Privacy Policy and Terms of Use

The Friendly Version — Written Simply For Human Beings:

• We own our websites, applications and technology platform, you own the content you upload.
• All conversations (and content) are private between an “Expert” and a “Customer.”
• Each “Expert” owns the content they post in the chat and each “Customer” owns the content they post in the chat.
• We live in a world of social media and sharing, please be respectful to one another and agree with each other before sharing any information from private conversations (e.g., don’t copy and paste or screenshot without approval from the other party).
• By chatting with an Expert, you have not formed a legal professional relationship.
• Be extra sensitive to financial, medical, legal, or safety advice, be smart, and use common sense.
• Be professional, honest, and courteous to anyone you engage with on the platform.
• Have fun and meet some of the most interesting people in the world.

TERMS OF USE AND SERVICE AGREEMENT

Welcome and thank you for visiting our network of websites and applications, which includes without limitation www.five.me and our mobile application downloadable via the AppStore and any other website or application on which this Terms of Use and Service TOS Agreement appears (each a “Website”).  Our Websites are operated by five billion inc. (“five”).  We are glad you have decided to join our community, and we look forward to your involvement with our Websites.  This Terms of Use and Service TOS Agreement (“TOS Agreement”) applies to all of our Websites and all other services offered by five (collectively, the “five Service”).  Certain services offered by five may be subject to separate terms of use, in which case, we will let you know what terms will apply to those services.

Five knows that the privacy of your personal information is important to you. For more information about five’s data protection practices, please read our Privacy Policy, which for residents in North America is incorporated by reference into this TOS Agreement and made part of this TOS Agreement.  The Privacy Policy explains how five processes your personal information, and protects your privacy, when you use the five Service.  Your access to and use of the five Service shall be subject to five’s Privacy Policy, and if you are a resident in North America, your agreement to the policies and practices set forth therein.

Telephone Consumer Protection Act Disclosure

Communications from five, including its agents, representatives, affiliates, or business partners, may include but are not limited to: operational communications concerning your account or use of the five Service, updates concerning new and existing features of the site or app, marketing information and promotions run by us, our agents, representatives, affiliates, or business partners, and any news concerning five.

Communications from five, including its agents, representatives, affiliates, or business partners, may include but are not limited to: operational communications concerning your account or use of the five Service, updates concerning new and existing features of the site or app, marketing information and promotions run by us, our agents, representatives, affiliates, or business partners, and any news concerning five.

You represent that for the telephone number(s) that you have provided to us, you are the current subscriber or customary user and that you have the authority to provide the consent described above to be contacted at such number(s). You agree to promptly alert us whenever you stop using a particular telephone number. Standard charges may apply to the receipt of these calls or text messages.

Opting-Out of Promotional Communications

If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of marketing or promotional calls or texts, text back “STOP” to the number you received outreach from, from the mobile device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the five Service or other services provided by non-five entities.

Please note that consent is not a condition of using our services and consent may be revoked at any time. However, opting out may impact your use of the five Service. If you wish to opt out of all texts or calls from five (including operational or transactional texts or calls), you can text the word “STOPALL” to the number you received outreach from, from the mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the five Service. Information collected, including personal information may be shared with affiliates and third-party providers, who may use that information in accordance with their own privacy policies. Please visit our Privacy Policy for more information.

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FOR RESIDENTS IN NORTH AMERICA ONLY: Subject to any applicable restrictions and requirements, the five Service is made available to individuals aged 13 or older. If you are aged 13 but under 18 years of age, you and your parent or guardian must review this TOS Agreement and our Privacy Policy together. Parents/ guardians are jointly and severally liable for all acts (including for purchases and payments) and omissions of their children aged under 18 years when using the five Service. five recommends that parents and guardians familiarize themselves with parental controls available on devices they provide to their child and accompany their child if aged under 13 years of age when online.

FOR RESIDENTS OUTSIDE NORTH AMERICA: If you are under the age of eighteen (18), please ask your parent or legal guardian to read and accept this TOS Agreement on your behalf before you use the five Service. If you (or, if applicable, your parent or guardian) do not agree to this TOS Agreement, then you must not use or access the five Service. You represent and warrant that you are a “natural person” who is over the age of eighteen (18) or whose parent or guardian has accepted and agreed to this TOS Agreement.

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PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FOR THE FIVE SERVICE IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND FIVE.  BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE FIVE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT.  BY ACCESSING, BROWSING OR OTHERWISE USING ANY PART OF THE FIVE SERVICE: (I) YOU ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, THIS AGREEMENT AND THE TERMS CONTAINED IN THIS AGREEMENT; (II) YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE TERMS CONTAINED IN THIS AGREEMENT; (III) YOU REPRESENT THAT YOU ARE OVER THE AGE OF THIRTEEN (13) AND ABLE TO FORM LEGALLY BINDING CONTRACTS; (IV) ACKNOWLEDGE AND AGREE THAT BY USING THE FIVE SERVICE YOU ARE ACCEPTING A BENEFIT THAT CANNOT BE DISGORGED; (V) ACKNOWLEDGE AND AGREE THAT THE FIVE SERVICE IS SUBJECT TO U.S. EXPORT CONTROLS AND AGREE THAT YOU WILL COMPLY WITH U.S. EXPORT CONTROLS, AND (VI) REPRESENT THAT YOU ARE NEITHER LOCATED IN A SANCTIONED COUNTRY NOR A PROHIBITED PERSON..  IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE FIVE SERVICE, AND ACCORDINGLY, MUST IMMEDIATELY TERMINATE YOUR USE OF THE FIVE SERVICE.

