This document was last updated on 6/17/11
By using any one of our Sites, you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and Conditions (including our Privacy Statement (“Privacy Statement”)), (b) agree to follow these Terms and Conditions and all applicable laws and regulations governing our Sites, (c) represent and warrant that you are at least 18 years old, are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes on our Sites as if a resident, and have the right, authority, and capacity to enter into these Terms and Conditions (either on behalf of yourself or the entity you represent if you are using this Site on behalf of an entity). If you do not agree with the foregoing, you are not authorized to use the Sites.
These Terms and Conditions are a legal agreement between you and Gold Star Mortgage Financial Group that is providing you the Site, product, or service (“Gold Star Mortgage Financial Group”, “us”, or “we”). These Terms and Conditions (including the Privacy Statement) constitute the entire agreement between you and Gold Star Mortgage Financial Group regarding the subject matter hereof. These Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, to which notice of objection is hereby given, whether or not such terms or conditions are signed by Gold Star Mortgage Financial Group. Any offer by Gold Star Mortgage Financial Group is conditioned on your acceptance of these Terms and Conditions.
MODIFICATION TO TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Sites. If you violate these Terms and Conditions, we may terminate your use of the Sites, bar you from future use of the Sites, and/or take appropriate legal action against you.
You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS OF Gold Star Mortgage Financial Group
Each of our Sites is owned and operated by us and are © 2011, ALL RIGHTS RESERVED. “Site Content” means all features, materials, information, content, text, site design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on our Sites, as well as the selection, assembly and arrangement thereof, and includes our greeting, hint, reminder or Track & Modify Your Order services, our Affiliate Program(s) and corporate accounts, the ability to order products and services and receive newsletters and promotional emails. Unless otherwise specified, all Site Content is the sole property of Gold Star Mortgage Financial Group or its suppliers/licensors. All Site Content is protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
The following is a list of trademarks, trade names and service marks owned by Gold Star Mortgage Financial Group: Always Be Closing ®
The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Gold Star Mortgage Financial Group in the United States and/or other countries. All other trade names, trademarks or service marks are property of their respective designated owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at firstname.lastname@example.org
Unless we allow “guest” purchases, you will need to establish an account with us to use certain features of the Sites (e.g., to order products and services from the Sites). During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; and (iii) you are not a competitor of Gold Star Mortgage Financial Group, or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. Please notify us at email@example.com of any potential unauthorized use(s) of your account, or breach of security.
If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a user name that Gold Star Mortgage Financial Group in its sole discretion deems offensive; and (iv) you are not a competitor of Gold Star Mortgage Financial Group, or an agent thereof.
VIOLATION OF THE TERMS AND CONDITIONS
By using any one of our Sites, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, one or more of our Sites and to any services offered on our Sites, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or the rights of Gold Star Mortgage Financial Group or another user. We will have no liability to you for any deletion of your User Content.
LICENSE GRANTED BY YOU
By providing, submitting, uploading any communications, reviews, comments, feedback, postings, materials, photographs or artwork, personalization content, or any other content for use on any of our Sites or in connection with a customized product purchase (“User Content”), (a) you represent and warrant that you are the owner of all rights to such User Content and that such User Content does not violate our Acceptable Use Policy (below), and (b) you hereby grant us, and agree to grant us, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license (with the right to sublicense) in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of the User Content in our sole discretion by any method now existing or later developed, subject to our Privacy Statement. Subject to our Privacy Statement, any User Content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Notwithstanding the foregoing, User Content that is Feedback will be assigned to Gold Star Mortgage Financial Group in accordance with the Section on Feedback below.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”) on the Site is the exclusive property of the Company or its Licensors and may not be copied, reproduced, uploaded, posted, publicly displayed, transmitted or distributed in any way or republished without prior consent of the Company.
CONTESTS, PROMOTIONS AND SPECIAL FEATURES
From time to time the Company may incorporate contests, promotions or offers into the Site. By using these features, you represent that you are of legal age to use or participate in such service or feature and that your use of such features does not violate any laws.
Certain features offered on the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
In the event Gold Star Mortgage Financial Group is asked by a customer to use any logo, copy, trademarked or copyrighted intellectual property, the customer must provide in written form, a signed copy of an official body authorizing the use of said intellectual property. It is the customer’s responsibility to ensure compliance with applicable copyright and trademark laws, and by using such intellectual properties, the customer agrees to accept full responsibility from any lawsuit issued as a result of the use of intellectual properties. The customer also agrees to waive any right to bring legal action against Gold Star Mortgage Financial Group for the use of intellectual properties. The customer is also responsible for all legal fees, attorney’s fees, court costs, and other damages and expenses incurred by Gold Star Mortgage Financial Group as a result of any lawsuit resulting from the use of intellectual properties at the customer’s direction. Logos used on this website are an indication of imprint ability, and do not necessarily reflect endorsement of these products by these companies.
SPAM FILTERS & FIREWALLS
You agree to configure your spam filter and check your deleted folder to ensure that important emails from Gold Star Mortgage Financial Group are properly received and read.
By using the Site you are also acknowledging and accepting the terms of the Privacy Statement, as published here.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
USE OF SITE
You promise to make only lawful use of the Web Site. You promise to make no use of the Web Site that violates anyone else’s rights, including copyright, trademark, trade secret, privacy or other rights. You promise not to upload, post, transmit, distribute or otherwise publish on or to the Web Site any materials that:
- (a) contain a software virus or other harmful component.
- (b) contain advertising or commercial material.
- (c) are false, threatening, libelous, defamatory, pornographic, obscene or otherwise unlawful.
