Terms of Use

By using the website and online interactive tools of GetFive LLC (“Company”), defined to include all properties (Web or otherwise) owned and operated by Company), related data, online and offline tools and related Goods and Services (collectively, “Goods and Services”), you agree to be bound by the following terms of use, as updated from time to time (these “Terms of Use”). These Terms of Use shall not be applicable to any party which contracts with Company.

• Permissible Use. You agree to use the Goods and Services for your personal use, and your commercial use is limited to transactions done on your own behalf individually or as a career coach. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Goods and Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Goods and Services.
• Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Goods and Services. Further:

1. Acceptable Use. You agree not to use the Goods and Services in any way that is unlawful, or harms Company, its service providers, suppliers or any other user. You agree not to use the Goods and Services in any way that breaches any policy or notice on the Goods and Services. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Goods and Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Goods and Services on third-party Web sites. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, data or content available through the Goods and Services.
2. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Goods and Services) are strictly prohibited in the use of Goods and Services, unless you have received express written permission from Company. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Goods and Services and provide an index with links to the Goods and Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.

• Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to Company in connection with the use of the Goods and Services (your “Submission”), you grant Company an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Goods and Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Company will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Company may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Company the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your Company user account or that you otherwise make available through the Goods and Services. You may not share your Company user account with others. You are responsible for all actions taken via your account. Company will treat your use of the Goods and Services in accordance with its Privacy Policy. Certain Company functionalities may involve the distribution of your Submission to third party Web sites over which Company has no control. Company is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.
• Software. The Goods and Services may include software for use in connection with their operation. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Company grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Goods and Services and in accordance with these Terms of Use.
• Linked Materials and Third-Party Materials. The Goods and Services may include links to third-party products, Goods and Services and Web sites, as well as materials provided by third parties. Company does not endorse, and takes no responsibility for such products, Goods and Services, Web sites, and materials. You understand that Company has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Goods and Services. Your dealings with any third party arising in connection with your use of the Goods and Services are solely between you and such third party, and Company takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
• Claims of Copyright Infringement. Company respects the intellectual property rights of others, and asks that everyone using the Goods and Services do the same. Anyone who believes that their work has been reproduced on the Goods and Services in a way that constitutes copyright infringement may notify Company’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Goods and Services so that the copyright agent can locate it;
3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims should be sent as follows:

By mail:
GetFive LLC
45 West 34^th Street, Suite 1111
New York, New York 10001
Attention: Copyright Agent
By e-mail: [email protected]

If you give notice of copyright infringement by e-mail, Company’s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

• Intellectual Property. All Goods and Services are the property of Company, and subject to the intellectual property rights of Company and its licensors. This entire website and its contents are ©2017 GetFive LLC. All rights reserved. Seven Stories Exercise® and Forty-Year Vision® and others are trademarks of Company in the United States and/or other countries. You may not use any of Company’s trademarks as part of your screen name or email address on the Goods and Services.
• NO WARRANTY. COMPANY PROVIDES THE GOODS AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
• LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL COMPANY OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE GOODS AND SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST COMPANY OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE GOODS AND SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GOODS AND SERVICES.
• Changes; Discontinuance. Company reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Company’s Web site. Your continued use of the Goods and Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Company may alter, suspend or discontinue the Goods and Services at any time to you and/or to others, without notice and without liability.
• Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in New York, New York for any and all disputes, claims and actions arising from or in connection with the Goods and Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
• Indemnification. You agree to defend and hold Company, its affiliates, and their respective managers, members, directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Goods and Services, your violation of any law or the rights of a third party, or any Submission made through your Company user account or that you otherwise make available through the Goods and Services.
• Release. You release Company, its affiliates, and their respective managers, members, directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Goods and Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “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.”
• General. You agree not to export from anywhere any part of the Goods and Services provided to you or any direct product thereof except in compliance with all licenses and approvals required under applicable export laws, rules and regulations. All Goods and Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Company with respect to the Goods and Services and supersede all prior or contemporaneous communications of any kind between you and Company with respect to the Goods and Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 7, 8, 9, 11 through 14.

— Updated August 2017