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<h1>Terms & Conditions</h1>
<span style="font-size:14px;">Thank you for visiting the www.5StarToolkit.com website
("Website"). The Site is owned and operated by 5StarToolkit.com 835
W. Warner Road Suite 101-469 Gilbert, AZ 85233
("5StarToolkit.com," "we" or "us").
You agree to the following Website Terms and Conditions ("Terms
and Conditions"),
in their entirety, when you: (1) access or use the Website; (2)
submit an application to become a 5StarToolkit.com member
("Member" or "Membership"); and/or (3) purchase products or
services offered on our Website ( "Online Products").
These Terms and Conditions, the 5StarToolkit.com Privacy
Policy ("Privacy Policy") and any and all other applicable grant
kitoperating rules,
policies, price schedules and other supplemental terms and
conditions or documents that may be published from
time to time, are expressly incorporated herein by reference
(collectively, the "Agreement").
In addition, you must comply with all applicable laws when using
the Website or Online Products.
Please review the Agreement carefully. If you do not agree to the
terms and conditions contained within the Agreement
in its entirety, you are not authorized to use the Website in any
manner or form whatsoever. <br>
<br>
<u>1. Acceptance of Agreement.</u> You agree to the terms and
conditions outlined in the Agreement with
respect to your use of the Website including, but not limited to,
your submission of applications
to become a Member and/or your purchase of Online Products. The
Agreement constitutes the entire
and only agreement between you and grant kit with respect to your
use of the Website and supersedes
all prior or contemporaneous agreements, representations,
warranties and/or understandings with respect
to your use of the Website, the content contained therein and/or
the analyses, research, opinions and
other information provided by or through the Website. grant kit
may change the Agreement, in whole or
in part, at any time without specific notice to you. The latest
Agreement will be posted on the Website.
Your continued use of the Website following posted notice
constitutes your acceptance of all of the terms
and conditions contained within the Agreement in effect at that
time. Therefore, you should regularly
check this page for updates and/or changes. Unless explicitly
stated otherwise, any future offer(s) or
product(s) made available to you on the Website that augment(s) or
otherwise enhance(s) the current
features of the Website shall be subject to the Agreement. You
understand and agree that grant kitis not responsible or liable in any
manner whatsoever for your inability to use the Website and/or
obtain any Online Products. <br>
<br>
<u>2. Requirements.</u> The Website, Membership and/or the Online
Products offered are available only to
individuals in Canada, the US and the UK, that are at least
eighteen (18) years of age and that can enter into legally binding
contracts under applicable law. <br>
<br>
<u>3. Application Process.</u> In order to obtain Online Products and/or become a Member, you must
first submit the applicable application form ("Application") on 5StarToolkit.com to us for review and
initial approval. grant kit reserves the right, in its sole discretion, to deny the
Application of anyone at any time and for any reason, whatsoever. The registration data that
you must supply on the Website in order to obtain Online Products may include, without limitation:
(a) your full name; (b) mailing address; (c) e-mail address; (d) phone number; (e) credit card
information; and/or (k) any other information requested by us on the applicable form (collectively, "Registration Data").
You agree to provide true, accurate, current and complete Registration Data, as necessary, in order
to maintain it in up to date and accurate fashion. grant kit will verify and approve all Applications
in accordance with its standard verification procedures.
If your information later changes, it is your obligations to update that information with us. <br>
<br>
<u>4. Copyright and Trademarks.</u> "5StarToolkit.com" and all logos, page headers, custom graphics and icons
are trademarks and/or service marks owned by grant kit. All other trademarks, product names,
company names and logos appearing on the Website are the property of their respective owners.
The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces,
sounds and other material (collectively "Content") that are protected by copyrights, trademarks or
other proprietary rights, and these rights are valid and protected in all forms, media and technologies
existing now or developed in the future. All Content is copyrighted as a collective work under the United
States copyright laws, and grant kit owns a copyright in the selection, coordination,
arrangement and enhancement of such Content. All rights to such Content are reserved to their respective
copyright owners. Except as permitted by the fair use privilege under United States copyright laws
(see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce or distribute in any way Content
protected by copyright, or other proprietary right, without obtaining permission of the owner of the
copyright or other proprietary right. Any other use of the Content available on our Website, including
reproduction for purposes other than as noted above, modification, distribution, replication, commercial
or other use, without our prior written permission, is strictly prohibited. <br>
<br>
<u>5. Orders/Billing.</u> In consideration for the Online Products you receive on 5StarToolkit.com, you agree
to pay the Fees (as defined below). You shall have the choice to pay the Fees via the credit card or
debit card that you provide as part of your Application or update as a later date ("Active Credit Card").
