BY USING OR ACCESSING THIS WEBSITE, YOU AGREE TO ACCEPT AND ABIDE BY ALL THE TERMS OF SERVICE SET OUT HEREIN AND TO ALL APPLICABLE LAWS AND REGULATIONS REGARDLESS OF LOCATION
The term “User”, shall refer to any individual or company representative who is representing an entity and its affiliates. Any User that represents a company represents them as having the authority as an entity, and is stating they have full consent and authority from that company to bind all Terms of this Terms of Service Agreement (“Terms”).
Users’ accept these Terms by simply accessing the ‘iFive5.com (“iFive5.com”, “we”; “our”; “us”) Website located at www.iFive5.com (“Website” or “Site”). Terms are accepted not only when accessing the Website, but also when clicking any boxes indicating the Users’ acceptance or by completing any order forms that reference this Agreement or its Terms, and the User is agreeing to the Terms defined within this Agreement. If for any reason a User does not agree with any Terms of this Agreement, the User is required to log off the Website immediately.iFive5.com allows people from around the world the power to quickly broadcast events, products, services, ‘run a survey’, ‘enter to win’ contests, , and/or post news reports to a User’s network connections and the Users 2nd and 3rd level network connections, to keep in touch and build relationships with friends, family members, acquaintances, customers and businesses partners.
All Users’ are required to submit the most current and accurate identification, contact, and other information required as part of our registration process. During the use of our Website, all Users’ are required to maintain their accounts and update any necessary information. Keeping the confidentiality of your Service password and account information is the responsibility of the User. Furthermore, all Users’ are held responsible for all activity in which occurred while using the Users’ account.
iFive5.com reserves the right to modify, reject or eliminate any material residing on or transmitted to its site that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms. Users’ agree to be compliant when using iFive5.com Services with regard to all local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from the Users’ country of residence.
No User shall use the Service for any fraudulent or inappropriate purposes and Users’ agree not to promote the unauthorized use by a third party or to encourage the unauthorized use by a third party to use any of the Services to transmit or upload any content that is against the law, abusive, unauthorized, harassing, obscene, slanderous, virus containing, or is otherwise distasteful as determined by iFive5.com in its sole discretion.
A User shall agree not to resell, reproduce or take advantage of any part of our Service by robot, spider, other automated device, or manually to monitor or duplicate any content without the express written permission of iFive5.com. We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary and appropriate. iFive5.com may take action to disclose any information necessary or appropriate to such persons or entities relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information. Furthermore, we reserve the right to seek all remedies available at law and in equity for violation of these Terms.
Breach of any of the above mentioned may result in immediate Termination of the Account, and may subject User to state and federal penalties within Canada and other International legal consequences depending on User location.
USER DATA PROTECTION
iFive5.com shall maintain reasonable administrative, physical, and technical safeguard methods for protection of the security, confidentiality and integrity of all User Data. iFive5.com will not modify, disclose (except as compelled by law), or access User Data except to provide Services, prevent technical problems, or at a Users’ request in connection with User support issues. User hereby release iFive5.com from all liabilities from all claims and liabilities that may result in the event iFive5.com fails to protect the security, confidentiality and integrity of all user data despite using reasonable efforts.
RESPONSIBILY OF USER
User shall be responsible for fulfilling the Terms of this Agreement and any other Policies and/or Agreements. All Users’ are responsible for supplying us with accurate data at all times and modifying any User information immediately when changes occur, the quality of data entered by the User, and validity of data entered by the User, including the source of the data. The User is required to conform to reasonable efforts not to enter or present any unauthorized access to or use of the Services at any time, and agree to contact us via email when any such breach occurs. Furthermore, the User agrees to only use our Services in accordance with these Terms or any other policy provided on the Website, directly to the User, applicable laws and/or government regulations.
Users shall practice safe use of the internet in general. iFive5.com will not hold any responsibility to any harm cost by the User. Do not provide iFive5.com or anyone else on our platform with credit card or other payment information at any time unless it is requested as a payment for an upgrade in account status. The User agrees to not use our Services for the following
ace available to unauthorized User;
store, transmit infringing, libelous, unlawful, indirect material, or in violation of third-party privacy rights data;
store or transmit malicious codes;
interfere with the performance of the Service or third-party data; or
attempt or gain unauthorized access to the Services or any related systems.