1. General

(a) Five may at any time change or discontinue any aspect or feature of the five Service, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(b) When using the Five Service, you may be subject to additional posted policies, guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the “Policies”).  All Policies are hereby incorporated by reference into this TOS Agreement and made part of this TOS Agreement, except for the Privacy Policy for residents outside North America.

(c) The words “User,” “you” and “Customer” refer to the individual or entity that uses the five Service, including, an Expert.  “Expert” refers to the person who is hired and receives payment to interact with users including, but not limited to answering questions and giving advice on the Site.

(d) When you use the five Service, you are communicating with us electronically as well as via e-mail, proprietary messenger, SMS text message, audio, video and push notifications. You consent to receive communications from us through the means outlined above or by posting notices on a Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or through other means, satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your account profile, your current and active email address and mobile phone number.

(e) By using the five Service and accepting this TOS Agreement, you agree to receive coupons, special offers, and other communications from us, as set forth in our Privacy Policy.

2. Changed Terms

Five reserves the right, at any time and at our sole discretion, to change or modify this TOS Agreement and/or the terms and conditions applicable to your use of the five Service, or any part thereof, or to impose new terms, including, but not limited to, adding fees and charges for use.  Except for Section 8 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting a notice on the Website, updating the date of this TOS Agreement above, by electronic or conventional mail, or by any other means by which you obtain notice thereof.  You should periodically check this webpage for any changes to this TOS Agreement.  Any continued use of the five Service by you after the posting of any such notice will be deemed to constitute your binding acceptance of any such changes, modifications, additions or deletions.  If any modification, change, addition or deletion to these terms and conditions is not acceptable to you, your only recourse is to terminate this TOS Agreement and refrain from using and accessing the five Service.

3. For residents in North America — BINDING ARBITRATION AND CLASS ACTION WAIVER:

READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or use the five Service in the United States. These provisions may also apply to you if you are domiciled in and/or use the five Service from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.

Initial Dispute Resolution: five’s Customer Support department is available to address any concerns you may have regarding the five Service. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this TOS Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the five Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this TOS Agreement notwithstanding any other choice of law provision contained in this TOS Agreement.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this TOS Agreement, including without limitation any claim that all or any part of this TOS Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, five may pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.  They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location:  Arbitration will take place and shall be initiated in New York County, New York, or such other location as designated by us, and you and five agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver:  The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the five Service under this TOS Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

Changes to this Section: Five will provide 30-days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 30th day.

4. Jurisdiction and Applicable Law:

The five Service is made available subject to the terms of this TOS Agreement.  If you use the five Service from:

A. For residents in the United States, Mexico, or Canada, then any claims arising out of this TOS Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) will be subject to the laws of the State of New York, without reference to conflict of laws principles. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this TOS Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you obtained or bought the five Service that was subject to this TOS Agreement. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York County, New York to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.

B. For residents in Europe and the European Union, then the laws of England and Wales govern the interpretation of this TOS Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, data protection and privacy laws and regulations, and in tort, will be subject to the laws of the European Union country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you use the five Service. In addition, with respect to jurisdiction, you may choose either the courts of the country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you use the five Service, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.

C. For residents in Australia or Japan, then the laws of Australia govern the interpretation of this TOS Agreement and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, data protection and privacy laws and regulations, and in tort, will be subject to the laws of the country in which you use the five Service (being either Australia or Japan). To the extent permitted by applicable law, you agree to the jurisdiction of the courts of New South Wales, Australia.

D. For residents in the Rest of the World, If you use this five Service from countries other than those listed in sections A, B and C above, then you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and you expressly indemnify and hold harmless five from any and all claims, loss, injury, damage, or costs arising from your use of the five Service to the extent permitted by applicable law. No warranty or representation is made by five that the five Service or any use of the five Service outside of the countries listed in sections A, B and C above complies with any applicable local law. Further your use of the five Service and all claims arising out of or related to the five Service or this TOS Agreement will, to the extent permitted under applicable law, be subject to the laws of England and Wales, without reference to conflict of laws principles and you consent to the jurisdiction of the courts of England and Wales. To the fullest extent permitted by applicable law, if any user outside of the United States is entitled to commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above..

5. Equipment:

You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the five Service and all charges related thereto.

6. five Service:

(a)  The five Service is a venue for informational and educational purposes, owned and operated by five.  The five Service exists solely as an intermediary between Experts and potential Customers of those Experts who are interested in purchasing their Expert services. five is not in the business of providing or selling information or education that is within any Expert’s area of Expertise. Users of a Website or the five Service, purchase time from an Expert, in five-minute increments, to communicate with an expert (e.g., ask a question, seek advice, etc.; each, a “Communication”), and the Expert will respond.  Experts are not employees or agents of five but are independent service providers using the five Service to provide Users an opportunity to purchase their services, and, as such, together with Customers, are simply Users of the five Service.

(b) We are not involved in the conversations or discussions between Customers and Experts and do not refer Customers to or endorse or recommend particular Experts. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse or guarantee the contents of any Communication between a Customer and Expert. We shall not be liable for any acts or omissions of Experts, content in any Communication or the ability of any Expert.  We cannot ensure that an Expert will complete a transaction.  We reserve the right, but we are not obligated, to refuse to post or to remove any Communication and/or remove any User’s access to a Website and the five Service.  EMERGENCY QUESTIONS AND CRISIS SITUATIONS (PARTICULARLY REGARDING MEDICAL OR MENTAL HEALTH ISSUES) SHOULD NOT BE DIRECTED TO ANY WEBSITE OR THE FIVE SERVICE AND SHOULD, INSTEAD BE DIRECTED IMMEDIATELY BY TELEPHONE OR IN-PERSON TO QUALIFIED PROFESSIONALS (E.G. IN THE U.S., CALL 911). THE WEBSITES AND THE FIVE SERVICE ARE NOT THE APPROPRIATE VENUE TO DEAL WITH SUCH SITUATIONS.

