You must read and agree to these terms and conditions before you may leave a review on 5StarReview.com. Please read them carefully. By visiting 5StarReview.com, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.
1. Eligibility:
You must be eighteen or over to register as a member of or use this site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old. (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority). You affirm that you are not an employee, relative, owner, or affiliated with the business that you are reviewing on 5StarReview.com.
2. Proprietary Rights of Content on 5StarReview.com
5 Star Review, LLC, owns and retains other proprietary rights in the 5StarReview.com site and the 5StarReview.com service. Copying, publishing, transmitting, distributing, performing, displaying, or using information contained on this site in any manner without the expressed written permission of 5 Star Review, LLC. is hereby prohibited.
3. Content Posted on the Site/CDA: A) 5 Star Review, LLC, claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that 5 Star Review, LLC, may delete any content, messages, or profiles (collectively, "Content") that in the sole judgment 5 Star Review, LLC, violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of 5 Star Review, LLC, and/or its members.
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on 5StarReview.com, or transmit to other 5 Star Review, LLC, members.
C) You affirm that you are not an owner, employee, family member of affiliated with any service provider or company that you review.
D) By posting content to any public area of 5StarReview.com you automatically grant, and you represent and warrant that you have the right to grant, to 5 Star Review, LLC, and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
E) The following is a partial list of the kind of content that is illegal or prohibited on the site. 5 Star Review, LLC, will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
F) You must use the 5StarReview.com service in a manner consistent with any and all applicable laws and regulations.
G) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the 5StarReview.com Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to 5 Star Review, LLC, by our users or third parties.
H) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other 5StarReview.com members. Although 5 Star Review, LLC, cannot monitor the conduct of its members off the 5StarReview.com site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
7. Member Disputes:
5 Star Review, LLC, does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using 5StarReview.com. You are solely responsible for your interactions with other 5StarReview.com members/businesses. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on 5StarReview.com, you release 5 Star Review, LLC, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 5 Star Review, LLC reserves the right, but has no obligation, to monitor disputes between you and other members. If you leave a negative review or a review of 2 stars or less, the reviewed business has a right to contact you to resolve the issue. If you do not respond within 14 days, your negative review will be removed.
8. Privacy:
Use of the 5StarReview.com and/or its service is governed by our Privacy Policy, which may change from time to time without notice.
9. Disclaimers:
5 Star Review LLC, including its officers, directors, agents, subsidiaries and employees are not responsible for any incorrect or inaccurate content posted on the site or in connection with the 5StarReview.com service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the 5StarReview.com service whether online or offline. 5 Star Review, LLC, assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. 5 Star Review, LLC, is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the 5StarReview.com site and/or in connection with the 5StarReview.com service. Under no circumstances will 5 Star Review, LLC, be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the 5StarReview.com site or transmitted to 5StarReview.com members. The site and the service are provided "AS-IS" and 5 Star Review, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. 5 Star Review, LLC, cannot guarantee and does not promise any specific results from use of the site and/or the 5StarReview.com service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will 5 Star Review, LLC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the 5StarReview.com service, even if 5 Star Review, LLC, has been advised of the possibility of such damages. Not withstanding anything to the contrary contained herein, 5 Star Review, LLC's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to 5StarReview.com for the service during the term of membership.
12. Arbitration of Disputes:
Any and all disputes arising out of these Terms of Use and/or your relationship with 5 Star Review, LLC, shall be submitted to the binding arbitration according to the rules of the American Arbitration Association. The party to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. The arbitration shall take place exclusively in Virginia and shall be governed by Virginia law without regard to its conflict of law provisions.
13. Indemnity:
You agree to indemnify and hold harmless from any loss, liability, claim, or demand, including reasonable attorney's fees made by another person or entity against 5 Star Review LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees arising, in whole or part, from your use of service of this site, including but not limited to any alleged libelous or slanderous comments which you may make on this site.
14. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
5 Star Review, LLC
43017 Falls Overlook Court,
Leesburg, VA 20176
or to the email address you provide to 5StarReview.com. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, 5 Star Review, LLC, may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to 5StarReview.com. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by 5 Star Review, LLC, in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to 5 Star Review, LLC, shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. 5 Star Review, LLC's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Legal Notice
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL INFORMATION, SERVICES, AND CONTENT PROVIDED ON OR IN CONNECTION WITH THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: 5 STAR REVIEW, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION OR CONTENT PROVIDED HEREIN IS ACCURATE, COMPLETE, OR AUTHENTIC; AND 5 STAR REVIEW, LLC SHALL HAVE NO LIABILITY WHATSOEVER FOR INFORMATION OR CONTENT PROVIDED BY THIRD PARTIES. 5 STAR REVIEW, LLC RESERVES THE RIGHT TO MODIFY ANY INFORMATION, CONTENT OR SERVICES AT ANY TIME WITHOUT NOTICE.
Disclaimer
5 Star Review, LLC, makes every effort to ensure the information presented in, on or through its website is accurate, however, because 5 Star Review, LLC, communicates information provided and created by consumers, advertisers, and other third parties, 5 Star Review, LLC, has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
Warranty, Liability, Indemnification
5 Star Review, LLC, makes no representations regarding the availability and performance of its website. You hereby acknowledge that any use of the website and reliance upon any Materials shall be at your sole risk and that 5 Star Review LLC shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY 5 STAR REVIEW, LLC ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. 5 STAR REVIEW, LLC, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.
IN NO EVENT SHALL 5 STAR REVIEW, LLC, BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. BY 5 STAR REVIEW, LLC SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
5 Star Review, LLC, reserves the right to revise Materials on the Website and/or to modify any features, specifications, or materials without notice.