A User may invite contacts to join their network and the contacts shall receive an email notification;
A User may modify or stop incoming emails and invitation requests at any time;
A User may stop and block all broadcasts on the Website at any time; and
A User may block another User at any time.
attempt or gain unauthorized access to the Services or any related systems.
iFive5.com may contain bulletin board services, chat areas, news groups, forums, community spaces, personal web pages, calendars, and/or other message or communication facilities designed to enable Users to communicate with the public at large or with a group (collectively, “Communication Services”), Users agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, Users shall not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or have received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
Conduct pyramid schemes or chain letters;
Download any file posted by another user of a Communication Service that the User knows, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
Harvest or otherwise collect information about others, including e-mail addresses, without their consent; and
Violate any applicable laws or regulations. iFive5.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. iFive5.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, iFive5.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect those of iFive5.com. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Users are responsible for adhering to such limitations if download materials. iFive5.com has no obligation to monitor the Communication Services. However, iFive5.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. iFive5.com reserves the right to terminate access to any or all of the Communication Services at any time without notice for any reason whatsoever.
iFive5.com works very hard to keep its platform safe to its Users, although cannot make any guarantees, nor does iFive5.com accept any liability or damages incurred due to the iFive5.com platform. iFive5.com needs Users to band together and keep iFive5.com platform safe for all Users; collectively reporting any abuse of its platform or Services immediately, and abiding by these commitments: Users agree not to conduct the following:
sell, resell, rent or lease any content, marks, or services within the Website
store, transmit infringing, libelous, unlawful, indirect material, or in violation of third-party privacy rights data
store or transmit Malicious Codes
interfere with the performance of the Website, services or any third-party data
try to gain unauthorized access to the Website, user accounts unauthorized to access, services or any related systems
post unauthorized commercial communications (spam);
collect other User content or information, or otherwise access the iFive5.com platform by using automated means (harvesting bots, robots, spiders, or scrapers) without iFive5.com permission;
engage in unlawful multi-level marketing, such as a pyramid scheme;
upload viruses or other malicious codes;
solicit login information or access an account belonging to another User;
bully, intimidate, or harass any user;
post content that is hateful, threatening, and pornographic materials; incites violence; nudity; or graphic/gratuitous violence;
develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions;
conduct any actions that could disable, overburden, or impair the proper working or appearance of iFive5.com, such as a denial of service attack or interference with page rendering or other iFive5.com functionality; and
encourage violations of these Terms by other Users. Users must follow our Promotions Guidelines and all applicable laws if publicizing or offering any contest, giveaway, or sweepstakes.
No harassment, discrimination, or abuse is tolerated within the Website. Any abuse complaints will be thoroughly investigated and may be reported to the individual User local authorities, and charges may be brought against that User both civilly and criminally. iFive5.com cooperates fully with law enforcement and will provide any and all records requested within the law or by court order. Furthermore, if any of the above is conducted while using contact information obtained within the Website, we hold the right to restrict any User from access to our Website at any given time for such breach of Terms. Users’ of this Website, agree not to do the following, but are not limited to only these conditions:
Engage in any type of activity that negatively affects the purpose or intention of the Website, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the services, in whole or in part, by, among other methods mentioned or not mentioned, subscribing another person or party without their authorization or registering multiple subscriptions under the same or different names; these activities include:
Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts.
Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way.
Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships. This includes any inside information or proprietary or confidential information.
Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; nor any unauthorized advertising or promotional materials. This includes junk mail, spam, chain letters or any other form of solicitation.
Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Impersonate any person or entity, falsely state or otherwise misrepresent User affiliation with a person or entity.
Forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this Website.
Intentionally or unintentionally violate any applicable local, state, national or international law.
Agree that User will not harvest, collect or store information about the Users’ of this Website or the content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Users acknowledge iFive5.com is not responsible for material submitted or posted by its Users’. Users acknowledge and agree the content viewed, submitted or posted is at their own discretion and risk and the views expressed do not reflect the views of iFive5.com or its staff. iFive5.com does not support or endorse contributed content, whether or not it has been edited by iFive5.com and we have the right, at our sole discretion, to refuse, reject, deny or remove any content, in whole or part that does not comply with these Terms or any other policy we have posted or otherwise is undesirable, inappropriate or inaccurate.
iFive5.com is not responsible for any failure, non-failure or delay in removing such content. Users’ will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any contribution to we make. Users’ agree to immediately notify us of any unauthorized use of the Website, its services or any other breach of security known or suspected.
