FiveToNine. Co

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.  Your use of this website is expressly conditioned on your acceptance of the following terms and conditions.  By using this website, you signify your assent to these terms and conditions.  If you do not agree with any part of the following terms and conditions, do not use this website.  

OWNERSHIP.  This website, and each of its components, is the copyrighted property of ("Five to Nine"), and its affiliates, various third-party providers and distributors.  Portions of the content found on this website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers.  None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Five to Nine and its third-party providers and distributors.  In addition, the trademarks, logos and service marks displayed on this website (collectively, the "Trademarks") are registered and common law trademarks of Five to Nine, its affiliates, and various third parties.  Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Five to Nine or such other party that may own the Trademark.  

USE OF SITE.  You may only use this website to browse the content, make inquiries to Five to Nine, order Five to Nine products and not for any other purposes.  This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Five to Nine, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only.  “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing.  Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.  You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials.  The use of such materials on any other website or in any environment of networked computers is prohibited.  You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  The links from this website to any other websites are provided for your information and convenience only.  Five to Nine  does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation.  Five to Nine does not review or monitor such links.  A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website.  While this website may contain "links" to other sites, we are not responsible for the content or the privacy practices employed by other sites.  You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Five to Nine (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site). 
AGE AND RESPONSIBILITY.  You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website.  You understand that you are financially responsible for all uses of this website by you and those using your Access Codes (defined hereafter).  

PRIVACY.  You represent that you have read the Five to Nine Privacy Policy (, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.  You consent to the use of any information submitted to Five to Nine by Five to Nine and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Five to Nine’s Privacy Policy.  

SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS.  Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.

PASSWORDS.  When you order you will be given the opportunity to create and account.  In that regard, you will be permitted to create your own username and passwords  ("Access Codes").  Thereafter, you may utilize those Access Codes to obtain access to your account.  You will be responsible for any activities conducted using Access Codes assigned to you.

EXCLUSION OF WARRANTY. FIVE TO NINE AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS.  FIVE TO NINE AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS.  FIVE TO NINE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE FIVE TO NINE COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website.  Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays.  The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Five to Nine may make additions, deletions, or modifications to the Information at any time without any prior notification.


INDEMNIFICATION.  You shall defend and indemnify Five to Nine and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.  

SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Five to Nine regarding the products or services of Five to Nine.  Submissions will not be confidential and will become the property of Five to Nine upon submission to Five to Nine.  By providing any Submissions, you agree to assign to Five to Nine, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions.  You represent and warrant that any Submission you provide to Five to Nine will be complete and accurate.  You acknowledge that you are responsible for the Submissions that you provide, and that you, not Five to Nine, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. 

Except as expressly stated and agreed upon in advance by Five to Nine, no confidential relationship shall be established if any user of this website should make any oral, written or electronic communication to Five to Nine (such as feedback, questions, comments, suggestions, ideas, etc.).  If any Five to Nine website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Five to Nine shall obtain, use and maintain it in a manner consistent with our Privacy Policy ( Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Five to Nine shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.  The sender of any information to Five to Nine is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.  

PRODUCT AND SERVICE AVAILABILITY.  Reference to any product or service on the website constitutes an offer to sell or supply that product or service and does not mean that the product or service is available at the moment you order it.  Five to Nine manages all or portions of the website from Illinois, in the United States of America.  We in no way imply that the materials on the website are appropriate or available for use outside of the United States and we may not be able to fill your order if you require shipping outside of the United States.  

We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day.  In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed.  If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.  

COLORS.  Five to Nine attempts to display the colors of our products as accurately as possible.  Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

BACKORDERS (OUT OF STOCK).  Backordered merchandise includes items that are not currently in stock.  In most cases, these items are on order from our manufacturing facilities or suppliers.  In some cases, we are researching or waiting for stock information from one or more of our suppliers.  We will notify you if a backorder situation exists.

PRICES AND AVAILABILITY.  PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.  The listing, description of, or reference to, a product or service on the website does not imply that the product or service is presently available.  If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price

ORDER ACCEPTANCE.  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 or for no reason at all.  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 product or service.  We may require additional verifications or information before accepting any order. 

