Complete Sourcing Solutions, Inc.

Terms and Conditions
Last updated: April 05, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.fifthandninth.com website (the “Service”) operated by Complete Sourcing Solutions, Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Complete Sourcing Solutions, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Complete Sourcing Solutions, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Restrictions on Use of Materials

Complete Sourcing Solutions, Inc. owns and operates the Site. “Fifthandninth.com”, the Fifth & Ninth logo, and our motto are copyrights of Complete Sourcing Solutions, Inc. and Fifth and Ninth. Other registered trade-marks, trade-marks, related words, domain names and logos which are the property of Complete Sourcing Solutions, Inc. and Fifth & Ninth may appear from time to time on the Site. All other trade-marks, product names and company names or logos cited herein which are not the property of Complete Sourcing Solutions, Inc. or Fifth & Ninth are the property of their respective owners. Complete Sourcing Solutions, Inc. and Fifth & Ninth trade-marks may not be used without Complete Sourcing Solutions, Inc.’s or Fifth & Ninth’s express authorization and, without limiting the generality of the foregoing, Complete Sourcing Solutions, Inc’s. and/or Fifth & Ninth’s trade-marks may not be used in connection with any products or services which are not Complete Sourcing Solutions, Inc. and Fifth & Ninth’s or authorized by Complete Sourcing Solutions, Inc. or Fifth & Ninth, or in any manner that is likely to cause confusion among customers or potential customers of Complete Sourcing Solutions, Inc. and Fifth & Ninth, or in any manner that disparages or discredits Complete Sourcing Solutions, Inc.

All material contained on the Site including the content, site design, text, graphics, and the selection and arrangement thereof are the copyright of Complete Sourcing Solutions, Inc. and Fifth & Ninth. (unless otherwise expressly stated). No material from the Site or any website owned, operated, licensed, or controlled by Complete Sourcing Solutions, Inc. or Fifth & Ninth. may be copied, reproduced, republished, framed, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. You may not display or provide for display pages from this Site in a frame. If you wish to link to this Site, please contact us to obtain our written approval. Failure to obtain such approval in advance is a violation of this agreement and an infringement of Complete Sourcing Solutions, Inc. and Fifth & Ninth’s copyright and other proprietary rights, and is expressly prohibited. Modification of the materials or use of the materials for any other purpose than those described above is a violation of Complete Sourcing Solutions, Inc. and Fifth & Ninth’s copyright and other proprietary rights, and is also strictly prohibited.

Cookies, Web Beacons, and Other Similar Technologies

Our Website uses “cookie” and “web beacon” technology. We use cookies and web beacons to distinguish you from other visitors, track your IP address and usage of our site, and to identify the name of the website from which you linked to fifthandninth.com. This information is used for fulfilling contracts with our business partners, and to help us serve you better by improving our website design, as well as our products, services, and promotions. We do not otherwise track any information about your use of other websites. Non-personally identifiable information obtained through cookies and web beacons may be shared with or obtained by service providers on our behalf.
A cookie is a small data file that is placed on the hard drive of your computer when you visit a website. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. A web beacon is a small string of code that represents a clear graphic image and is used in conjunction with a cookie.

When you visit our Website, we may use both a session and a persistent cookie. This Fifth & Ninth-placed cookie may contain information (such as a unique user ID) that is used to track your usage of our Website and in some cases, your e-mail address. Your e-mail address is only saved in this Fifth & Ninth-placed cookie if you register with us. A web beacon allows us to capture certain additional types of information about a visitor’s actions on a website, such as a visitor’s cookie number, the time, date, duration and number of page views, a description of the page where the Web beacon is placed, and details about any items that were purchased.
If you register with us, this Fifth & Ninth-placed cookie allows us to recognize you when you return to our Website and provides you with access to your account information. If you save your information with or order from us, we may also use cookies to monitor and maintain information about your use of our Website. If you have not saved your information with or ordered from us, we may monitor and maintain information about your use of our Website in a manner that does not identify you. You can disable cookies at any time by using your browser options; however, if you turn off cookies, we will not be able to track your order or enable you to make a purchase from our Website. In addition, we will not be able to recognize you as a registered user to allow you access to your account information.

We may use Flash Cookies (also known as Local Stored Objects) or other similar technologies. A Flash cookie is a small data file placed on a computer using Adobe Flash technology that may be built into your computer or downloaded by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, personalize and store your settings. Flash cookies may help our website visitors to, for example, set volume preference associated with a video experience, play games and perform surveys. They help us improve our sites by measuring which areas are of greatest interest to customers. We do not use Flash cookies for marketing or behavioral targeting purposes. Flash cookies are different from browser cookies and the cookie management tools provided by your browser will not remove Flash cookies. Learn how to manage privacy and storage settings for Flash cookies. If you disable Flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Complete Sourcing Solutions, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Complete Sourcing Solutions, Inc.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Complete Sourcing Solutions, Inc.
Complete Sourcing Solutions, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Complete Sourcing Solutions, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Complete Sourcing Solutions, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Complete Sourcing Solutions, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Complete Sourcing Solutions, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Rhode Island, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]