TERMS OF SERVICE- FIVE STARS APPS SOLUTIONS-2023
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR
SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED
HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE
CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 06/01/2021.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with
our users and others which may interact or interface with Five Stars App Solutions, also known as Five Star App Store,
located at 1333 E 63rd St, Tulsa, Oklahoma 74136 and our subsidiaries and affiliates, in association with the use of the Five
Star App Store website, which includes Five Stars App Solutions, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Provision of useful apps to serve as alternative disruptors to traditional methods
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications,
which may include some mobile applications and that those applications may be made available on various social media
networking sites and numerous other platforms and downloadable programs, are the sole property of Five Stars App
Solutions. At its discretion, Five Stars App Solutions may offer additional website Services and/or products, or update, modify
or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products
and any and all updated, modified or revised Services unless otherwise stipulated. Five Stars App Solutions does hereby
reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user
acknowledge, accept and agree that Five Stars App Solutions shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such
posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or
modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to
ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you
must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Five
Stars App Solutions shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to
store user content, communication or personalization settings.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the Five Stars App Solutions
Online Privacy Policy (see the full Privacy Policy at ). As a member, you herein consent to the collection and use of the
information provided, including the transfer of information within the United States and/or other countries for storage,
processing or use by Five Stars App Solutions and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating
to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software,
technology and other technical data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that
you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be
part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to
any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end
uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation
of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Five Stars App Solutions shall not lay claim to ownership of any content submitted by any visitor or user, nor make such
content available for inclusion on our website Services. Therefore, you hereby grant and allow for Five Stars App Solutions
the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Five Stars App Solutions's
sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of providing and promoting the specific area to
which this content was placed and/or made available for viewing. This license shall be available so long as you are a
member of Five Stars App Solutions's sites, and shall terminate at such time when you elect to discontinue your
membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Five
Stars App Solutions's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform
and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the
specific area in which this content was placed and/or made available for viewing. This license shall be available so long
as you are a member of Five Stars App Solutions's sites and shall terminate at such time when you elect to discontinue
your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Five Stars App
Solutions's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in
whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current
used or later developed.
Those areas which may be deemed "publicly accessible" areas of Five Stars App Solutions's sites are those such areas of our
network properties which are meant to be available to the general public, and which would include message boards and
groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Five Stars App Solutions provides an area for our users to contribute feedback to our website. When you submit ideas,
documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Five Star App Store shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions;
c) Five Star App Store shall be entitled to make use of and/or disclose any such Contributions in any such manner as
they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Five Star App Store; and
e) Five Star App Store is under no obligation to either compensate or provide any form of reimbursement in any manner
or nature.
INDEMNITY
All users herein agree to insure and hold Five Stars App Solutions, our subsidiaries, affiliates, agents, employees, officers,
partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable
attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit
or otherwise make available through our Services, the use of Five Star App Store Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use
of, or access to Five Star App Store's sites.
MODIFICATIONS
Five Stars App Solutions shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part
thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through
our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term,
condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Five Stars App Solutions shall not be held responsible or liable for any loss or
damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.
LINKS
Either Five Stars App Solutions or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such,
we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or
available from such third party sites or resources. Furthermore, you acknowledge and agree that Five Stars App Solutions
shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or
allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Five Stars App Solutions's Services and any essential software that may be used
in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by advertisers is protected by
copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Five Stars App Solutions or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Five
Stars App Solutions Services (e.g. Content or Software), in whole or part.
Five Stars App Solutions herein has granted you personal, non-transferable and non-exclusive rights and/or license to make
use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to
locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right
in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as
such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any
means other than through the interface which is provided by Five Stars App Solutions for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF FIVE STARS APP SOLUTIONS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.
OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. FIVE
STARS APP SOLUTIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) FIVE STARS APP SOLUTIONS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) FIVE STARS APP SOLUTIONS SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) FIVE STARS APP SOLUTIONS SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE FIVE STARS APP SOLUTIONS SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF FIVE STARS APP
SOLUTIONS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,
DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY
YOU FROM FIVE STARS APP SOLUTIONS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER
SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY
PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN
EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FIVE STARS APP SOLUTIONS AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Five Stars App Solutions (and its officers, directors, employees, agents,
parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information
from our Services concerning companies, stock quotes, investments or securities, please review the above Sections
Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the
investor beware" is appropriate. Five Stars App Solutions's content is provided primarily for informational purposes, and no
content that shall be provided or included in our Services is intended for trading or investing purposes. Five Stars App
Solutions and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information
transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME
OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT
APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no thirdparty beneficiaries to this agreement.
NOTICE
Five Stars App Solutions may furnish you with notices, including those with regards to any changes to the TOS, including but
not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects
of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in
an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Five Stars App Solutions trademarks, copyright, trade name,
service marks, and other Five Stars App Solutions logos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of Five Stars App Solutions. You herein agree not to display and/or
use in any manner the Five Stars App Solutions logo or marks without obtaining Five Stars App Solutions's prior written
consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Five Stars App Solutions will always respect the intellectual property of others, and we ask that all of our users do the same.
With regards to appropriate circumstances and at its sole discretion, Five Stars App Solutions may disable and/or terminate
the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright
owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful
and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on
the copyright or intellectual property owner's behalf.
The Five Stars App Solutions Agent for notice of claims of copyright or other intellectual property infringement can be
contacted as follows:
Mailing Address:
Five Stars App Solutions
Attn: Copyright Agent
1333 E 63rd St
Tulsa, Oklahoma 74136
Telephone: 3364509676
Email: jayceepee1@fivestarsappsolutions.com
CLOSED CAPTIONING
BE IT KNOWN, that Five Stars App Solutions complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more information, please visit our website at Five Stars App
Solutions.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Five Stars App Solutions and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with respect to Five Stars App Solutions Services.
You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Five Stars
App Solutions Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Five Stars App Solutions with regard to the TOS that the relationship between
the parties shall be governed by the laws of the state of Oklahoma without regard to its conflict of law provisions and that any
and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Five
Stars App Solutions, shall be filed within the courts having jurisdiction within the County of Tulsa, Oklahoma or the U.S.
District Court located in said state. You and Five Stars App Solutions agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts
and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Five Stars App Solutions fail to exercise or enforce any right or provision of the TOS, such failure shall not
constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out
of or related to the use of our Services or the TOS must be filed within 2 year(s) after said claim or cause of action arose or
shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Five Stars App Solutions as follows:
Mailing Address:
Five Stars App Solutions
1333 E 63rd St
Tulsa, Oklahoma 74136
Telephone: 3364509676
Email: jayceepee1@fivestarsappsolutions.com