technology that we provide with a designated phone number you receive and desktop or mobile portal. We reserve the right to limit the amount of emails and phone numbers you enter into your software portal if needed. 5STARS.TXCOFFEENEWS.COM is not responsible for text messages cost via sms technology or emails that a customer receives. You also agree that entering your phone number and your customers phone numbers on our forms indicates to or third party vendors that you are willing to accept their business and communication transmissions via phone, or email. You also agree and understand that clients will be receiving emails and text messages and phone calls from 5STARS.TXCOFFEENEWS.COM and we are not in violation of Federal Do-Not-Call List policies as you are specifically requesting their communication to facilitate being contacted for.