Website Terms of Use Policy
These Terms of Use explain the contractual agreement between you, who uses this Web site and agrees to these Terms of Use ("you", "your"), and the Star Foundation Network and its subsidiaries and affiliates ("Network", "we", "us", "our") regarding your use of this Web site ("Network Web Site") and activities and purchases conducted through the Network Web Site.
We recommend that you print a copy of these Terms of Use for your records. If you have questions regarding these Terms of Use, please contact us.
1. "Agree"
By using this Web site, you signify that you have read, understand and accept these Terms of Use. Furthermore, at various times within the Network Web Site you may be required to click "Submit" or similar buttons to register and participate in certain activities or to make purchases. Your act of "clicking" the button signifies your further acknowledgement and agreement with these Terms of Use. We will try to remind you at various times of these Terms of Use and your agreement with them, and you are encouraged to review them often. Please note, however, that our failure on any Web page to make specific notice of these Terms of Use does not mean that they are not applicable. These Terms of Use apply to the entire Network Web Site and all functionality, features and content offered by us through the Network Web Site. If you are dissatisfied with these Terms of Use, your sole remedy is to discontinue your use of the Network Web Site.
2. Privacy
We recommend that you review our Privacy Policy which is part of these Terms of Use. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to the Network Web Site. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
3. Product Terms, Conditions and Disclaimers
We offer various products for purchase through the Network Web Site. These products may be governed by additional Terms, Conditions and Disclaimers, which supplement and are a part of these Terms of Use as applicable. We recommend that you review the Terms, Conditions and Disclaimers.
4. Updates and Changes
We reserve the right, at any time, to modify, alter, update, or remove portions of these Terms of Use, so please check them (including our Privacy Policy and all other product Terms and Conditions) from time to time as your continued use of the Network Web Site after a change has been made signifies your acceptance of any changed items. We may also add, delete or modify some or all of our products at any time. You may only amend these Terms of Use with a writing signed by both of us.
5. Disclaimers of Warranties
Network Web Site. THIS WEB SITE IS PROVIDED BY US "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION OR PRODUCTS AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
Products. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT SOLD, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
THESE DISCLAIMERS OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY TO PERSON(S) OR PROPERTY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
6. Limitation of Liability
Network Web Site. NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE NETWORK WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE NETWORK WEB SITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE NETWORK WEB SITE EXCEED US $100.
Products. NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF ANY OF OUR PRODUCTS. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO ANY OF OUR PRODUCTS EXCEED AMOUNTS ACTUALLY PAID BY TO YOU US FOR SUCH PRODUCT.
THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
7. Links
(a) This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk, including reliance on the content contained on or provided by such links or sites.
(b) Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the Network Web Site on another Web site if you comply with all of the following: (a) the link must be a text-only link clearly marked "Star Foundation" or "www.starfoundation.net"; (b) the link must "point" to the URL "www.starfoundation.net" and not to other pages within the Network Web Site; (c) the link, when activated by a user, must display the Network Web Site full-screen and not within a "frame" on the linking Web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking Web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
8. System Integrity
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Network Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Network Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques.
9. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Network Web Site and your purchase of the items on the Network Web Site. You must be 18 years or older to use the Network Web Site.
10. User Communications, Feedback and Submissions
The Network Web Site may have functionality that permits public communication, including public postings and e-mail links. You agree not to submit, publish, distribute, or transmit through the Network Web Site or its e-mail links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. You also agree that you will not submit, publish, distribute, or transmit anything through the Network Web Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. We do not endorse any information posted or content contained on the Network Web Site and we are not liable for any information posted on the Network Web Site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on the Network Web Site which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users or content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.
11. Product Information, Sales, Availability, Payment and Returns
All prices displayed on the site are quoted in U.S. dollars and are valid and effective only in the United States. We charge sales tax on all shipments delivered to addresses within the State of California. We reserve the right without prior notice to discontinue or change specifications and prices on products offered on the Network Web Site without incurring any obligations (although changes to specifications and pricing will not affect orders placed prior to the change). All products displayed on the Network Web Site are available while supplies last. Please confirm availability prior to purchasing any product. We reserve the right to cancel a sale, issue a return authorization for merchandise that is unexpectedly out of stock. We reserve the right to limit the order quantity on any item and/or refuse service to any customer without prior notification. Please note that while we have tried to accurately display the appearance of products, the actual colors and images you see will depend on your monitor and may not be accurate.
12. Ownership
The Network Web Site and all intellectual property rights included in or related to the Network Web Site (including but not limited to products, copyrights, trademarks, service marks, domain name rights, patents and data rights), are owned or licensed by us, and all right, title and interest in the Network Web Site and the intellectual property rights remain our property. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Network Web Site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Network Web Site or its content. The Network's products, trademarks, trade names, and service marks are proprietary to the Network, and may not be used in connection with any product or service without our written permission.
13. Termination of Usage
These Terms of Use are in force until terminated by either you or us. You may terminate these Terms of Use solely by discontinuing your use and access to the Network Web Site. We may terminate these Terms of Use, or suspend your access to all or part of the Network Web Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Network Web Site or is in violation of any applicable law or these Terms of Use. In the event of termination or expiration of these Terms of Use for any reason, the provisions of Sections 5, 6, 7, 8, 12, 13, 14, 15, 16 and 17 shall survive.
14. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.
15. Governing Law and Jurisdiction
The Network Web Site is controlled and operated by us from our offices within the State of California, United States of America. Although it may be technically accessed from all 50 states as well as from other countries around the world, you agree that your use of the Network Web Site shall be construed to be made from within the State of California and you agree that these Terms of Use and your use of the Network Web Site shall be governed in all respects by the internal substantive laws of the State of California, without regard to conflict of laws provisions. We specifically disclaim the applicability of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act. You further submit to jurisdiction and venue in the state and federal courts located in Newport Beach, California and further agree that any cause of action you may bring arising under your use of the Network Web Site or any product purchased by you through the Network Web Site shall be brought by you exclusively in a state or federal court located in Newport Beach, California.
16. Other General Provisions
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and us. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. These Terms of Use, and all writings and Web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
17. How to Contact Us
Star Foundation
26861 Trabuco Road Suite E229
Mission Viejo, CA 92691
Phone: 1-866-893-4476
