Terms and Conditions
TERMS OF SERVICE
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OVERVIEW
This website is operated by Star129.
Throughout the site, the terms “we”, “us” and “our” refer to Star129.
Star129 offers this website, including all information, tools and services available from
this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not access the website or use any
services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms
of Service.
Any new features or tools which are added to the current store shall also be subject
to the Terms of Service. You can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms of Service by posting
updates and/or changes to our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - ONLINE
STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You
must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of
any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL
CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is always encrypted during transfer
over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are
included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made
available on this site is not accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources of information. Any reliance
on the material on this site is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR
SERVICES (if applicable)
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and are subject to return or exchange
only according to our Return Policy.
We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's
display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales
of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on
a case-by-case basis. We reserve the right to limit the quantities of any products or services that we
offer. All descriptions of products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited.
We do not warrant that the quality of
any products, services, information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities purchased per person, per household 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. In the event that we make a change to or
cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide
current, complete and accurate purchase and account information for all purchases made at our store. You
agree to promptly update your account and other information, including your email address and credit card
numbers and expiration dates, so that we can complete your transactions and contact you as
needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL
TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have
any control nor input.
You acknowledge and agree that we provide access to such tools ”as
is” and “as available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of
optional third-party tools.
Any use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new
services and/or features through the website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY
LINKS
Certain content, products and services available via our Service may include materials from
third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials or websites, or for
any other materials, products, or services of third-parties.
We are not liable for any harm or damages
related to the purchase or use of goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the third-party's policies and practices
and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific
submissions (for example contest entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of
Service.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that
your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments
you make and their accuracy. We take no responsibility and assume no liability for any comments posted by
you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal
information through the store is governed by our Privacy Policy. To view our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be
information on our site or in the Service that contains typographical errors, inaccuracies or omissions that
may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service or on any related website, including
without limitation, pricing information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED
USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or
scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We reserve the right to terminate
your use of the Service or any related website for violating any of the prohibited uses.
SECTION
13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant
that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant
that the results that may be obtained from the use of the service will be accurate or reliable.
You
agree that from time to time we may remove the service for indefinite periods of time or cancel the service
at any time, without notice to you.
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and services delivered to you through the service
are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Star129, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made available via the service,
even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 14 -
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Star129 and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms
of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed
to be severed from these Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that
you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you
fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we
also may terminate this agreement at any time without notice and you will remain liable for all amounts due
up to and including the date of termination; and/or accordingly may deny you access to our Services (or any
part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce
any right or provision of these Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding between you and us and govern your
use of the Service, superseding any prior or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms
of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any
separate agreements whereby we provide you Services shall be governed by and construed in accordance with
the laws of 5362 Hickory Hollow Pkwy, Antioch, TN 37013.
SECTION 19 - CHANGES TO TERMS OF
SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our website or the Service following
the posting of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should
be sent to us at info@star129.com.
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PRIVACY STATEMENT
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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When
you purchase something from our store, as part of the buying and selling process, we collect the personal
information you give us such as your name, address and email address.
When you browse our store, we
also automatically receive your computer’s internet protocol (IP) address in order to provide us with
information that helps us learn about your browser and operating system.
Email marketing (if
applicable): With your permission, we may send you emails about our store, new products and other
updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with
personal information to complete a transaction, verify your credit card, place an order, arrange for a
delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific
reason only.
If we ask for your personal information for a secondary reason, like marketing, we will
either ask you directly for your expressed consent, or provide you with an opportunity to say
no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may
withdraw your consent for us to contact you, for the continued collection, use or disclosure of your
information, at anytime, by contacting us at info@star129.com or mailing us at:
Star129
5362
Hickory Hollow Pkwy, Antioch, TN 37013
SECTION 3 - DISCLOSURE
We may
disclose your personal information if we are required by law to do so or if you violate our Terms of
Service.
SECTION 4 - THIRD-PARTY SERVICES
In general,
the third-party providers used by us will only collect, use and disclose your information to the extent
necessary to allow them to perform the services they provide to us.
However, certain third-party
service providers, such as payment gateways and other payment transaction processors, have their own privacy
policies in respect to the information we are required to provide to them for your purchase-related
transactions.
For these providers, we recommend that you read their privacy policies so you can
understand the manner in which your personal information will be handled by these providers.
In
particular, remember that certain providers may be located in or have facilities that are located a
different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves
the services of a third-party service provider, then your information may become subject to the laws of the
jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are
located in Canada and your transaction is processed by a payment gateway located in the United States, then
your personal information used in completing that transaction may be subject to disclosure under United
States legislation, including the Patriot Act.
Once you leave our store’s website or are
redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our
website’s Terms of Service.
Links
When you click on links on our store, they may
direct you away from our site. We are not responsible for the privacy practices of other sites and encourage
you to read their privacy statements.
SECTION 5 - SECURITY
To protect your personal
information, we take reasonable precautions and follow industry best practices to make sure it is not
inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your
credit card information, the information is encrypted using secure socket layer technology (SSL) and stored
with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is
100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry
standards.
SECTION 6 - AGE OF CONSENT
By using this site, you represent that you
are at least the age of majority in your state or province of residence, or that you are the age of majority
in your state or province of residence and you have given us your consent to allow any of your minor
dependents to use this site.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the
right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications
will take effect immediately upon their posting on the website. If we make material changes to this policy,
we will notify you here that it has been updated, so that you are aware of what information we collect, how
we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or
merged with another company, your information may be transferred to the new owners so that we may continue
to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to:
access, correct, amend or delete any personal information we have about you, register a complaint, or simply
want more information contact our Privacy Compliance Officer at info@star129.com or by mail
at
Star129
[Re: Privacy Compliance Officer]
5362 Hickory Hollow Pkwy, Antioch, TN
37013
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