TERMS OF USE

Effective Date: December 1, 2018

 These Terms of Use (these "Terms”) are entered into between Five to Nine, LLC ("Five to Nine," “We,” “Us,” “Our” “Its”) and the single end-user customer organization and individual Member (the "Member," “You,” “Your,” “Yourself”). Please read the Terms carefully before accessing the Platform or clicking the "Submit" button on the “Create Your Company” invite page, using the Five to Nine application ("Platform").

When You create Your company and Yourself as an individual on the Platform, You become a member (a “Member”) and the below Member Agreement will also apply to You. As a visitor, user or Member of Our services, the collection, use and sharing of your personal data is subject to this Privacy Policy and Terms updates.

We may modify these Terms, Our Privacy Policy and Cookies Policies from time to time. If We make material changes to it, We will provide You notice through email, or by other means, to provide You the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If You object to any changes, You should not access the Platform and may close Your Platform account. Your continued access of the Platform or use of Our services after We publish or send a notice about Our changes to these terms means that You are consenting to the updated Terms.


This is an Agreement
By accessing or using the Platform, You are agreeing to these  Terms and the Privacy Policy. These Terms are a legal agreement between You (either an individual or a single entity) and Five to Nine and it governs Your access or use of the Platform made available to You by Five to Nine.

If You do not agree to the terms of these Terms, do not access the Platform or click on the “Submit” button on Five to Nine’s “Create Organization” page and do not use the Platform.

The Platform is licensed, not sold, to You by Five to Nine for use strictly in accordance with the terms of these Terms.

Access License
Five to Nine grants You a revocable, non-exclusive, non-transferable, limited license to access the Platform solely for Your purposes strictly in accordance with the terms of these Terms.


Restrictions
You agree not to, and You will not permit others to:

  • copy or use the Platform for any purpose other than as permitted under the above section “Access License.”

  • modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Platform.

  • remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Five to Nine or its affiliates, partners, suppliers or the licensors of the Platform.


Intellectual Property
The Platform, including without limitation all copyrights, patents, trademarks, trade secrets and any and all other intellectual property rights are, and shall remain, the sole and exclusive property of Five to Nine.

Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by You to Five to Nine with respect to the Platform shall remain the sole and exclusive property of Five to Nine. Five to Nine shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.


Modifications to Platform
Five to Nine reserves the right to modify, suspend or discontinue, temporarily or permanently, the Platform or any service to which it connects, with or without notice and without liability to You.


Updates to Platform
Five to Nine may from time to time provide enhancements or improvements to the features/functionality of the Platform, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Platform. You agree that Five to Nine has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Platform to You.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Platform, and (ii) subject to the terms and conditions of this Agreement.


Third-Party Services
The Platform may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Five to Nine shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Five to Nine does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to You and you access and use them entirely at Your own risk and subject to such third parties' terms and conditions.


Privacy Policy
Five to Nine collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available within this Agreement and at https://fivetonine.co/privacy-policy. 

By accepting these Terms or accessing the Platform, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.


Term and Termination
These Terms shall remain in effect until terminated or modified by Five to Nine. Five to Nine may, in Its sole discretion, at any time and for any or no reason, suspend or terminate these Terms with or without prior notice.

Your access to and use of the Platform will terminate immediately, without prior notice from Five to Nine, in the event that You fail to comply with any provision of these Terms.

Termination or modification of these Terms will not limit any of Five to Nine's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Terms.


Amendments to these Terms
Five to Nine reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, We will provide notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Platform after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Platform.

Governing Law
The laws of Illinois, United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Platform. Your use of the Platform may also be subject to other local, state, national, or international laws.

These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.


Contact Information
If You have any questions about these Terms, please contact Us.


Other Terms
You may be subject to additional terms and conditions that apply when You use or purchase other Five to Nine services, which Five to Nine will provide to You at the time of such use or purchase.