Terms of Use: October, 2020
Five to Flow and its affiliates (“Five to Flow” or “we”) provide content on the website or in applications that link to this Terms of Use (the “Site”) that are subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without prior notice, so please check from time to time. These Terms were last updated on October 3, 2020. By accessing and using this Site, you agree to these Terms. For an explanation of Five to Flow’s practices and policies related to the collection, use, and storage of your information, please read our Privacy Policy. If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site, you will be deemed to have irrevocably agreed to these Terms.
Five to Flow reserves the right to modify or change the Terms at any time without prior notice to you. Such modification or change shall be effective upon posting by Five to Flow on the Site. You agree to be bound to any changes to these Terms when you use the Site after any such change is posted. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
1. Legal Capacity: Adults are the audience for this Site. By using this Site, you warrant that you are at least 18 years old and are of sufficient age and mental capacity to be legally bound in contract.
2. Copyright: All content and functionality on the Site, including text, graphics, photos, logos, icons, images, articles, reports and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Five to Flow or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 4 – Use of Content. All rights not expressly granted are reserved.
3. Trademark: The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Five to Flow and its licensors. You agree that, except as expressly permitted by Five to Flow or by our licensors, where applicable, you will not refer to or attribute any information to Five to Flow or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with Five to Flow or its licensors.
4. Use of Content: Five to Flow hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Five to Flow’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without Five to Flow’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Five to Flow intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
5. User Postings: You acknowledge and agree that Five to Flow shall own and have the unrestricted right to use, publish any and all information that you post or otherwise publish on the Site in posts, forums, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sub-licensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against Five to Flow for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Five to Flow’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms. Five to Flow does not represent or endorse the accuracy of reliability of information posted to the Site by users. In addition, Five to Flow does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Five to Flow reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
6. Disclaimer of Warranties: OUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, FIVE TO FLOW AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FIVE TO FLOW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIVE TO FLOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FIVE TO FLOW MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE LINKED TO THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND FIVE TO FLOW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE LINKED TO THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Limitation of Liability: Five to Flow disclaims all liability whether based in contract, tort (including negligence), strict liability or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the site or any other website linked to the site, or the material, information, software, facilities, services or other content on the site or any other website linked to the site, regardless of the basis upon which liability is claimed and even if Five to Flow has been advised of the possibility of such loss or damage. Without limitation, you (and not Five to Flow) assume the entire cost of all necessary servicing, repair, or correction in the event of any such loss or damage. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
8. Binding Arbitration of All Disputes & No Class Relief: To the fullest extent permissible by law, with the exception of disputes pertaining to Five to Flow intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Five to Flow arising under these Terms shall be resolved through binding arbitration pursuant to the Rules and Procedures of the American Arbitration Association on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Texas state or federal court with substantial experience in the internet industry and shall follow Texas substantive law in adjudicating the dispute, except that this Section 8 shall be construed as a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). You and Five to Flow agree that we intend that this Section 8 satisfies the "writing" requirement of the FAA. The hearing shall be conducted in Harris County. For any claim in which you seek $10,000 USD or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. Agreement to these terms constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class action.
9. Claims of Infringement: If you believe that any content appearing on this Site infringes your copyright rights, please forward the following information in writing to the address listed below:
- Your name, address, telephone number, and e-mail address;
- A description of the copyrighted work that your claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Five to Flow, 17350 State Highway 249, Suite 220; Houston, TX 77064
Five to Flow seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere. Five to Flow will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
10. Responsible Use of Site: Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law. You are prohibited from storing, distributing or transmitting any unlawful material through this Site. Further, you agree not to undertake any other activity which may adversely affect the operation or enjoyment of this Site. You are prohibited from reproducing, selling, reselling, or exploiting any resource, or access to any resource, contained on this Site.
11. Indemnity: You agree to indemnify, defend, and hold harmless Five to Flow and its officers, directors, employees, agents, advisors, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of these Terms or your use of the Site or other data originating from the Site, including any of the foregoing provisions and representations or warranties.
12. Violation of Security Systems: You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources. If you become involved in any violation of system security, Five to Flow reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
13. Investigations: Five to Flow reserves the right to investigate suspected violations of these Terms. If Five to Flow believes, in its sole discretion, that a violation of these Terms has occurred, it may edit, modify, remove material permanently, or warn users. Five to Flow will fully cooperate with any law enforcement authorities or court orders requesting or directing Five to Flow to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate these Terms. By accepting this agreement, you waive and hold harmless Five to Flow and any Five to Flow employee from any claims resulting from any action taken by Five to Flow during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Five to Flow or law enforcement authorities.
14. Reservation of Rights: Five to Flow reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
15. Third-Party Sites: This Site may link you to other sites on the Internet. These other sites are not under the control of Five to Flow, and you acknowledge that (whether or not such sites are affiliated in any way with Five to Flow) Five to Flow is not responsible for the accuracy, copyright compliance, legality or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Five to Flow or any association with its operators.
16. Local Regulation: Five to Flow makes no representation that the content on the Site is appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so at your own risk. You are responsible for complying with all applicable laws, specifically all applicable laws concerning the transmission of data exported from the United States or the country you reside in.
17. Entire Agreement: Except to the extent otherwise set forth in the Terms, these Terms set forth the entire understanding between Five to Flow and you with respect to your access to and use of the Site and its Content, and it supersedes all prior or contemporaneous understandings regarding access and use.
18. Severability: If any provision of these Terms is or shall be found to be unlawful, it shall not affect the validity and enforceability of any remaining provisions in these Terms.
19. Waiver: Failure by Five to Flow, in any instance, to exercise any of its rights under the Terms will not constitute waiver of such right or any other rights under the Terms.
20. Governing Law: With the exception of Section 8 which will be construed in accordance with the FAA, these Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to conflict of law. You consent to personal jurisdiction in and venue in the state and federal courts in Harris County, Texas, USA.
21. Information Accuracy: You should not assume that the information provided on the Site has no errors, is timely or up to date or contains all the relevant information available about Five to Flow.
22. How to Contact Us: This Site is controlled and operated by Five to Flow. Please submit any comments about the Site to gratitude@fivetoflow.com or by calling 1-415-952-FLOW.