Definition of Confidential Information - Confidential Information is defined as, all information A person receives that is valuable or sensitive secret information in confidence (“confidential information”) owes a duty known as “a duty of confidence” neither to disclose nor make use of that information for any purpose other than that for which the disclosure was made without the consent. Should the receiver of such information (“the confidante”) threaten to do so, the person who imparted it to him or her is entitled to an injunction to restrain such unauthorized use or disclosure. This includes User Data, Confidential Information within the Website which includes the Services, Confidential Information of each party, Terms and Conditions of this Agreement, Order Forms, Business and Marketing Plans, Technology and Technical Information, and Business Processes disclosed by any party. However, Confidential Information (other than User Data) shall not include any information that (i) is generally known to the public without a breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was separately developed by the Receiving Party.
CONFIDENTIAL INFORMATION PROTECTION
Users shall use the same degree of reasonable care used to protect the confidentiality of its own confidential information and agrees not to use Confidential Information for any purposes outside the scope of this Agreement. Also, Users’ agree to also not seek personal benefit or encourage third parties to benefit personally from any Confidential Information and not permit unauthorized use of any Confidential Information that can be found on the Website. Users agree to limit the exposure of Confidential Information to its Affiliates’ employees, contractors and agents who require access for only purposes consistent with this Agreement and who have signed confidentiality agreements. Those additional Confidentiality Agreements need to be consistent and no less than those herein. Neither party shall disclose the Terms of this Agreement or any Order Form to a third party other than its Affiliates, legal counsel, or accountants without prior written consent from the other party.
Disclose of Confidential Information to a Receiving Party may only be allowed when obligated by law to do so, and only when proper legal documentation of notice is presented. If at any time the Disclosing Party wishes to contest the disclosure it will be at the Disclosing Party's full cost. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of an obligation to abide by any law or regulation, criminal action, or civil action and the Disclosing Party is a party of such action, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party reasonable costs for compiling and providing protected access to such Confidential Information.
INTELLECTUAL PROPERTY RIGHTS
Users acknowledge iFive5.com is the sole owner of all interest, rights, and title to the Websites, content, and Services, including without limitation exclusive rights to its
Products & Service Contents
Products & Service Names
All Intellectual Property including the Copyright and Trademark rights are protected by Canadian, US and International Intellectual Property laws. Users’ agree not to alter, copy, modify, or create plagiaristic works from its Websites or Services. Users’ also must agree not to not use any robot, spider, other automated device, or manual process to monitor or copy any content from its Websites or its Services.
Copyright & Trademark Disclaimer
The works of authorship contained in this World-Wide Website, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by iFive5.com.com. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without iFive5.com’s prior written consent, except to the extent permitted by the Copyright Act of 1976, as amended, and then, only with notices of iFive5.com's proprietary rights. Furthermore, the iFive5.com.com logo is a registered trademark of featured words or symbols, used to identify the source of its goods and services.
WARRANTY & LIABILITY
iFive5.com does not warrant that its Website will meet any Users’ requirements and reliance upon any Materials, and any use of the Internet in general shall be at Users’ risk. iFive5.com denies any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed.
iFive5.com does not claim ownership of any materials Users submit within our Website, including feedback, suggestions, post, uploads, or any input to our Website or its associated Services (“Submissions”). However, by posting, uploading, inputting, providing or submitting User Submissions a User grants iFive5.com, its affiliated company’s permission to use Users’ Submissions in connection with the operation of Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Submissions; and to publish User names in connection with Submissions. No compensation will be paid with respect to the use of User Submissions, as provided herein. iFive5.com is under no obligation to post or use any Submissions provided and may remove any Submissions at any time. By posting, uploading, inputting, providing or submitting Submissions a User warrants and represents that the User owns or otherwise controls all of the rights to the Submissions as described in this section including, without limitation, all rights necessary for a User to provide, post, upload, input or submit Submissions. iFive5.com may change its technology platforms at any time without notice to the User. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Furthermore, Users’ expressly understand and agree that iFive5.com shall not be liable for any direct or indirect, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if iFive5.com has been advised of the possibility of such damages), resulting from User usage of the Service.
