Terms and Condition
Effective: March 14, 2019
Your use of Services offered and provided by us shall serve as your acceptance and understanding of the Agreement and acknowledgment that agree to abide by the terms in the Agreement. It further serves as affirmation that you are 13 years of age or older and authorized to enter into an agreement with us whether or not any further agreement between you and us or any agent or you or us occurs. All information and services provided on through our Services may be used only in accordance with the Agreement. Should you object to the Agreement or any other terms or policies instituted by us you must immediately cease use of Our Services. Failure to use our Services in accordance with the Agreement may subject you to civil and criminal penalties.
We reserve the right to change, alter, add to, delete or otherwise or amend (“Amendment”) any term in the Agreement, or in any portion of our Service. An Amendment may occur at any time, with said Amendment being immediately effective upon an updated version of the Agreement being place on our website located at www.Fives Investments.com. You are responsible for and agree to regularly review the Agreement and agree to accept any change or amendment to the Agreement by Your use of our Services. By use of our Services You further agree that adequate and constructive notice has been provided to You of any Amendments to the Agreement.
YOUR USE OF OUR SERVICES SHALL ACT AS YOUR ACCEPTANCE AND UNDERSTANDING OF THE AGREEMENT AND YOUR ACKNOWLEDGMENT THAT YOU WILL COMPLY WITH THE AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM IN THE AGREEMENT YOU MUST IMMEDIATELY CEASE USE OF OUR SERVICES.
A. Account Creation and Use of Services.
1. You may be asked to provide an email address and create a username and password to make an account to use our Services. You are solely responsible for maintaining the confidentiality of their account, including your username and password, and you are responsible for restricting access to the account. Any information provided to us by you in conjunction with your account must be complete, current and accurate. We are not responsible for any information provided by You that is incorrect or out of date.
2. You may act as an agent on behalf of another individual or agency when using our Services with the understanding that any/all parties you are acting for or on behalf of understand, acknowledge and consent to this Agreement. If you are acting as an agent, you are representing that you are authorized to act on behalf of the individual or agency and you agree to accept any and all liability for any harm that may result from you acting as an agent.
3. You are granted a limited, revocable license to access and use our Services in strict accordance with this Agreement.
B. Limitations on Use. Without limitation, you agree to refrain from the following actions while using our Services: (1) Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances; (2) Posting any ad of which is prohibited by any law or regulation; (3) Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the our Services; (4) Posting advertising or solicitation that is not appropriate or prohibited; (5) Posting adult content or explicit adult material; (6) Posting, anywhere in or on Our Services, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts; (7) Posting any solicitation directly or in “coded” fashion for any illegal service including exchanging sexual favors for money or other valuable consideration; (8) Posting any material that exploits minors in any way; (9) Posting any material that in any way constitutes or assists in human trafficking; (10) Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of our Services unless the user has granted permission or otherwise allowed contact for solicitation; (11) Deleting or revising any material posted by any other user; (12) Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others, including against us; (13) Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part or aspect of our Services unless expressly permitted by us in writing; (14) Taking any action to create a disproportionately large usage load on our Services unless expressly permitted by us in writing; (15) Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element; (16) Gaining or attempting to gain unauthorized access to nonpublic areas of our Service. In addition, if You have a password to a non-public area, You may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes; (17) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of our Service; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of our Service, its content or information available from our Service without the our written consent; (18) Discriminating on or through our Service based on race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law; (19) Posting or sending messages on or through our Services which violate any law or regulation in the origin of each country that uses our Services; (20) Using our Services to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity. (21) Posting ads or promoting links to commercial services or web sites on or through our Service without our written permission; (22) Posting any material on or through our Service which is prohibited by applicable federal, state, or local law; (23) Failing to comply with all applicable laws, statutes, regulations, and ordinances.
