Terms & Conditions
Complete Sourcing Solutions, Inc.
Terms and Conditions
Last updated: October 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the 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.
License to use your Post(s)
If you post an image or video featuring any Fifth & Ninth product on your Instagram, Tik Tok, Facebook, Pinterest, Twitter or Snapchat page(s) and tag @fifthandninth, you:
- grant Fifth & Ninth a royalty-free perpetual, worldwide right and license to share and repost the Post(s) on our social media pages and website, and use reproduce, copy, modify, adapt, create derivative works from, publish, distribute, and display such Post(s) in any media and by any means for our promotional purposes from time to time;
- warrant that you have obtained all necessary licenses, approvals and consents in relation to the Post(s) including all intellectual property licenses pertaining to the use of name, likeness, images or anything else that identifies or belongs to the other person(s) in the Post(s) in the manner stated above; and
- consent to Fifth & Ninth using and publishing the name, image(s), likeness, or anything else that identifies you which is obtained in the Post(s) for the purposes described above;
- agree to Fifth & Ninth using your Post(s) in promotional efforts on our website, www.fifthandninth.com, in our email and SMS marketing, on our third party wholesale platforms, as well as other advertising purposes stated above.
If you decide you do not want us to use a Post, it is your responsibility to inform us. We agree to then remove the content where we can reasonably do so.
Affiliates / Gifted Items
1. Contact Information: By participating in the Fifth & Ninth Affiliate Program or receiving gifted Fifth & Ninth product(s), you agree to allow Fifth & Ninth to retain and use your contact information for the purpose of communicating with you regarding the Affiliate Program, product updates, promotions, and other relevant information. We value your privacy and will handle your contact information in accordance with our Privacy Policy.2. Labeling of Posts: To maintain transparency and compliance with advertising regulations, you agree to ensure that you or the client you represent clearly label all posts that feature the gifted Fifth & Ninth product(s) with the label "#ad" or any other required labeling as per applicable laws and regulations. This labeling should be clearly visible to viewers and convey that the content is sponsored or includes gifted items. By using appropriate labeling, you help protect the interests of consumers and maintain trust within the online community.
3. Grant of Rights: By participating in the Affiliate Program or creating content featuring Fifth & Ninth products, you grant Fifth & Ninth a royalty-free, perpetual, worldwide right and license to use, reproduce, copy, modify, adapt, create derivative works from, publish, distribute, and display any imagery, content, or media created by you or the client you represent. This includes, but is not limited to, photos, videos, text, graphics, and any other media format.
Fifth & Ninth may utilize this content on various platforms and channels, including but not limited to our social media pages, website, email and SMS marketing, third-party wholesale platforms, and paid advertising campaigns. We may modify or adapt the content to suit different platforms and promotional activities. This grant of rights extends to any necessary sub-licenses that may be required to achieve the purposes described in this policy.
4. Content Removal: While Fifth & Ninth strives to respect your rights and preferences, you acknowledge that once content has been shared and distributed, it may be challenging to remove it completely from all platforms and channels. However, Fifth & Ninth agrees to promptly remove the content upon your reasonable request, where it is feasible to do so. Please note that even after content removal, it may still exist in cached or archived versions or may have been shared by other users.
5. Use of Name and Likeness: You consent to Fifth & Ninth using and publishing (and authorizing others to use and publish) your or your client's name, images, likeness, or any other identifiable information present in the imagery, content, or other media that features Fifth & Ninth product(s). This usage is limited to the purposes described in this policy, including but not limited to promotional activities, marketing materials, and brand communication. We will ensure that the use of such information is in compliance with applicable laws and regulations and aligned with our brand values.
6. Warranties and Permissions: By participating in the Affiliate Program and sharing content featuring Fifth & Ninth products, you warrant that you or your client have obtained all necessary licenses, consents, and approvals to permit Fifth & Ninth to use the content or media in the manner described above. This includes obtaining any required intellectual property licenses, releases from individuals featured in the content, and any other permissions necessary. You are responsible for ensuring that your content does not infringe upon the rights of any third party.
You further warrant that the content you create or share is original, does not violate any laws or regulations, and does not infringe upon the intellectual property rights, privacy rights, or any other legal rights of any third party. You indemnify and hold Fifth & Ninth harmless from any claims, damages, losses, or expenses arising out of your failure to obtain the necessary licenses.
Coupon Sharing Sites [Effective Date: 06/19/2023]
Our Affiliate Program is designed to reward affiliates for their efforts in promoting our products/services through their social platforms. To maintain fairness and ensure that referrals are earned through their own efforts and merit, we have implemented a policy regarding the use of referral codes on coupon sharing sites. This policy outlines the procedures and consequences for affiliates whose referral codes are found on such platforms.
1. Definitions:
a. Affiliate: An individual or entity participating in our Affiliate Program, promoting our products/services through their social platforms.b. Coupon Sharing Site: A public website or platform that primarily focuses on sharing coupon codes, discounts, or promotional offers.
c. Referral Code: A unique identifier assigned to an affiliate, used to track and credit referrals.
2. Policy:
a. Ownership of Referrals: Referrals should be earned by the affiliate's own efforts and merit through their social platforms. The use of coupon sharing sites undermines the purpose of the program and may lead to the potential misattribution of referrals.
b. Identification of Referral Codes on Coupon Sharing Sites: We actively monitor coupon sharing sites, including but not limited to Dealspotr, CouponBirds, DealDrop, and other public coupon sites, to identify instances where an affiliate's referral code is found.
c. Referral Code Change Procedure: If an affiliate's referral code is found on a coupon sharing site, we will notify the affiliate regarding the violation of our policy. Upon verification, the affiliate's referral code will be changed.
d. Consequences for Repeated Violations: Repeated violations of this policy may result in further consequences, including but not limited to suspension or termination of the affiliate's participation in the program or reduced commission.
e. Reporting Coupon Sharing Sites: Affiliates are encouraged to report any instances where their referral codes are found on coupon sharing sites, to ensure the integrity of the program. Such reports will be treated with confidentiality.
3. Communication and Enforcement:
4. Amendments: This policy may be subject to periodic review and amendments. Affiliates will be notified of any changes to the policy in a timely manner.
By participating in our Affiliate Program, affiliates agree to comply with this policy. Failure to adhere to this policy may result in consequences, including but not limited to referral code changes, suspension, or termination from the program.
Please note that this policy is subject to the terms and conditions of our Affiliate Program Agreement, and it does not supersede any other contractual obligations between affiliates and our company.
If you have any questions or require further clarification regarding the Affiliate Program policy, please contact our Affiliate Program Manager at social@fifthandninth.com.
Contact Us
If you have any questions about these Terms, please contact us at squad@fifthandninth.com
Business Address: 1004 Boston Neck Road Suite 5 Narragansett, RI 02882 – 401.789.2500