Your card will be charged a processing fee of $2.97 to start; <br>
<br>
<u>Offer Details.</u> Clicking the buy button will activate your
trial membership on 5StarToolkit.com. To activate your trial
membership to 5StarToolkit.com your card will be charged $2.97. You
will receive access to our grant package for 3-days to evaluate the
product. If you are happy, do nothing and you will be charged
$57.61(USD) every thirty days for uninterrupted access to the latest
content. There are no obligations; You can cancel at any time by
contacting our Customer Care Department via phone at 1-877-374-0182
within the day period to cancel or emailing us <a href="mailto:atsupport@5StarToolkit.com">atsupport@5StarToolkit.com</a>
and providing detailed information to enable us to process your
request, and you will not be charged. You hereby authorize Grant Kit to
charge your Active Credit Card all fees associated with
5StarToolkit.com. Customers can contact our customer support for any
questions or problems with using or accessing the product. However, as
the product only includes information and resources we are not able to
guarantee any specific result or outcome. You agree to be bound by
these pricing and billing practices of grant kit in effect at the time
of purchase. For refund requests please contact customer support by
either phone or email. All refunds will be processed within 48 hours,
however it may take up to 10 days for the credit to appear on your
account.<br>
<br>
<u>6. Cancellation of Membership.</u> You may cancel your
Membership at any time if you are
not completely satisfied with 5StarToolkit.com. To cancel your
Membership, you must contact our customer services by doing one of the
following (i) contacting us via telephone at 1-877-374-0182 or (ii)
emailing us at <a href="mailto:support@5StarToolkit.com">support@5StarToolkit.com</a> and providing detailed information to enable us to process your request. .
Please have your e-mail address and other Registration Data available for efficient processing of your
cancellation order. You understand and agree that cancellation of your
Membership is your sole right and remedy with respect to any dispute with grant kit. Upon any termination
and/or cancellation of the Membership, your license grant, as set forth in Section 7 hereinbelow remains
active until the end of your paid term, but will be terminated immediately thereafter. <br>
<br>
<u>7. License Grant.</u> As a user of the Website, you are granted a non-exclusive, non-transferable, revocable
and limited license to access and use the Website. grant kit may terminate this license at any time for
any reason. Unless otherwise expressly authorized by us, as a visitor to the Website, you may only
use the Website and its Content for your own personal, non-commercial use. No part of the Website including,
but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, reverse engineer or transfer the Website, Content, and/or any portion thereof.
You may not create any "derivative works" by altering any aspect of the Website or its Content.
You may not use the Website and its Content in conjunction with any other third-party content. You may
not exploit any aspect of the Website and its Content for any commercial purposes not expressly permitted
by grant kit. We reserve any rights not explicitly granted in the Agreement. You may not use
any device, software or routine to interfere or attempt to interfere with the proper working of the Website
or exceed your permitted access.
You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure. <br>
<br>
<u>8. Indemnification.</u> You agree to indemnify and hold grant kit, its parents and subsidiaries, and each
of their respective members, officers, directors, employees, agents, co-branders, content licensors
and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees),
damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of:
(a) your use of the Website;
(b) the subsequent use by you of information obtained through the Website;
(b) your breach of the Agreement; and/or
(d) your violation of any rights of
another individual and/or entity or applicable law. The provisions of this paragraph are for the benefit of grant kit, its
parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees,
agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have
the right to assert and enforce these provisions directly against you on its own behalf. <br>
<br>
<u>9. Disclaimer of Warranties.</u> THE WEBSITE, THE ONLINE
PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES
OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND ALL WARRANTIES,
EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY COURSE OF DEALING AND/OR FITNESS FOR A
PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, grant kit MAKES NO WARRANTY THAT THE WEBSITE,
THE ONLINE PRODUCTS AND/OR
ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A)
WILL MEET YOUR REQUIREMENTS; (B)
WILL BE ACCURATE OR RELIABLE; (C) WILL BE AVAILABLE AND ACCESSIBLE
AT ALL TIMES. AN AVERAGE MONTHLY AVAILABILITY OF 99.5% OR MORE,
EXCLUDING REGULAR AND/OR SCHEDULED MAINTENANCE IS CONSIDERED ACCEPTABLE.