C. Use of Services.
1. Any ads, content or messages that You post, transmit, or otherwise make available for viewing on public areas of our Services will be treated as non-confidential and nonproprietary to you. You understand and agree that any such ads, content or messages may be used by us or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including print media, if any. You grant us and our affiliates the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
2. You acknowledge and agree that you will not submit or post any ad, content or message which discriminates based on race, color, national origin, religion, sex, sexual orientation, familial status and/or handicap/disability. If you see any ad, content or posting which discriminates based on any of the above factors, you are encouraged to report such the posting to us.
3. You understand that we shall have the right, but not the obligation, to remove, edit or delete with or without notice and with or without cause any ad, content or message made on or through our Services.
1. We may impose a fee for using our Services, which we will clearly indicate to you by giving you the choice of paying or not paying. At no time will we charge a fee for using our Service without your explicit consent. Your choice of paying or not paying to use our Service will not in any way affect the applicability of this Agreement to you or reduce your obligation to abide by this Agreement. Payment may be made, in our discretion, through a third-party payment system or processor of our choosing.
2. If you choose to pay a fee to use our Service, the amount will be the agreed upon between you and us at the time you make the payment and payment will be due from you to us immediately unless otherwise agreed to in writing between you and Us. Fees are subject to change without notice and past payment of a fee will not guarantee the same fee in the future will be the same amount, unless otherwise agreed to in writing between you and us.
3. If You have a dispute about a fee, please contact us by email at info@Fives Investments.com. Under no circumstances will we provide a refund in the event that content posted by you is removed from our Service for violations of this Agreement.
4. All fees are exclusive of all taxes and similar fees now in force or enacted in the future, all of which You will be responsible for and will pay in full, except for taxes based on our net income. Because state and local tax laws vary significantly by locality, You understand and agree that You are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice.
5. You agree that you will not use our Service or other third-party payment service in connection with our Service for any activity that: (i) Violates any law, statute, ordinance or regulation; (ii) Relates to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law; (iii) Relates to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services; (iv) Involves the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) Violates applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; or (vi) Involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery).
E. Termination and Limits of Access. We retain the irrevocable right to terminate or limit your access to our Services, with or without notice, if we believe you have violated this any part of this Agreement or if we believe, in our discretion, that termination or limiting your access to our Servics would be in our best interest. You agree to not hold us liable for such termination or limitation, and further agree not to attempt to use our Service after termination.
F. No Third-Party Beneficiaries. You agree that, except as otherwise provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
G. Copyright and Trademarks.
1. All materials on our Services including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to us or owned by other parties who have posted on our Service. Materials from our Service and from any other website or app owned, operated, controlled, or licensed by us must not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
2. In posting ads, content or messages on or through our Service, you grant us, without limitation or reservation, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the content.
H. Notification of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to us by email at Info@Fives Investments.com (please put “Copyright Infringement” in the email’s subject line): (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) A description of the copyrighted work or other intellectual property that you claim has been infringed; (3) A description of where the material that you claim is infringing is located on our Service; (4) Your name, address, telephone number and email address; (5) A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
I. Confidentiality. By using our Service, you agree to use the same degree of care to protect our Confidential Information that you use to protect the confidentiality of your own confidential information of like kind (but in no event less than reasonable care) and to not disclose or use any Confidential Information for any purpose outside the scope of this Agreement. For the purpose of this Agreement, “Confidential Information” means all information disclosed by us to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and/or the circumstances of disclosure. Confidential Information will include, but is not limited to, business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by us.
J. Privacy. You agree to comply with all privacy and data protection laws and regulations applicable to you when using our Services.
K. Release. You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other users of our Services will be limited to a claim against the particular user or users who caused You harm. You agree not to attempt to impose liability on, or seek any legal remedy from us. You hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users of our Service or your experience as a user of our Service. If you are a California resident, then you agree to waive California Civil Code section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
K.1. You agree that we will use your email to notify you, and only you, of our product or any other promotions and sales.
L. Disclaimer Of Warranties. YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT (1) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (2) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE OUR SERVICE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (5) THAT ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS USE OR TRANSMISSION. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. USE OF OUR SERVICES IS AT YOUR OWN RISK. ON BEHALF OF OURSELVES AND OUR AGENTS AND SUBCONTRACTORS, WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY OR COMPLETELY SECURE.
