Full Terms And Conditions
Terms of Service Statement
This website is operated by Five Star Business Consultants, Inc. and ProShotReturn.com. Throughout the site, the terms “we”, “us”, and “our” refer to Five Star Business Consultants, Inc. and ProShotReturn.com. Five Star Business Consultants, Inc. and ProShotReturn.com offers this website, including all information, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing our product(s) from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Services”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Services apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Services carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Services. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Services are considered an offer, acceptance is expressly limited to these Terms of Services.
Any new features which are added to the current store shall also be subject to the Terms of Services. You can review the most current version of the Terms of Services at any time on this page. We reserve the right to update, change or replace any part of these Terms of Services by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website following the posting of any changes, constitutes acceptance of those changes.
Our store is hosted on Shopify.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - ONLINE STORE TERMS
By agreeing to these Terms of Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright and/or patent laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
ARTICLE 7 - NON-ORIGINAL EQUIPMENT MANUFACTURER (OEM) PRODUCTS
We may provide you with access to third-party products over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such products ”as is” and “as available” (see Article 13) without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party products.
Any use by you of products offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which products are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ARTICLE 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation; (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property of these Terms of Services.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, patent, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ARTICLE 10 - PERSONAL INFORMATION
ARTICLE 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Services, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' (see Article 7) for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Five Star Business Consultants, Inc. and ProShotReturn.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Five Star Business Consultants, Inc. and ProShotReturn.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms of Services is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Services, such determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Services are effective unless and until terminated by either you or us. You may terminate these Terms of Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Services, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision.
These Terms of Services and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Services).
Any ambiguities in the interpretation of these Terms of Services shall not be construed against the drafting party.
ARTICLE 18 - GOVERNING LAW
These Terms of Services and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado.
ARTICLE 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Services at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Services by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Services constitutes acceptance of those changes.
ARTICLE 20 - CONTACT INFORMATION
Questions about the Terms of Services should be sent to us at Support@ProShotReturn.com.
Limited Product Warranty Statement
30 Day Money-Back Guarantee
We believe you will be completely satisfied with the performance of the ProShot Return. However, in the unlikely case you are not completely satisfied with your purchase, you can return it within 30 days from your purchase date.
The original purchasing customer of the ProShot Return must obtain a "Return Merchandise Authorization" or a (RMA) number from the manufacturer, in order to return the product. All shipping expenses are the responsibility of the customer. Package and product must be returned in new condition and in the original packaging containers in order to ensure that the product will be received by the manufacturer undamaged. A 20% restocking fee on the product purchase price will apply to all product purchase refunds.
180 Day Limited Product Warranty
Coverage includes any replacement parts needed due to component or part failure during normal use, from date of purchase and for 180 days thereafter. This 180 Day Limited Warranty applies to all ProShot Return "Original Equipment Manufacturer" (OEM) product components or parts. This warranty only applies to original purchasing customers and does not apply to repurchased or refurbished units.
Failure to follow all warning and safety procedures as outlined on the instructions and warning labels of the product will void this 180 Day Limited Product Warranty.
Customer will be asked to verify original purchase
Final decisions are at the discretion of the manufacturer - all claims MUST be in writing.
One Year Limited Product Warranty
If the manufacturer determines the need to replace a component or part on the product within one year from the date of product purchase, the manufacturer will ship a replacement part free of charge to the original customer.
General Policy Statement
ARTICLE 1 - PAYMENT TYPES
We accept most major credit cards. We will accept wire transfers and checks. Shipment of product will occur once payment has cleared our bank account. Your card will be charged prior to shipping. All transactions are in US dollars.
ARTICLE 2 - SHIPPING
You have the choice of how your purchased product is shipped. A one-time Handling Fee will be applied to your shipping costs at the time of purchase. Please inspect your new product immediately upon arrival. If there are concerns with the shipping box or materials, or if you have any other concerns regarding your shipment, please email us at Support@ProShotReturn.com within 24 hours. We are not responsible for: 1) the cost to replace product due to damage caused by the shipping carrier, 2) late deliveries due to incorrect addresses, 3) weather or events beyond our control, and 4) missed deliveries due on the part of the shipping carrier. Five Star Business Consultants, Inc. and ProShotReturn.com hires a third party for delivery. Guaranteed deliveries are optional for an additional fee. If products are returned to ProShot Return as a result of an incorrect address provided by the customer, the customer will be responsible for all shipping costs related to the return and reshipment.