(c) All Communications between a Customer and an Expert will be private and confidential unless both the Customer and Expert agree to make any such Communication public.  Notwithstanding the foregoing, Communications are not protected by attorney-client, doctor-patient, or any other privilege, and may be read, collected, and used by others. We shall use every effort to maintain Communications confidential, however, we shall not have any liability for any Communication made public.

(d) Every Expert on the five Service has had at least one credential relevant to the category in which they are answering questions verified by a third-party verification service and/or claimed to be an expert, unless the Expert is answering questions in a category that is still being tested by FIVE in "Beta". Other information about an Expert, not shown as verified, has been provided by the Expert but has not been verified. Use of the term "Expert" by five and on the five Service is only meant to describe Users who answer questions on the five Service, and not to guarantee any particular level of expertise of these Experts.  The results of the verifications are only as accurate as the information provided to and by the experts themselves. five makes effort to verify but cannot warrant or guarantee an Expert's purported identity; user identification on the Internet is difficult. For these reasons, five cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Users and information provided by Users including Experts. You acknowledge that five will not be liable for any loss or damages caused by your reliance on any information or content contained in Communications.

(e)  Communications from Experts are provided by Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional advice.  By communicating with a User, Experts do not intend to form, and do not form any professional relationship with Users of the five Service. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular communication may differ depending on your location and information.  No professional-client relationships shall be formed on any Website or use of the five Service.  Except as provided in this TOS Agreement, Communications are not confidential and shall not be the subject of any associated privileges. Communications on the five Service are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.   By using a Website and the five Service, you acknowledge, agree and accept this TOS Agreement and the terms, conditions and disclaimers set forth herein.

(f) We do our best to make your experience with the five Service a pleasant one.  However, we cannot always foresee or anticipate technical or other difficulties.  These difficulties may result in loss of data, personalization settings or other service interruptions.  Therefore, you agree that the five Service are provided on an “AS IS” and “AS AVAILABLE” basis.  five does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.

(g) five reserves the right to change or discontinue, temporarily or permanently, the five Service at any time.  You agree that five will not be liable to you or any third party for any modification or discontinuance of the five Service.

(h) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Experts, or any user of the five Service, are those of the respective author(s) or distributor(s) and not of five and five neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the five Service and expressly disclaims any and all liability in connection therewith.

(i) Your use of the five Service is at your own risk.

(j) The five Service may include hyperlinks to other websites or services solely as a convenience to you (“Third-Party Sites”). five has no control over, does not endorse and is not responsible for any such Third-Party Sites or the information, advertising, products, services or materials contained on or accessible through any such Third-Party Sites.  You agree that five is not liable for any loss or damage which may be incurred by you as a result of the availability of any Third Party Sites or as a result of any reliance placed by you on the completeness, accuracy or existence of any the information, advertising, products, services or materials contained on or accessible through any such Third Party Sites and your use of any such Third Party Sites or the services provided by them shall be governed by such terms between you and such Third Party sites.

(k) Some of the five Service provided by five are supported by advertising revenue and may display advertisements and promotions.  In consideration for five granting you access to and use of the five Service, you agree that five may place advertising and promotions on the five Service.  You further agree that the manner, mode and extent of advertising and promotions by five on the five Service are subject to change without specific notice to you.  You also agree that five may make disclosures to advertisers as set forth in our Privacy Policy.

7. Equipment:

(a) You shall provide true, accurate, current and complete information about yourself as requested in the Website’s registration forms.  Accurate records help us create better websites and provide us with opportunities to identify new services or products that may interest you.  You agree to update your registration data to keep it current and accurate within a reasonable time after any change to that data.  You are responsible for maintaining the confidentiality of your user name, password, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify us of any unauthorized use of your password or account. You should only create one account on any Website or to use the five Service. If your account has been suspended or terminated, you may not open another account on any Website or to use the five Service.  You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active accounts.

b) You are responsible for and bound by the actions of, and transactions entered into by, your actual and appointed representatives whether authorized by you in writing, verbally, or otherwise to represent you at or with us. You are responsible for monitoring your appointed representatives and protecting the privacy of your username, login information and any other account or financial information provided to us or our vendors and agree to inform us immediately, in writing, of any unauthorized use of same. If you are checking in or logging in as a representative for anyone other than yourself, you agree that you are a duly appointed and authorized representative for that person or entity and have authority to bind that person or entity to any actions or transactions you conduct.

(c) You shall use the five Service for lawful purposes in compliance with this TOS Agreement only.  You may not consummate any transaction that was initiated using the five Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the five Service without our prior written consent, which we may withhold in our sole discretion.  The five Service may include interactive areas or services, such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the five Service.  You are solely responsible for your use of such interactive services and shall use them at your own risk.

(d) You shall not (hereinafter, collectively “Rules of Conduct”):

(i) Post, upload, distribute, publish or otherwise transmit through the five Service any content, communication or other items that:
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(ii) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in this TOS Agreement;

(iii) Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the five Service, or perform any other similar fraudulent activity;

(iv) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the five Service, features that prevent or restrict use or copying of any content accessible through the five Service, or features that enforce limitations on the use of the five Service;

(v) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the five Service or any part thereof;

(vi) Modify, adapt, translate or create derivative works based upon the five Service or any part thereof;

(vii) Use any robot, spider, scraper, crawler or other automated means to access the five Service for any purpose or bypass any measures five may use to prevent or restrict access to the five Service; or

(viii) Attempt to indicate in any manner that you have a relationship with five that does not actually exist or that five has endorsed you or any products or services for any purpose.