SALES TAX.  We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Illinois, unless you have provided us with an exemption certificate.  Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

REGISTRATION AND SECURITY.  If you wish to purchase any products or use certain services on the website, you must provide certain minimum the required information to us.  By entering any information on the website, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.  Additionally, you agree to maintain the strict confidentiality of your account and any Access Codes that you have chosen.  Remember that you are responsible for all activity that occurs under your account or Access Codes.  We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.  All information provided to us will be used in accordance with our Privacy Policy ( 

If you want to cancel your Access Codes, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify us immediately at We may delete or change any Access Code at any time and for any reason.

PAYMENT.  You are responsible for any payments due for any products or services ordered through your account.  You shall also be responsible for any costs of collection for overdue payments.

RELATIONSHIP.  Your use of this website is independent of Five to Nine and not as an employee, agent, partner, or joint venturer with Five to Nine for any purpose.  We will permit our independent sales representatives to access portions of this website.  

GOVERNING LAW.  This Agreement and its performance shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois, United States of America, in all questions and controversies arising out of your use of this website and this Agreement.

ASSIGNMENT.  You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

MODIFICATION.  Five to Nine may at any time modify these Terms of Use in our discretion without notice.  Your use of this website will be conditioned upon the Terms of Use posted on our site at the time of your use.  Please be sure to review our Privacy Policy ( before proceeding to use our website.

ADDITIONAL TERMS.  Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.

SEVERABILITY.  These terms and conditions shall be deemed severable.  If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS.  The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

ENTIRE AGREEMENT.  These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.

HOW TO CONTACT US.  If you have any comments or questions, please do not hesitate to contact us at 

Welcome to  Because your privacy is very important to us, we want you to understand our practices with regard to collecting and using your information both online and offline and the steps we take to safeguard it.  This statement applies to Personally Identifiable Information collected from our customers.  When this Privacy Policy uses the term "Personally Identifiable Information" it refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you.  Personally Identifiable Information might include your name, mailing address, telephone number, mobile phone number, email address, and other identification and contact information.  We may also collect certain financial information; whenever we do so, we will attempt to provide a link to this Policy so that you can confirm how this information will be used.  With this information, we can fill your service and product orders and better provide you with personalized services.
"Non Personally Identifiable Information" refers to information that does not identify a specific individual by itself or in combination with other information.  We may gather certain information about you such as age, date of birth, gender, as well as consumer purchasing information based upon where you shop on any one of our websites.  This information may be compiled and analyzed on both a personal and an aggregated basis.  This information may include the website's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address.  A URL is the global address of documents and other resources on the Internet.  An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the Internet.  Networks use the TCP/IP protocol to route information based on the IP address of the destination.  In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet, allowing Internet servers to locate and identify your computer.  Computers require IP addresses in order for users to communicate on the Internet, browse and shop.  
We welcome any and all questions and feedback.  For privacy-related issues, please contact us at:

Information We Collect

Personally Identifiable Information
We may collect personally Identifiable Information when you:
Place an order from our website
Return an item or make an exchange
Inquire about our services
Request product information
Create an account on our website
Participate in a marketing survey, promotion or event either online or offline.
Correspond with us, or
Otherwise volunteer information.

Non-Personally Identifiable Information
Our website collects some non-personal information about you using clickstream technology, so it may not be readily apparent to you that it is being collected.  Non-Personally Identifiable Information is not combined with Personally Identifiable Information.  
Use of Data We Collect 

Personally Identifiable Information 

At Five to Nine, we always want to provide you with the best possible shopping experience and fulfill your orders exactly as you've requested.  In order to do this, we use your Personally Identifiable Information to allow us to:

Process and track your order
Provide the services you request
Contact you about the status of an order
Send you catalogs or promotional offers we believe will be of interest to you
Identify your product and service preferences
Customize our communications to you
Provide information concerning product recalls or products you have purchased
Improve our merchandise selection and customer service

Your email address will not be shared with any third parties.  Instructions for unsubscribing from any newsletters, promotions or non-transactional related emails are included in every email.

Non-Personally Identifiable Information.  

We use the Non-Personally Identifiable Information that we collect from our customers and other visitors in a manner that does not personally identify any individual.  We use Non-Personally Identifiable Information to make our website more interesting and useful to you.  We also track the pages or documents accessed within our website.  This information is collected for systems administration and for analyzing and improving the value of the material available on our website.  This Non-Personally Identifiable Information is used to help our advertisers or our site design teams create advertisements our guests might like.