M. Disclaimer of Actions Caused by and/or Under the Control of Third Parties. WE DO NOT AND CANNOT CONTROL THE FLOW OF TRAFFIC OR DATA TO OR FROM THE INTERNET. SUCH FLOWS DEPEND IN LARGE PART ON LOCAL WEATHER AND TRAFFIC CONDITIONS AND THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, LOCAL WEATHER AND TRAFFIC CONDITIONS AND/OR ACTIONS OR INACTIONS OF THIRD PARTIES CAN IMPAIR OR DISRUPT THE SERVICES (OR PORTIONS THEREOF). WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
N. Indemnity. You shall defend, indemnify and hold us (and each of our officers, directors, agents and employees) harmless from any claim, including third-party claims, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (i) Your use of our Services; or (ii) Allegations of facts or circumstances that, if true, could constitute your breach of any of this Agreement. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICE; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING OUR SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER USER OF OUR SERVICE (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY USER OR OTHER THIRD PARTY USING OUR SERVICE; OR (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF OUR SERVICE, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF THE SITE OR PERSONS INTRODUCED TO YOU BY THE SITE, WHETHER ON-LINE OR OFF-LINE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THIS AGREEMENT EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
O. Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. This Agreement will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act, even if that law is adopted in California. Notwithstanding the foregoing, except with respect to enforcing claims for injunctive or equitable relief, any dispute, claim or controversy arising out of or relating in any way to this Agreement or the interpretation, application, enforcement, breach, termination or validity thereof (including any claim of inducement of this Agreement by fraud and including determination of the scope or applicability of this agreement to arbitrate) or its subject matter (collectively, “Disputes”) shall be determined by binding arbitration before one arbitrator. The arbitration shall be administered by JAMS conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement. Notwithstanding anything to the contrary in this Agreement, the Federal Arbitration Act shall govern the arbitrability of all Disputes. The arbitration shall be held in California, and it shall be conducted in the English language. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator shall have authority to award compensatory damages only and shall not award any punitive, exemplary, or multiple damages, and the parties waive any right to recover any such damages. Judgment on any award in arbitration may be entered in any court of competent jurisdiction. Notwithstanding the above, each party shall have recourse to any court of competent jurisdiction to enforce claims for injunctive and other equitable relief. IN THE EVENT OF ANY DISPUTE BETWEEN THE PARTIES, WHETHER IT RESULTS IN PROCEEDINGS IN ANY COURT IN ANY JURISDICTION OR IN ARBITRATION, THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY, AND HAVING HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL, WAIVE ALL RIGHTS TO TRIAL BY JURY, AND AGREE THAT ANY AND ALL MATTERS SHALL BE DECIDED BY A JUDGE OR ARBITRATOR WITHOUT A JURY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. To the extent applicable, in the event of any lawsuit between the parties arising out of or related to this Agreement, the parties agree to prepare and to timely file in the applicable court a mutual consent to waive any statutory or other requirements for a trial by jury.
1. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.
2. Failure by us to enforce any term of this Agreement shall not be deemed a waiver of future enforcement of that or any other term in this Agreement or any other agreement that may be in place between you and us.
3. Neither you nor us may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing: (i) We may assign the Agreement in its entirety, without your consent, in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets; and (ii) We may subcontract or delegate our obligations without your consent. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the you and us, and our respective successors and permitted assigns.
4. You acknowledge that we may compile data and usage information that has been stripped of all personally identifiable information and may use such data to determine and report traffic history, usage patterns, improve our Service and for other purposes, at our discretion.
5. You agree that we are not responsible for any failure or delay in our performance due to causes beyond our reasonable control, including, but not limited to force majeure events.
6. This Agreement expresses the complete and exclusive statement of the understanding between you and us regarding the subject matter herein and supersedes any prior or contemporaneous written or oral proposals and agreements, representations or courses of dealing.
For questions about this Agreement, please email us at samir@Fives Investments.com.