ARTICLE 3 - ORDER PLACEMENT
Our normal business hours are Mon – Fri (8:00am – 5:00pm MST). Daily shipping cutoff is 1:30pm MST Mon – Fri. Orders placed after 1:30pm will ship out the following business day. Saturdays and Sundays are non-operating business days.
ARTICLE 4 - QUESTIONS
You can contact us by phone during our normal business hours on Mon – Fri (8:00am – 5:00pm MST at: 720-535-7366 or by email at: Support@ProShotReturn.
ARTICLE 5 - RETURN POLICY
We believe you will be completely satisfied with the performance of the ProShot Return. However, in the unlikely case you are not completely satisfied with your purchase, you can return it within 30 days from your purchase date.
The original purchasing customer of the ProShot Return must obtain a "Return Merchandise Authorization" (RMA) number from the manufacture, in order to return the product. All shipping expenses are the responsibility of the customer. Package and product must be returned in new condition and in the original packaging containers in order to ensure the product will be received by the manufacturer undamaged. A 20% restocking fee on the product purchase price will apply to all product purchase refunds.
Refunds will be credited in the same form as the original payment type. You must return your product by the same method with a tracking number to the address stated in your (RMA).
ARTICLE 6 - RESTOCKING FEE
If you have taken receipt of the ProShot Return box(es) and the product is returned within the specified "Money-Back Guarantee" period, a 20% restocking fee will apply on the receipted purchase price of the product. We recommend you keep all the packaging and boxes for the ProShot Return to return shipment to us during the "Money-Back Guarantee" period. If there are parts missing or they are damaged then the restocking fee of 20% may increase.
ARTICLE 7 - REFUNDS
To obtain a refund from us, you must first obtain a "Return Merchandise Authorization" (RMA) number from us. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed based on the receipted value of your purchase, less the restocking fee and a credit will automatically be applied to your credit card or original method of payment, within a specified amount of days. We reserve the right to reject any refund on the basis of fraudulent claims, misuse of product, and/or failure to follow instructions or warning labels and statements.
ARTICLE 8 - LATE OR MISSING REFUNDS
The timing of refunds when using bank cards, bank checks, bank credit card, and/or any other payment processing means for purchases are subject to the length of time by those institutions' processing policies and is not the responsibility of Five Star Business Consultants, Inc. and ProShotReturn.com.
ARTICLE 9 - ON-SALE ITEM REFUNDS
Products will be refunded at the product receipted sales price at the time of purchase, less restocking fees or any other fees that may apply. Some items that are deemed "On-Sale" may not be a consideration for return nor refund.
ARTICLE 10 - EXCHANGES
We only replace items if we are the cause of the defective or damaged item. If you need to exchange an item you must contact us and receive a "Return Merchandise Authorization" (RMA) number by calling or emailing us at: 720-535-7366 or Support@ProShotReturn.com.
This policy reflects our position on the following:
3rd Party Disclosure
3rd Party Links
Fair Information Practices
Our Contact Information
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our website in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey, or other site feature.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order, enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
- Help remember and process the items in the shopping cart.
- Understand and save user's preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you disable cookies, some features will be disabled. It won't affect the users experience that makes your site experience more efficient and some of our services will not function properly.
However, you can still place orders.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have implemented the following:
- Remarketing with Google AdSense
We, along with third-party vendors, such as Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Users are able to change their personal information:
- By emailing us
- By calling us
- By logging in to their account
- By chatting with us or sending us a ticket
How does our site handle "do not track signals"?
We honor "do not track signals" and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It's also important to note that we do not allow third party behavioral tracking.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
- Within 7 business days
We will notify the users via in site notification
- Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Confirm customer orders, send tracking information, and contact with any questions about an order
- Request product and site reviews
To be in accordance with CAN-SPAM we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can email us at email@example.com and we will promptly remove you from ALL correspondence.
P.O. Box 1507
Eastlake, CO 80614
Return Merchandise Authorization (RMA):