Cookies:  Like many other commercial sites, our website utilizes standard technologies called "cookies" to collect information about how our website is used.  A cookie is a small data text file, that a website stores on your computer's hard drive (if your web browser permits) that can later be retrieved to identify you to us.  Cookies are designed to help a website recognize a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site.  A cookie cannot be read by a website other than the one that set the cookie.  Cookies can securely store a customer's password, personalize home pages, identify which parts of a site have been visited or keep track of selections, such as those selected in a "shopping cart."  For instance, cookies allow us to prepopulate (or fill in) an email field with your email address if you revisit one of our website and place an order.  A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your email address.
We send a cookie to your hard drive when you make an order to record the product name, category of product that you ordered, the amount paid, the order number and any referral codes.  No Personally Identifiable Information is recorded.  When you click through to our website from a promotional email, our third-party advertising service partner may send a cookie to your hard drive recording your IP address and other related information.  
Information We Share with Others 

Our Contractors 

We contract with other companies (such as shippers and website developers) to provide certain services to Five to Nine to fulfill orders, provide contests and create our website.  In some instances, these contractors may have access to Personally Identifiable Information but they are contractually obligated to maintain the confidentiality of the information and to use it only for purposes of carrying out the business of Five to Nine. 

These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than Five to Nine.

Third Parties 

Your personally identifiable information is never shared with any third party (except as described above to our contractors who use it ONLY to carry out Five to Nine business.)

Disclosure Exceptions 

Notwithstanding the above policies, we may disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary:

To comply with legal process such as a search warrant, subpoena or court order;
To protect the company's rights and property;
To investigate reports of fraud or of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages;
To protect against misuse or unauthorized use of our website; or
During emergencies, such as when we believe someone's physical safety is at risk.

In the unlikely event that Five to Nine ever becomes insolvent and seeks protection under bankruptcy or insolvency laws, or if Five to Nine plans to merge or be acquired by another business entity, Five to Nine may share or sell your personal information and non-personal information with a third party that acquires the business of Five to Nine.

Your Choices 

We offer choices about the types of information you receive from us.  If you prefer not to receive product information or other communications from Five to Nine or if you prefer to receive them less frequently, please contact us at 

Please be sure to provide us your exact name and address, or the mailing label from your catalog, so that we can be sure to identify you correctly.  Because mailings are planned in advance, it may take several weeks for your request to become effective.  If, due to human error, you continue to receive unwanted communications, please contact us again and we will make every effort to correct the situation.

Email Use 

When you provide us your email address, we may send you emails necessary to process your order or respond to a request.  For example, after you place an order at any of our websites you will receive an email confirmation and, in most cases, an email with package tracking information.  It is our intent to send you promotional email only if you have agreed to receive it.  Instructions on how to unsubscribe are included in each promotional e-mail or newsletter.  Your email address will be used only to respond to your request or to process your order, and will not be shared with any third parties.  Instructions for unsubscribing are included in every email containing promotional material.

Links to Other website 

Occasionally we provide links on our website to other sites we think you will enjoy.  These sites operate independently of Five to Nine and have established their own privacy and security policies.  Five to Nine does not have any control over the privacy practices of these sites.  For the best online experience, we strongly encourage you to review these policies at any site you visit.


It is our intent to protect against the loss, misuse, or alteration of information that we have collected from you.  We employ reasonable security measures to protect the security of the information you submit to us.  We limit the information we provide to outside companies with whom we contract to only what they need to carry out their responsibilities.  When you make a purchase, request product information or create an account on our website, your transactional information is transmitted in a safe, encrypted format.  We maintain the data you provide, along with a record of your purchases, in a secure database. 

We also encourage our partners and service providers to adopt and follow stringent consumer privacy policies.
Privacy of Children on Our Web website 

It is our policy not to collect Personally Identifiable Information from any person under 13 because children are not permitted to use this website, and we request that children under the age of 13 not submit any Personally Identifiable Information to us through the website.  If we learn that we have inadvertently gathered Personally Identifiable Information from children under 13, we will promptly remove such information from our records.
Policy Changes 

Five to Nine may at any time modify this Privacy Policy in our discretion without notice.  Your use of this website will be conditioned upon the Privacy Policy that is posted on our site at the time of your use.  Please be sure to review our Terms of Use before proceeding to use our website.

Questions or Comments? 

For questions, comments or assistance, we invite you to contact us at our email or physical address at the beginning of this Policy.