Last Updated: September 8, 2019
Created: June 22, 2019
Before you register for an account, you must read and agree to the Five.Today Terms of Service, which covers all services provided on or by Five.Today ("Services"), including any future amendments (collectively, the "Agreement").
This Agreement also specifically incorporates by reference the following documents:
By using Five.Today, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please log out of Five.Today and cease any use of our Services. We only agree to provide use of Five.Today and the Services to you if you assent to this Agreement. BY USING Five.Today, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND BELOW.
Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
Description of Service. Five.Today is a task management application (the "Service") from Five.Today Inc. ("Five.Today"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Five.Today disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Service. Five.Today also reserves the right to modify, suspend, or discontinue the Service, with or without notice at any time and without any liability to you.
Personal Use. The Service is made available to you for your personal use only. You must be at least sixteen (16) years of age to use this Service. You must provide current and accurate identification, contact information, and any other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, as well as for all activities that occur thereunder. Five.Today reserves the right to refuse service to anyone at any time, without notice and for any reason.
Acceptable Use. You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, nor authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Five.Today; (ii) upload, transmit, or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement. Five.Today reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred, or to comply with any applicable law, regulation, legal process or governmental request.
Content of the Service. Five.Today takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Five.Today have any obligation to monitor such third party content. Five.Today reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Five.Today also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of Five.Today, its users and the public. Five.Today will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Data Loss & Downtime. We may need to interrupt your access to Five.Today to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to Five.Today may be affected by anticipated, unanticipated, scheduled, and/or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime. While Five.Today attempts to maintain the safety and security of the Services according to industry standards, no transmission of data via the Internet is completely secure. Thus, you agree that your use of Five.Today and the Services is at your own risk.
Intellectual Property Rights. Five.Today's Intellectual Property Rights. You acknowledge that Five.Today owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Five.Today Rights"), and such Five.Today Rights are protected by international intellectual property laws. You agree that Five.Today and all Services provided by Five.Today, are the property of the Five.Today Inc., including all copyrights, trademarks, trade secrets, patents and other intellectual property, including, but not limited to, Five.Today Inc., Five.Today, and any other trademarks or service marks found on the Five.Today mobile applications, desktop applications, and website ("Five.Today IP").
The Five.Today IP also includes a copyright in the entirety of the Five.Today mobile applications, desktop applications, and website. You agree that we own all right, title, and interest in and to the Five.Today IP, and that you will not use the Five.Today IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Five.Today IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, domain names, or Uniform Resource Locators (URLs), without express written permission from us. You further agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Five.Today Rights include the rights to (i) the Service developed and provided by Five.Today; and (ii) all software associated with the Service.
Your Intellectual Property Rights. Five.Today does not claim any ownership in any of the content that you upload, transmit, or store in your Five.Today account. We will not use any of your content for any purpose except to provide you with the Service.
Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Five.Today to participate in the Services is correct and current; and (b) you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
Account Inactivity. After a period of inactivity, whereby a user fails to login to an account for a period of 9 (nine) months, Five.Today reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
Spam Policy. You are strictly prohibited from using Five.Today or any of the Services for illegal spam activities, including gathering email addresses, phone numbers, or other personal information from others, and/or sending mass commercial communications.
Limitation on Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Five.Today, INCLUDING ANY EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR USE OF Five.Today OR THE SERVICES, ANY MISUSE OF Five.Today OR THE SERVICES, OR ANY UNAUTHORIZED USE OR ACCESS OF Five.Today, BASED ON ANY LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT CLAIMS FOR LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS OR REVENUES, CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD OR TORTS OF ANY KIND, WHETHER SUCH CLAIMS ARE DIRECT OR INDIRECT, AND WHETHER SUCH CLAIMS ARE ALLEGED TO BE FROM YOUR USE OF Five.Today, YOUR INTERACTION WITH ANOTHER USER, OR YOUR INTERACTION WITH ANY THIRD-PARTY. THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO Five.Today IN THE PRIOR 3 (THREE) MONTHS OR $100. SOME OR ALL OF THE LIMITATIONS PROVIDED IN THIS SUB-SECTION MAY NOT BE APPLICABLE TO YOU, DEPENDING UPON YOUR JURISDICTION.
Claim Limitation. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, MUST BE COMMENCED WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Modification & Variation. We may, from time to time, modify this Agreement. If we do so, we may notify you at any email address we have for you. We will also change the “Last Updated” date at the top of this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting online, and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to, or incorporated into, the latest modification or variation of this Agreement. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. You agree to routinely monitor this Agreement and refer to the Last Updated Date posted at the top of this Agreement to note modifications or variations. You further agree to do so only after Five.Today has been fully closed and reopened to avoid accessing a prior version of this Agreement. You agree that your continued use of Five.Today after any modifications to this Agreement is a manifestation of your continued assent to this Agreement. In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.