The above are examples of prohibited conduct and is not intended to be exhaustive.  Any conduct by you that, in five’s sole discretion, restricts or inhibits any other user from using or enjoying the five Service will not be permitted.  five shall have the right, but not the obligation, to monitor the content of the five Service, including profiles and forums, to determine compliance with this TOS Agreement and any Policies and other operating rules established by five and to satisfy any law, regulation or authorized government request.  five will make the sole determination as to what content is acceptable in its sole discretion.  five may include, edit or remove any content at any time without notice, in its sole discretion.  Without limiting any other rights or remedies of five, any violation of the foregoing shall violate this TOS Agreement and may result in, among other things, removal of the prohibited communications and/or suspension or termination of your rights to use and access the five Service.

(e) You understand that, when using the five Service, you may be exposed to content from a variety of sources, and that five is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable.  If you do so object, you should not use the five Service. five does not pre-screen or endorse any third-party content and is not responsible or liable under any circumstances for such content.

(f) You understand that access to the five Service may result in access to other users’ names, screen names, e-mail addresses and other information as set out in our Privacy Policy (“Personal Information”) which is protected by applicable data protection and privacy laws and regulations.  You understand, acknowledge and agree that any Personal Information from other users constitute the confidential information of five. You agree not to scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s (whether specific to any particular user or as an aggregation) information accessible through the five Service.

(g) You acknowledge and agree that if you use our mobile application, that any mobile provider will be a third-party beneficiary to this TOS Agreement, and your use is subject to terms set forth in the applicable third-party beneficiary’s terms of service.  Notwithstanding the foregoing, any third-party beneficiary is not a party to this TOS Agreement and are not responsible for the provision or support of the five Service in any way.

(h) The five Service allows Customers to post Communications to Experts in subject-matter categories.  Once the Expert answers your Communication, you will be asked to rate the Expert, with a rating of 5 being the best. If you provide a rating of 1 or 2, you will be asked to provide the Expert with feedback about why you are unsatisfied, so the Expert may try to help you better.  By engaging an Expert, you are authorizing us to charge your payment source.  We do not guarantee that you will be satisfied with your communication with an Expert.

(i) No Refunds except as set forth herein. You will be refunded the fee paid if an Expert does not respond and you notify us within the five Service within five (5) business days of any such failure to respond.  five shall not issue any refunds if notice is received after such five (5) business day period. All membership fees are non-refundable. Memberships that are cancelled in the middle of the payment period will not have pro-rated billing, refunds or other credits. To cancel a membership, follow the directions on the five Service.  five maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at five’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by five for use towards any benefits on the five Service remain the property of five (they never become the property of Customers and never become refundable to the Customer), and unless otherwise stated on the five Service or in an email to a Customer, will be usable only for thirty (30) days.

8.  Intellectual Property:

(a) The five Service and each Website are owned and operated by five.  All content, trademarks and other proprietary materials and/or information on the five Service and each Website, including, without limitation, five’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof  and all other materials (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).  five (or its subsidiaries or affiliated companies and/or third-party licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the five Service and each Website under copyright laws and five owns all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the five Service and each Website as a collective work under copyright laws.  five owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.  All Materials contained in the five Service are the proprietary property of five or its subsidiaries or affiliated companies and/or third-party licensors.  

(b) Unless otherwise expressly stated in writing by five, you are granted a limited, non-exclusive, terminable, non-sublicensable license (i.e. a personal and limited right) to access and use the five Service for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the five Service and/or the Materials by accessing or otherwise using the five Service.  This license is subject to this TOS Agreement and does not include any right to do any of the following: (a) any resale or commercial use of the five Service or the Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the five Service or the Materials, or any portion of them, or in any way exploiting any of the Materials, in whole or in part; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the five Service, the Materials or any information contained in them, except as expressly permitted on the five Service; or (f) any use of the five Service or the Materials except for their intended purposes.  Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of the Materials will be permitted without the express permission of five and the copyright owner.  In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.  Any use of the five Service or the Materials except as specifically authorized in this TOS Agreement, without the prior written permission of five, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated in this TOS Agreement, nothing in this TOS Agreement shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles.  The license granted to you herein may be terminated by five at any time, in its sole discretion.  All rights not expressly granted in this TOS Agreement are hereby expressly reserved by five.

9. Disclaimer of Warranty; Limitation of Liability:

(A) USE OF THE FIVE SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN IS AT YOUR SOLE RISK.  NEITHER FIVE, FIVE’S AFFILIATED COMPANIES, FIVE’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “FIVE PARTIES”) WARRANT THAT THE FIVE SERVICE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FIVE SERVICE, ANY PRODUCT OR INFORMATION, CONTENT OR MATERIALS CONTAINED, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE FIVE SERVICE OR ANY PRODUCT.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE FIVE SERVICE OR ANY PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL.

(B) FIVE DOES NOT GUARANTEE THAT ANY PARTICULAR FIVE SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT FIVE WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME.  FIVE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAIILABILITY OF ONLINE PRODUCT FEATURES AND RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ONLINE PRODUCT FEATURES IN ITS DISCRETION WITHOUT NOTICE, INCLUDING FOR EXAMPLE, CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE FO THE ONLINE SERVICE OVER TIME.