FURTHER, NO WARRANTY CAN BE MADE TO ANY CONTENT AND/OR WEB LINKS
PROVIDED BY THIRD PARTIES. THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY
OTHER PRODUCTS AND/OR
SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS.
grant kit WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE
UNDERLYING INTERNET CONNECTION
ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED
BY YOU FROM grant kit OR OTHERWISE THROUGH OR FROM THE WEBSITE,
SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE AGREEMENT. <br>
<br>
<u>10. Limitation of Liability.</u> YOU EXPRESSLY UNDERSTAND AND
AGREE THAT grant kit SHALL
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL,
CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF grant kit HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR DIRECT DAMAGES IN
EXCESS OF THE AMOUNT PAID BY YOU FOR THE ONLINE PRODUCTS,
TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR:
(A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE ONLINE
PRODUCTS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES OFFERED ON THE WEBSITE; (Bi) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT
AND/OR ANY OTHER PRODUCTS
PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE
UNAUTHORIZED ACCESS TO, OR ALTERATION OF,
YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; (D) ANY OTHER
MATTER RELATING TO THE WEBSITE, THE
ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED
ON THE WEBSITE. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT
NOT LIMITED TO, BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE grant kit FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THE
LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH
LIMITATION, THE MAXIMUM LIABILITY
OF grant kit TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE
HUNDRED ($500) DOLLARS. NO ACTION,
REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE
ONLINE PRODUCTS AND/OR ANY OTHER
PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY
YOU OR grant kit MORE THAN ONE
(1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF
ACTION. THE NEGATION OF DAMAGES SET FORTH
ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
YOU AND grant kit. ACCESS TO THE
WEBSITE AND/OR THE ONLINE PRODUCTS WOULD NOT BE PROVIDED TO YOU
WITHOUT SUCH LIMITATIONS. SOME
JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN
SUCH JURISDICTIONS grant kitLIABILITY SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW. <br>
<br>
<u>11. Third Party Websites.</u> The Website contains links to
other websites on the Internet and sells products that are owned
and operated by third parties. grant kit does not control the
information, products or services
available on these third party websites. The inclusion of any link
does not imply endorsement by
grant kit of the applicable website or any association with the
website's operators. Because grant kithas no control over such websites
and resources, you agree that grant kit is not responsible or
liable for the availability or the operation of such external
websites, for any material located on
or available from any such websites or for the protection of your
data by third parties.
Any dealings with, or participation in promotions offered by,
advertisers on the Website, including
the payment and delivery of related goods or services, and any
other terms, conditions, warranties
or representations associated with such dealings or promotions,
are solely between you and the applicable
advertiser or other third party. You further agree that grant kit
shall not be responsible or liable,
directly or indirectly, for any loss or damage caused by the use
of or reliance on any such material
available on or through any such site or any such dealings or
promotions. <br>
<br>
12. Miscellaneous. The laws of Georgia shall govern this Agreement.
YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN
GEORGIA FOR ALL MATTERS ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF
THE WEBSITE OR ONLINE PRODUCTS.
Each claim shall be adjudicated individually, and you agree not to combine your
claim with the claim of any third party. grant kit failure to enforce any provision of the
Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The parties do not intend that any agency or partnership relationship be created through operation of the
Agreement. If any part of this Agreement shall be held or declared to be invalid or unenforceable for
any reason by any court of competent jurisdiction, such provision shall be ineffective but shall
not affect any other part of this Agreement. <br>
<br>
<u>13. How to Contact Us.</u> If you have any questions about the Agreement or about
the practices of grant kit, please feel free to email our support department at <a href="mailto:support@5StarToolkit.com">support@5StarToolkit.com</a> or call us at 1-877-374-0182 (U.S.).
</span>
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