Terms & Conditions

The FiveStarBasics service, including (without limitation) all websites, mobile applications and other interactive properties through which such services are delivered (collectively, the “Website”) are owned, operated and distributed by FiveStarBasics Clothing Co. LLC, a Delaware company (referred to in these Terms and Conditions as “FiveStarBasics,” “we” and through similar words such as “us,” “our,” etc.).

By accessing any part of the Website or by placing any purchase orders using the Website, you are agreeing to the terms and conditions described below (the “Terms and Conditions”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY NOTICE (the “Privacy Notice”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. Only upon acceptance of the terms contained herein, will you be entitled to submit electronic orders. Any violation of the terms will result in termination of your account. This website is not intended for persons under 18 years of age.

We reserve the right to refuse a User’s access to the Website for any reason, at our sole discretion. In addition, at our sole discretion, we may suspend or terminate a User’s account for any reason.

Compliance

To ensure you remain in compliance with these Terms and Conditions, FiveStarBasics recommends reviewing the current Terms and Conditions each time you access or use the Website. All access to and use of the Website, Accounts and the materials, content, information and data contained on or provided through the Website and Accounts are subject to compliance with these Terms and Conditions and all applicable laws, rules and regulations. If you have any questions or comments regarding these Terms and Conditions or the Website, please contact FiveStarBasics at the contact information listed below.

Account Terms

By registering with the Website you can access or view the prices, product inventories, and submit purchase orders electronically. The security and confidentiality of your Account username and password is your sole responsibility. You shall ensure that no unauthorized person shall have access to your Account, username or password and shall immediately notify FiveStarBasics of any unauthorized access or use of which you become aware. You agree to bear all responsibility and liability for all actions under or through your Account as well as all fees and/or charges incurred from the use of your Account, whether authorized or unauthorized. You may update your Account by changing the Account settings. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

All of the information and data you provide to FiveStarBasics in connection with registering for your Account (“Account Data”) must be true, accurate, current and complete at all times. You must immediately update your Account Data to keep it true, accurate, current and complete. Notwithstanding anything to the contrary, you hereby authorize FiveStarBasics and its affiliates, contractors and suppliers to use, copy, and disclose Account Data (i) as part of providing the Services, (ii) if required by applicable law, (iii) where necessary to enforce these Terms of Use and/or to protect any of FiveStarBasics's or other parties’ legal rights, (iv) in an aggregated form which does not include your identifying information, and (v) as permitted by FiveStarBasics's Privacy Notice. You are solely responsible to obtain any necessary rights, authorizations and consents with respect to your Account Data, including, without limitation, to grant the foregoing rights to FiveStarBasics and its affiliates, contractors and suppliers. If you provide FiveStarBasics your email address, you hereby consent to and authorize FiveStarBasics to (a) send notices regarding the Services to such email address, instead of notice by other means such as mail, and (b) send other messages to such email address, such as changes to features of the Services and special offers (collectively, “Other Messages”). If you do not want to receive Other Messages that may be classified as marketing communication, you will be provided the opportunity to opt out of such communication.

Payment

You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge extra charges for your credit card or other payment method for any products purchased from the Website, the degree to which it may be required or permitted by law in connection with a particular transaction. You are responsible for the timely payment of all fees and for providing us with a valid credit card or other account details for payment of all fees.

Errors and Inaccuracies

Although we try to maintain accurate and current information on our site, mistakes do happen. FiveStarBasics may have errors related to products' pricing and availability. We reserve the right to correct these errors, even after an order has been submitted. We will however, contact you before making any changes to your order. We apologize for any inconvenience this may cause.

Ownership and Intellectual Property

All material included on the Website, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Website is subject to copyright owned exclusively by us. Content on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.  You shall not challenge or assist any third party to dispute or challenge FiveStarBasics's or its licensors’ ownership of such rights or the validity or enforceability of such rights. FiveStarBasics expressly reserves all rights not expressly set forth in these Terms and Conditions.

Prohibited Uses

In addition to uses otherwise prohibited by FiveStarBasics, these Terms and Conditions or applicable law, you shall not, and you shall not allow any third party to, do any of the following:

Download, access, use or register for the Website if you are under eighteen (18) years old.