(C) FOR RESIDENTS IN NORTH AMERICA: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIVE SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.  THE FIVE PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE FIVE SERVICE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN.  FIVE DOES NOT REPRESENT OR WARRANT THAT THE FIVE SERVICE, ANY PRODUCT OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIVE OR THROUGH THE FIVE SERVICE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 7, THE TERM “FIVE” INCLUDES THE “FIVE PARTIES.”

FOR RESIDENTS OUTSIDE NORTH AMERICA: SUBJECT TO THE NEXT SENTENCE, FIVE DOES NOT GUARANTEE THAT ANY FIVE SERVICE WILL BE AVAILABLE OR ERROR-FREE AT ALL TIMES OR AT ANY GIVEN TIME. FIVE WARRANTS THAT THE FIVE SERVICE WILL BE PROVIDED WITH REASONABLE CARE AND SKILL. FIVE MAY CHANGE AND UPDATE FIVE SERVICES WITHOUT NOTICE TO YOU (PROVIDED ALWAYS THAT ANY SUCH CHANGES DO NOT RESULT IN MATERIAL DEGRADATION IN THE FUNCTIONALITY OF THE FIVE SERVICE WHICH HAS BEEN PAID-FOR WITH REAL MONEY). FIVE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF FIVE SERVICE WHICH ARE FREE (I.E., NOT PAID-FOR WITH REAL MONEY) AND RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THEM IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU, INCLUDING FOR EXAMPLE, FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THEM OVER TIME. FIVE IS NOT LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF IT OBLIGATIONS THAT IS CAUSED BY EVENTS OUTSIDE ITS REASONABLE CONTROL. IF SUCH CIRCUMSTANCES RESULT IN MATERIAL DEGRATION IN THE FUNCTIONALITY OF ANY FIVE SERVICE THEN YOUR OBLIGATION TO MAKE ANY PAYMENT TO DOWNLOAD, USE OR ACCESS WILL BE SUSPENDED FOR THE DURATION OF SUCH PERIOD. FIVE IS ENTITLED TO MODIFY OR DISCONTINUE ANY FIVE SERVICE WHICH IS PAID-FOR WITH REAL MONEY IN ITS SOLE DISCRETION UPON REASONABLE NOTICE TO YOU. THE WARRANTY FOR SUCH FIVE SERVICE IS PROVIDED IN ACCORDANCE WITH YOUR STATUTORY RIGHTS AS A CONSUMER WHICH WILL ALWAYS PREVAIL

(D) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIVE, THE FIVE PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE FIVE SERVICE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT [INCLUDING BUT NOT LIMITED TO NEGLIGENCE] OR OTHERWISE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE FIVE SERVICE OR ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN.

(E) IN NO EVENT SHALL ANY AGGREGATE, TOTAL LIABILITY OF THE FIVE PARTIES TO  YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE FIVE SERVICE OR ANY PRODUCT EXCEED AN AMOUNT EQUAL TO THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE FIVE SERVICE AND/OR ANY PRODUCT AND RETAINED BY FIVE DURING THE TWELVE (12) MONTHS IMMEDIATIATELY PRECEDING THE DATE OF THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100).

(F) FOR RESIDENTS OUTSIDE NORTH AMERICA:  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, FIVE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE FIVE'S LIABILITY TO YOU:

• FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
• FOR FRAUDULENT MISREPRESENTATION; OR
• FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, BE LIMITED OR EXCLUDED.

10. Notices:

five may provide you with notice by any means, including without limitation via email, postings on the Websites and five Service or changes to this TOS Agreement.  Notices emailed to you will be deemed given and received when the email is sent.  If you don’t consent to receive notices electronically, you must stop using the five Service.  All notices to five shall be in writing and shall be sent to five billion, inc., 41 Madison Avenue, 31st Floor, New York, New York, 10010; attention: Legal Department, and shall be effective on actual receipt by five.

11. Indemnification:

You agree to defend, indemnify and hold harmless five and the five Parties and their respective suppliers, licensors and partners from and against any and all claims,  losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of: (a) any violation of this TOS Agreement; (b) any negligent or wrongful conduct; (c) your use, misuse and/or access of the five Service; (d) a violation by you of any applicable law; (e) any content you post, store or otherwise transmit in or through the five Service; and/or (f) your violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein. five reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify five, and you agree to cooperate with five’s defense of these claims, at your sole cost and expense.

12. Termination:

You may unsubscribe at any time by sending an unsubscribe request to us and we will process your request within a reasonable time after receipt.  five reserves the right, without limitation, without notice if you are a resident of North America and with reasonable notice elsewhere, and in our sole discretion, to terminate your license to use the five Service and your accounts and passwords to the five Service and to block or prevent your future access to and use of the five Service or your account and passwords, for any reason, including, without limitation, if you are in violation of any provision of the TOS Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the TOS Agreement), five is required by applicable law, or five is no longer providing the five Service to users in the country in which you are a resident or from which you use the five Service.  The foregoing includes five having the ability to terminate or to suspend your access to any purchased products or services.   Your only remedy with respect to any dissatisfaction with (a) the five Service, (b) any term of this TOS Agreement, (c) any policy or practice of five in operating the five Service, or (d) any content or information transmitted through the five Service, is to terminate your account and discontinuing use of the five Service.  The introductory paragraphs and Sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 16, 17, 18 of this TOS Agreement will survive termination of this TOS Agreement.

13. Expectation of Privacy:

Except as set forth herein, communications made using the five Service should not be considered private.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of any communications,.

14. DRM:

If you access content protected with Digital Rights Management (DRM), the software may automatically request media usage rights from a rights server online and download and install DRM updates so that you can view the content.