You are solely responsible for the content of any material you submit to this Web Site. Abcofsales.com is not responsible or liable for the conduct of any Web Site user, or for materials published to the Web Site by any Web Site user other than Abcofsales.com. You may not:
- (a) use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post Content to include extracting embedded emaill addresses for ANY use.
- (b) interfere with the Web Site or any other user’s use of the Web Site, including, without limitation, Denial of Service (DOS) attacks, overloading, “flooding”, or “crashing” the Web Site.
- (c) send unsolicited e-mail through the Web Site or forge or mask your identity in any e-mail or posting.
- (d) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web Site.
- (e) insert any code or product or manipulate the Content in any way that affects any user’s experience of the Web Site.
ERRORS OR MODIFICATIONS
The Company reserves the right to, at any time, modify, alter, suspend or remove the Site in whole or in part. Under no circumstances will the Company be liable for any damages, liability or injury caused by such modifications. Additionally, the Company does not guarantee that the function of the site will be error-free or uninterrupted. Under no circumstances will the Company be liable for any damages, liability or injury caused by errors or unexpected behaviors of the Site, or by your inability to access part or all of the Site.
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity by verifying the method of payment, billing address, and shipping address. We reserve the right to reject any order placed and to limit quantities on any order for any reason. If we reject your order, we will attempt to notify you using the e-mail address provided.
If your order is rejected, your credit or debit card may indicate a “Pending Charge” which is a temporary charge that is automatically removed within 1-3 business days.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
For each product or service you order on any of the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts..
Gold Star Mortgage Financial Group will collect all sales tax for the State of Michigan where applicable. Any entity which is tax exempt must submit a signed Michigan Sales and Use Tax Certificate of Exemption (available at: http://www.michigan.gov/documents/taxes/3372_216612_7.pdf) by mail to
Gold Star Mortgage Financial Group
3879 Packard Road
Ann Arbor, MI 48108
Such orders will not be processed until the required documentation has been received.
We do not collect sales or use taxes for other states. For states imposing sales and use taxes, your purchase may be subject to sales or use taxes unless it is specifically exempt from taxation. Your purchase is not necessarily exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of law’s provisions. Venue for any arbitration or legal proceeding is understood by agreement to be in the State of Michigan in Michigan based courts of law.
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Abcofsales.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
If an order is not well received please contact our Customer Service Department at firstname.lastname@example.org within 7 days of receipt of goods: DO NOT DISCARD DEFECTIVE OR DAMAGED MERCHANDISE. Claims will be reviewed on a case-by-case basis to determine the most effective resolution. We may request a digital image or a physical sample of the item depicting the problem. Upon receipt of requested sample, we will promptly resolve the issue within reason. Claims resulting in refunds require the return of the defective or damaged items per the credit card industry standard. An RMA (Return Manufacturer’s Authorization) may be issued to return the goods. Failure to return original merchandise will result in money owed for original and reprint orders: WE DO NOT PAY FOR RETURN SHIPPING. We do not accept unauthorized returns. When applicable, discounts or refunds will be deducted from the product price ONLY. Discounts or refunds do NOT apply toward shipping, or other ancillary costs. Discounts or refunds will be issued in the form of a check or credit card refund (based on the original method of payment).
Once an order leaves the premises of Gold Star Mortgage Financial Group or affiliates, title of the goods passes to the buyer. Gold Star Mortgage Financial Group does not assume liability for breakage, carrier delays, or lost or misplaced packages caused by the carrier, or delays due to acts of God. Claims must be filed with the carrier within 7 days of receipt of package(s). Gold Star Mortgage Financial Group is not responsible in the event the customer refuses delivery or customer is not available to accept delivery.
We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.
DISCLAIMERS AND LIMITATION OF LIABILITY
By using, you expressly agree that use of Abcofsales.com is at your sole risk. Abcofsales.com is provided on an “AS IS” and “as available” basis. Neither Gold Star Mortgage Financial Group, affiliates, licensees, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (“Associates”) warrant that use of Abcofsales.com will be uninterrupted or error-free. Neither Gold Star Mortgage Financial Group nor its Associates warrant the accuracy, integrity or completeness of the content provided on Abcofsales.com or the products or services offered for sale on Abcofsales.com. Further, Gold Star Mortgage Financial Group makes no representation that content provided on Abcofsales.com is applicable to, or appropriate for use in, locations outside of the United States. Gold Star Mortgage Financial Group and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Abcofsales.com or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you. In all circumstances,
Gold Star Mortgage Financial Group’s maximum liability for use of its products, or services, or Web Site, in any event, is limited to the purchase price of the products sold. Gold Star Mortgage Financial Group will not, under any circumstance, be held liable for any claim or action that exceeds this liability limit. Gold Star Mortgage Financial Group will not be liable for any third party claims for damages against the customer, nor for malfunction of product, cause of delays, interruption of service, or loss of business.
Under no circumstances shall Gold Star Mortgage Financial Group or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use Abcofsales.com, including but not limited to reliance by you on any information obtained from Abcofsales.com that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Gold Star Mortgage Financial Group has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through Abcofsales.com. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify, and hold harmless Gold Star Mortgage Financial Group and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web Site in violation of any of the Terms.
OUTSIDE THE UNITED STATES
We make no representations that the Site Content is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
By using any one of our Sites, you agree to indemnify and hold Gold Star Mortgage Financial Group, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions.
If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.
If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us at email@example.com or send your comments / questions to:
Gold Star Mortgage Financial Group
3879 Packard Road
Ann Arbor, MI 48108
Gold Star Mortgage Financial Group will use commercially reasonable efforts to promptly respond and resolve any problem or question.