• Change or delete any copyright or proprietary notices from the Website.
• Use the Website other than as permitted by these Terms and Conditions and that you will not use the Website in a manner inconsistent with the original intent of its design.
• To impersonate or attempt to impersonate FiveStarBasics, an FiveStarBasics employee, another authorized User, or any other person or entity.
• Access or use the Website by artificial means or in a manner that, in FiveStarBasics sole discretion, would inflict an excessive load on FiveStarBasics or its suppliers’ hardware or software.
• Post, upload or transmit: (i) any data, content or materials meant to market or advertise services or products that are competitive with the Website, solicit any other Users of the Website for such purposes and/or use data, content or materials gathered from the Website for such purposes, (ii) any data, content or materials of any type that infringe or violate any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret or any proprietary or other right of FiveStarBasics or a third party, (iii) any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of FiveStarBasics or a third party, and/or (iv) any disabling code (defined as computer code designed to interfere with the normal operation of the Website or FiveStarBasics or a third party’s hardware or software) or any program routine, device or other undisclosed feature, including, but not limited to, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse or trap door which is designed to delete, disable, deactivate, interfere with or otherwise harm the Website or FiveStarBasics or a third party’s hardware or software.
• Use the Website for any benchmarking, monitoring or testing availability or performance, or any other competitive use, including, but not limited to, creating services, products or software that are substantially similar to the Website.
• Use or access the Website or any data, content or materials provided through the Website in violation of international, federal, state or local law or other applicable rules or regulations (including, without limitation, any laws regarding the export of data or software to and from the US and other countries). If you access the Website from outside the United States, you do so at your own risk and responsibility for compliance with laws of your jurisdiction.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm FiveStarBasics or Users of the Website or expose them to liability.

 Accessibility and Updates

You are solely responsible for providing, maintaining and ensuring compatibility with the access requirements for the Website, and all hardware, software, electrical or other physical requirements for use of the Website, including, without limitation, mobile devices, telecommunications and internet access, connections, web browsers or other equipment, programs and services required to download, access and use the Website.

Third Party Content and Products

The Website may contain links to third party content and other third-party websites that are not owned or controlled by FiveStarBasics. Links are provided to online Users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by FiveStarBasics. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We 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 Third-Party Content.

Access to the Website may include hardware, software, and other proprietary materials from FiveStarBasics third party suppliers (including, but not limited to, Shopify) that are subject to license rights, terms and restrictions (collectively, “Third-Party Licenses”). In such event, your rights to the Website are expressly subordinate and subject to the Third-Party Licenses and you must comply with Third-Party Licenses. If FiveStarBasics rights provided by a third-party supplier are limited, suspended or terminated for any reason, your rights shall also be so limited, suspended or terminated. To the extent of any conflict between the terms of these Terms and Conditions and the terms of a Third-Party License, the terms of the Third Party-License shall control with respect to the applicable third-party product.

Termination

Access to the Website is provided at the discretion of FiveStarBasics. FiveStarBasics has the right at any time, with or without prior notice, to suspend or terminate your access to the Website or your Account, and to refuse any and all current or future use of all or any portion thereof, for any reason, including, but not limited to, if FiveStarBasics believes that you are in violation of any of the provisions of these Terms and Conditions, your Account is being used without your authorization, or the information you have provided is inaccurate, not current or incomplete.

Indemnification

To the fullest extent permitted by law, you shall indemnify, defend and hold FiveStarBasics harmless from and against any and all losses, liabilities, suits, actions, obligations, fines, damages, judgments, penalties, claims, causes of action, charges, costs and expenses (including, but not limited to, attorneys’ fees, disbursements and court costs prior to trial, at trial and on appeal) arising out of or resulting from, or alleged to result from (i) your breach of these Terms and Conditions, (ii) your access to and use of the Website, and/or (iii) your submitted User Generated Content (as defined in the Privacy Notice) and your Account Data; provided, the foregoing provisions of this Section shall not apply to the extent such losses, costs and expenses arise out of the gross negligence or willful misconduct of FiveStarBasics.

Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, FIVESTARBASICS DOES NOT MAKE AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) WITH REGARD TO THE SERVICES, USER GENERATED CONTENT OR ANY OTHER DATA, CONTENT AND MATERIALS CONTAINED IN OR PROVIDED THROUGH THE SERVICES. THE SERVICES AND USER GENERATED CONTENT ARE PROVIDED ON AN “AS IS” BASIS. IF YOU ARE DISSATISFIED WITH THE SERVICES, USER GENERATED CONTENT, THESE TERMS OF USE OR ANY PORTION OF THE FOREGOING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. FIVESTARBASICS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS.

Liability

SUBJECT TO THE OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIVESTARBASICS OR ANY OTHER  AGENTS, CONTRACTORS, EMPLOYEES, OR AFFILIATES OF FIVESTARBASICS BE LIABLE UNDER ANY LEGAL THEORY FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES OR USER GENERATED CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTEREST OR INTERRUPTION OF BUSINESS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES EXCEPT TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED ONE HUNDRED AND NO/100 DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT. Any of your claims arising in connection with these Terms and Conditions, the Website or User Generated Content must be brought within one (1) year of the date that the event giving rise to such action occurred.

Force Majeure

FiveStarBasics shall not be responsible for delays or failures of performance resulting from acts beyond its reasonable control. Such acts shall include, but are not limited to, acts of God, strikes, public internet and private internet connection failures, third party service providers, lockouts, riots, acts of war, acts of terror, epidemics, government regulations, fire, communication line failures, power failures, earthquakes and other disasters.

Personal Information

FiveStarBasics may collect your personal and non-personal information when you download, register for, access and/or use the Website. You agree that FiveStarBasics may collect, process, transfer, use and disclose your information in accordance with FiveStarBasics Privacy Notice which is incorporated herein by reference and deemed a part hereof.

Messaging

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/fivestarbasics/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/fivestarbasics/privacy_policy).

Feedback

If you submit any ideas, concepts, feedback or related information concerning the Website to FiveStarBasics through the Website or by other means, you hereby grant, and/or warrant that the owner of such content or intellectual property has expressly granted to FiveStarBasics, a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable, sublicensable (through multiple tiers) license to reproduce, copy, use, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such content or intellectual property in any media or medium, or any form, format or forum now known or hereafter developed.

Assignment

You may not assign or transfer these Terms and Conditions, or any of your rights or obligations hereunder, without the prior written consent of FiveStarBasics, and any attempted assignment or transfer without FiveStarBasics prior written consent shall be null and void. FiveStarBasics may assign these Terms and Conditions to an affiliate or the surviving entity or its successor in the event of its merger or the sale of all or substantially all of its assets. All of the terms and provisions of these Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, estates, heirs, successors and permitted assigns.

Governing Law

These Terms and Conditions shall be governed by, construed and enforced according to the laws of the State of Delaware, without regard to its conflict or choice of law principles. Any action arising out of or relating to these Terms and Conditions shall be brought only in the state or federal courts located in the State of Delaware.

Contact Information

Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing. If communication is sent non-electronically, it shall be deemed received given three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested, or when received via electronic mail.

Contact information for each party as set forth below.

To FiveStarBasics:        

FiveStarBasics

To you:                        

As specified in your Account information.

Miscellaneous

Section headings are not to be considered part of these Terms and Conditions. They are included solely for convenience and not intended to be full or accurate descriptions of the content hereof. Except as otherwise set forth herein, if any provision of these Terms and Conditions is found void or unenforceable, this will not affect the validity of the balance of these Terms and Conditions, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Except as stated herein, nothing in these Terms and Conditions is intended to confer upon any person other than the parties hereto, and their respective personal representatives, estates, heirs, successors and permitted assigns, any rights or remedies under or by reason of these Terms and Conditions. Any and all rights and obligations contained in these Terms and Conditions which by their nature and/or context are intended to survive termination of these Terms and Conditions shall so survive, including, but not limited to, perpetual license grants, indemnification, limitations of liability and disclaimers. No breach or right under these Terms and Conditions may be waived unless in writing signed by the waiving party.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.

Changes to Terms and Conditions

FiveStarBasics may modify these Terms and Conditions from time to time by posting an updated version of these Terms and Conditions and changing the “Date Last Modified” above. Such changes shall be effective immediately upon posting updated Terms and Conditions. If you continue to access or use the Website, you accept such modified terms. If you do not agree to such changes, do not continue to access or use the Website.

(Last Modified July 8, 2022)