15. Force Majeure:

five shall not be liable for any delay or failure to perform resulting from causes outside five's reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond five's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

16. Risk of Loss:

You bear all risk of loss for accessing or completing the download of any five Service and for any loss of any five Service that you have accessed or downloaded, including any loss due to a file corruption or device crash.  Any five Service may be available for limited periods of time, and/or subject to other access restrictions (including for example, possession of other specific five Service(s) for access or use).  five Services may become unavailable due to potential content provider licensing restrictions or other reasons; five will not be liable to you if any five Service is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.

17. Miscellaneous:

You warrant, represent, acknowledge and agree that you have and understand this TOS Agreement, including, without limitation, the terms and provisions set forth herein.  This TOS Agreement (which hereby incorporates by reference any other provisions applicable to use of the five Service, including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Website and any operating rules for the five Service established by five, but excluding the Privacy Policy for residents outside North America) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.  This TOS Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred and assigned by five without restriction.  Any purported transfer or assignment attempted to be made by you in violation of this TOS Agreement shall be void ab initio. The provisions of this TOS Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions.  In addition, if any provision of the TOS Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties.  The failure by five to partially or fully exercise any rights or the waiver of any breach of this TOS Agreement by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by five of any subsequent breach by you of the same or any other term of this TOS Agreement.  five’s rights and remedies under this TOS Agreement shall be cumulative, and the exercise of any such right or remedy shall not limit five’s right to exercise any other right or remedy.  The section headings used herein are for convenience only and shall not be given any legal import.

18. For residents in North America-- DMCA Notice:

five respects the intellectual property rights of others and expects its players and the users of its services to do the same. If you believe that any content appearing in the five Service has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below.

Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. §512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.

To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:
‍

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

Questions: Should you have any questions regarding this TOS Agreement you may contact us through the Website.

SUPPLEMENTAL TERMS — GERMANY

The following Section supersedes and replaces the corresponding Section above for residents in Germany:

2. Changed Terms: From time to time, five may need to amend this TOS Agreement, for example to reflect or include new products or services, to enhance security for users or because of changes in the law. If five makes such a change to this TOS Agreement we will inform you of the particular changes in advance via e-mail no later than thirty (30) calendar days before such changes come into force and you shall be deemed to have accepted these changes (i) unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receipt the e-mail notification from us, or (ii) if you use the five Service after the changes have entered into force. In the e-mail notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.

The latest version of this TOS Agreement will always be available on our website, so we recommend that you check for updates to this TOS Agreement each time you use the five Services. Changes to the TOS Agreement shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under this TOS Agreement and shall not have retroactive effect.

The Friendly Version — Written Simply For Human Beings:

• We own our websites, applications and technology platform, you own the content you upload.
• All conversations (and content) are private between an “Expert” and a “Customer.”
• Each “Expert” owns the content they post in the chat and each “Customer” owns the content they post in the chat.
• We live in a world of social media and sharing, please be respectful to one another and agree with each other before sharing any information from private conversations (e.g., don’t copy and paste or screenshot without approval from the other party).
• By chatting with an Expert, you have not formed a legal professional relationship.
• Be extra sensitive to financial, medical, legal, or safety advice, be smart, and use common sense.
• Be professional, honest, and courteous to anyone you engage with on the platform.
• Have fun and meet some of the most interesting people in the world.

TERMS OF USE AND SERVICE AGREEMENT

By applying to become an Expert on the five Service, you are agreeing to comply with and be bound by the terms of this Agreement, the TOS Agreement, the privacy policy, and all other community guidelines, rules, policies and disclaimers posted on the five Service or about which you are notified (collectively “Terms”). Please review all of the Terms carefully before applying to become an Expert on the Site.

1. Representations and Covenants:

‍By agreeing to this Agreement and completing the registration process, you are representing and agreeing that:

(a) All information you provide in your registration with five relates to yourself only and is accurate, complete, and not misleading.

(b) You accurately describe your background, skills, knowledge, and your level of experience (including professional licenses, certifications, education, employment, etc.).

(c) You will not misrepresent yourself, such as, but not limited to, using or creating a misleading username.

(d) (1) You will maintain and update all information provided in your registration within twenty-four (24) hours of any changes so that it remains true, accurate, and complete. In addition, if any change to such information alters the status of any of your credentials that have been verified for purposes of being an Expert on the five Service (e.g., active license becomes inactive or suspended, disciplinary investigation is opened, etc.), you will notify five of such change through the five Service within twenty-four (24) hours of the change. In addition, if such change makes you ineligible to be an Expert on the five Service, then you must immediately cease answering questions on the Site.

(2) five reserves the right, and Expert agrees to comply, to periodically audit the credentials of any Expert on the five Service.

(e) You will not answer questions in any of the other categories or subcategories if you do not meet the requirements of those categories or subcategories. As an example, you will not answer questions in any of the Legal, Medical or Veterinary categories or subcategories unless you are a licensed attorney, MD/DO or veterinarian (or the local equivalent), respectively, with an active license in good standing. If you are unclear about the requirements for Experts in particular categories or subcategories, please inquire within the five Service.

(f) You will provide competent answers that are within your realm of expertise and any applicable credentials only and will use at least a reasonable standard of care in providing answers. A reasonable standard of care is the higher of: (i) the standard you apply in your profession not conducted on the five Service; or (ii) the standard of care required by the applicable profession.

(g) Experts in the Medical, Health, Veterinary, Pet, or Large Animal categories shall provide general information only, not medical or veterinary advice.   They shall not diagnose, treat, or recommend treatment or a course of action that should only be performed or recommended after an in-person examination or meeting, and they shall not act in a manner or engage in a form of communication that would establish a professional-client relationship on the five Service; however, they may do so outside of the five Service.