Users’ hereby agree to hold harmless and indemnify iFive5.com to the fullest extent permitted by law, as such may be amended from time to time, as well indemnify and hold harmless all of iFive5.com’s affiliates, officers, agents, and employees from and against any claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney fees, of every kind and nature. respect to any criminal action or proceeding, Indemnitee had reasonable cause to believe that iFive5.com’s conduct was unlawful. The failure of iFive5.com to implement or impose or seek remedy regarding any right or provision shall not constitute a waiver of such right or provision. The Terms of Service will constitute the entire agreement between User and iFive5.com governing your use of the Services, overriding any prior agreements including, but not limited to, any prior versions written.
Users agree to indemnify, defend and indemnified and hold harmless to the greatest extent possible under applicable law from and against any and all judgments, fines, penalties, amounts paid in settlement and any other amounts reasonably incurred or suffered by Indemnitee (including attorneys’ fees) in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, including an action by or in the right of iFive5.com, to which Indemnitee is, was or at any time becomes a party, or is threatened to be made a party, by reason of the fact that Indemnitee is, was or at any time becomes a director, officer, employee or agent of iFive5.com or is or was serving or at any time serves at the request of the Company as a director, officer, employee or 2 agent of another corporation, partnership, joint venture, trust or other enterprise (collectively referred to hereafter as a “Claim”), whether or not arising prior to the date of this Agreement.
Users agree to pay any and all expenses reasonably incurred by iFive5.com in defending any Claim or Claims (including reasonable attorneys’ fees and other reasonable costs of investigation and defense), as the same are incurred and in advance of the final disposition of any such Claim or Claims.
The Termination of any action or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that (i) iFive5.com did not act in good faith and in a manner which iFive5.com reasonably believed to be in the best interests of iFive5.com, or (ii) with
LIMITATION OF LIABILITY
Limitation of Liability - Users’ expressly understand and agree that iFive5.com and its subsidiaries (if any), affiliates, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. Even if iFive5.com has been advised of the possibility of such damages resulting from use of the Website, its content or any related services, the foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. NEITHER PARTY'S LIABILITY FOR ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL SURPASS OR THE AMOUNT PAID BY THE USER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY THE USER HEREUNDER; NONE OF THIS SECTION LIMITS USER PAYMENT OBLIGATION.
Agreement to Governing Law and Jurisdiction - By visiting the Website, you agree to the laws of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between the User and us relating to these Terms. Any dispute relating in any way to a Users’ visit or use of the Websites shall be decided legally only in an Arbitration proceeding in the jurisdiction of Ontario, Canada. When using this Website or our Services at any time the User is consenting to exclusive jurisdiction and venue in such Ontario courts.
Waiver of Jury Trial - Each party hereby waives any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. All legal action or litigation shall be handled and agreed on during an Arbitration hearing only, and the Arbitrator shall decide the outcome of the litigation or legal action. All parties agree to comply with this statement and the above jurisdiction statement
EXCLUSION OF CONSEQUENTIAL & RELATED DAMAGES
NO PARTY SHALL BE LIABILE TO THE OTHER PARTY FOR ANY LOST PROFITS, LOST REVENUE OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, NO MATTER THE REASON FOR ITS CAUSE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND EVEN IF THE OTHER PARTY WAS ADIVSED OF THE POSSIBILITY OF SUCH DAMAGES THERE STILL IS NO RIGHT TO SUCH LIABILITY. THE PRECEDING DISCLAIMER DOESN’T APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Third-Party Beneficiary – A User of this Website agrees there shall be no third-party beneficiaries to this Agreement. Waiver - No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Severability - Users’ agree that if any provision of this Agreement is held by a court of jurisdiction within Ontario, Canada and is to be held contrary to law, the provision shall be modified by the court and all parties will interpret this Agreement to accomplish the objectives of the original provision to the fullest degree permitted by law, and the remaining provisions of this Agreement shall remain in effect as if nothing had ever transpired. Entire Agreement - This Agreement, including any Order Forms, constitutes the entire Agreement between all parties and supersedes all prior and simultaneous Agreements, proposals or representations, written or oral, concerning any Terms. No changes, amendments, or waivers of any condition within this Agreement shall be effective unless in writing and signed or accepted electronically by the other party. However, to the extent of any contradiction between the requirements in the language and body of this Agreement, Order Form, exhibits or addendums the Terms shall prevail. Although language to the opposing therein, no Terms stated in a purchase order or any order documentation, other than Order Forms, shall incorporate into or form any part of this Agreement and all such Terms shall be null and void. At any time, a User has a question or concern regarding our Terms please feel free to contact us.