(h) Experts in the Legal categories must be attorneys licensed to practice law, and be in good standing, in at least one jurisdiction in the United States or foreign country. Such Experts shall provide general information only, such as providing descriptions of general principles of law, and shall not provide legal advice. In responding to questions, Experts in the Legal Category shall not apply their legal knowledge or skills to resolve or advise on the Customer’s specific factual circumstances described in the question, such as by proposing a specific course of action (other than advising the User to seek the advice of an attorney licensed to practice in the relevant jurisdiction). Experts in the Legal Category shall not form an attorney-client relationship on the five Service; however, they may do so outside of the five Service.

(i) You will not do anything to manipulate, undermine, or disrupt the integrity of any Customer, Expert, or other feedback ratings, reports, or systems on the Site, including, but not limited to, by filing false reports about other Experts. You will not harass or threaten any other User of the five Service.

(j) You will not disclose (which a Customer will be prompted to rate) any information that is classified more aptly as an “Information Request.”

(k) You will abide by all the laws, rules, regulations, and ethical standards pertaining to your profession and/or the profession applicable to categories in which you are an Expert (including, if applicable, any ethical obligations relating to conflicts of interest).

(l) You agree that any content you provide on the five Service and your use of the five Service or any additional services (whether such additional services are Informational or Beyond-Information Only, as defined below) initiated through the five Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (c) be illegal or violate any federal, state, or local law, statute, ordinance, regulation, or ethical code; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography; (f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (h) link directly or indirectly to, or include descriptions of, goods or services that are prohibited under the Terms or that you do not have a right to link to or include. If you post material that is adult in nature, such material shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content. You may not consummate any transaction that was initiated using the five Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance, or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the five Service without five’s prior written consent. We do not knowingly collect personal information from children under thirteen (13) years of age, and if we become aware that a child under the age of thirteen (13) has submitted personal information to us, we will promptly remove it from our systems.

(m) You acknowledge that we do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the five Service. There may be a risk of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using the five Service, you agree to accept such risks and that five is not responsible for the acts or omissions of Users on the Site.  In addition, you acknowledge that the amount of storage space per User is currently limited. You agree that five is not responsible or liable for the deletion or failure to store content and/or other information.

2. Duration and Termination of Agreement:

‍(a) this Agreement shall be for an initial duration of thirty (30) days after five approves the Expert’s request to use the five Service as an Expert and will automatically renew for thirty-day intervals on the thirtieth day of the initial duration and of each successive term thereafter (each a "Duration"), unless and until one party gives the other at least thirty (30) days' written notice before the end of the then-current Duration of its intention not to renew this Agreement. You may terminate your service and account by written notice within the five Service. Terminations typically will be effective within ten (10) business days after our receipt of your termination notice, at which time your account will be closed, and you will no longer be able to access your former account. Any payments accrued as of the effective date of termination will be payable according to the Terms.

(b) five can terminate this Agreement and your license to use the five Service and your accounts and passwords to the five Service and to block or prevent your future access to and use of the five Service or your account and passwords, for any reason, including, without limitation, if you are in violation of any provision of this Agreement, the TOS Agreement or any Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement, the TOS Agreement or the Terms).

3. Informational and Educational Purposes Only:

‍The five Service is a venue for informational and educational purposes only. The formation of a professional-client relationship on the five Service is prohibited; however, the formation of a professional-client relationship outside the five Service is not prohibited, as long as the User requested those services. Promoting non-free services, provided by the Expert, outside of the five Service is prohibited, except in the case the User requests this information.

4. Content and License:  

(a) Any information or communications provided in questions, answers, calls, video calls, messages, requests for information, responses, profiles, Expert signatures, qualifications, comments, and posts in any public forum within the five Service and other places where Users communicate with one another on the five Service (“Posts”) will not be considered confidential and may be used by five for any purpose. This may include, but is not limited to, using your signature and/or profile information in emails sent to Customers alerting them to your postings. You understand and agree that five may send Customers emails pertaining to their questions and your answers that are signed by your username (but sent on your behalf from a five email address). For example, five may let the Customer know that you have sent the Customer an email and/or have responded to their question. Five reserves the right to remove any or all of your Posts, in whole or in part, at any time with or without notice.

(b) You grant to five a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.

(c) You hereby grant to five the non-exclusive right and license, in perpetuity and throughout the universe, to use your name, image, likeness, voice, attributes and/or biography in connection with the advertising, marketing, promoting, publicizing and exploiting any matter related to the five Service and all subsidiary and ancillary rights therein, in perpetuity, throughout the world and in any and all media, whether now known or hereafter devised.

(d) To allow five to assist you in protecting your copyrights in your Communications, at its sole discretion, you grant five the right to act on your behalf solely in submitting DMCA takedown notices to other websites to remove copies of your Communications from other websites. You agree to notify five within twenty-four (24) hours of posting any portion of your Communications on another website or granting permission to another person or entity to do so, so that five does not submit a DMCA takedown notice for such content. If you do not wish five to assist you in protecting your copyrights in this manner, please send an email to that effect to five. You agree that five has no obligation to make any searches or submit any DMCA takedown notices on your behalf.

5. Fees:

(a) five will pay you up to ninety percent (90%) of the revenue (less all taxes and applicable charges) actually received by five from a Customer for each Communication through the five Service.  You will have the right to set your on price for each Communication.  

(b) five is not responsible for and will not make any deduction to payments made to you for any fees, commissions, costs, expenses or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with the five Service.

(c) five is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes.

(d) You agree to register with the third-party payment provider selected by five; any payment provider is subject to change in five’s sole discretion and you agree to abide by all the terms and conditions for the use of such third-party payment provider. You do not have the option to select a payment provider other than the one selected by five. You agree to provide to the payment provider all information required by such payment provider in order to receive payments due via the payment provider.  Subject to the applicable payment provider’s terms and conditions, we make all payments upon your complete delivery of the applicable Communication you made but at least within thirty (30) days from we received the payment from the Customer. Payments will be in the currency you select with the payment provider, your choice of currency cannot mean any costs to us, and we initiate the payment of the revenue you are entitled to under these Terms in U.S. Dollars. If you do not provide to the payment provider all required information, then you may not be able to receive the payments due to you. Five will not be responsible for any damages, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. You acknowledge and agree that no payment provider used by five is operated, owned or controlled by five, and your use of any such payment provider is subject to the terms and conditions and privacy policies of that payment provider. We are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Unless otherwise agreed by five, you acknowledge and agree that you are solely responsible for any taxes, fees, costs and expenses incurred in connection with the use of a payment provider. Notwithstanding anything to the contrary contained in this Agreement or the Terms, if five, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with the five Service, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, may have arisen out of or in connection with any such violation of law or regulation.  Five disclaims any warranty that its billing and payment system is without error. If an Expert believes there is a problem with five’s billing or payment system, the Expert should notify five via the five Service within thirty (30) days of such problem. Upon receipt of the notification of such a problem, five will, in good faith, work to remedy any alleged payment errors.

6. Expert Accounts and Relationship with five:

(a) You may not share your account with, nor use the account of, anyone else. You will be solely and fully liable and responsible for all activities and answers provided under your username and account. In addition, if any five account of yours has been suspended or terminated, you may not open another account on the five Service.

(b) No relationship (such as partnership, agent, joint venturer, or employee) between you and five is created by this Agreement or your participation on the five Service. You acknowledge that you are not an employee or agent of five but are, like Customers, only Users of the five Service. You shall act in accordance with this status and shall not hold yourself out as an officer, employee or agent of five, nor make any claim based on any right or privilege applicable to five’s employees. Under no circumstances shall you look to five as your employer, or as a partner, agent, or principal. Nothing regarding your participation on the five Service will be considered as an endorsement, referral or recommendation by five of you or the Communications you provide, and you will not, either on the five Service or in any other forum or by any other means, suggest such an endorsement.

(c) It is the express intention of five and the Expert that the Expert be an independent contractor. Nothing in this Agreement shall in any way be construed to constitute the Expert as an agent, employee, or representative of five. Without limiting the generality of the foregoing, the Expert is not authorized to bind five to any liability or obligation or to represent that the Expert has any such authority. Expert agrees to furnish all tools and materials necessary to answer questions on the five Service and shall incur all expenses associated with such performance. Expert further agrees that any use of site tools, five’s mobile application or any other tools (“Tools”) offered by five is optional and such Tools are purely offered for Expert’s convenience and usage of such Tools are not mandatory. Expert acknowledges and agrees that Expert is obligated to report as income all compensation received by five pursuant to this Agreement.  Expert agrees to and acknowledges the obligation to pay all self-employment and other taxes on such income.  Expert receives no five-sponsored benefits such as, but not limited to, paid vacation, sick leave, medical insurance, and 401k participation. If Expert is reclassified by a state or federal agency, court, or arbitrator as five’s employee, Expert will become a reclassified employee and will receive no benefits from five, except those mandated by state or federal law, even if by the terms of five’s benefit plans or programs of the Company in effect at the time of such reclassification, Expert would otherwise be eligible for such benefits.

7. Expert Accounts and Relationship with five:

‍By agreeing to this Agreement and completing the registration process, you are agreeing that:

(a) You will not post, or authorize anyone else to post, any portion of your Communications other than on the five Service.

(b) The provisions of this Agreement are not intended to prevent you from practicing your profession, but only from engaging in the limited activity described therein.

(c) You will not make any statement that disparages five, its services, products, directors, officers, employees, shareholders or agents.

(d) You will not provide information on any other websites about five, unless you expressly state that your statements are not made on behalf of and have not been approved by five.

(e) You will  answer all Communications directly and shall not use any third party to answer any Communication or use any automated responses.

8.  Intellectual Property:

‍(a) The five Service and each Website are owned and operated by five.  All content, trademarks and other proprietary materials and/or information on the five Service and each Website, including, without limitation, five’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof  and all other materials (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).  five (or its subsidiaries or affiliated companies and/or third-party licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the five Service and each Website under copyright laws and five owns all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the five Service and each Website as a collective work under copyright laws.  five owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.  All Materials contained in the five Service are the proprietary property of five or its subsidiaries or affiliated companies and/or third-party licensors.  You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the five Service, any software distributed by or assist any other person or entity in doing so.

(b) Any access to or use of the five Service to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with five (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of five is prohibited. This prohibition specifically applies to, but is not limited to, software, programs, applications, and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology, or product that exists now or in the future.

(c) If you access five or copy, display, distribute, perform, or create derivative works from Material displayed on the five Service or other intellectual property in violation of this Agreement, your access, copying, display, distribution, performance, or derivative work is unauthorized. Circumvention of any technological restriction or security measure on five or any provision of this Agreement that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of five webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.
(d) You agree that Posts on the Site, materials, ideas, comments, and testimonials that you submit on the five Service or other venues will not be considered confidential and may be used by five, in its sole discretion, without any obligation to compensate you for the use of or to return any submitted materials. You also agree that five owns, and has the right to register in its name, trademarks and service marks for any category names that you create on five, so do not use a category name that you want to reserve for your own benefit. five may use other trademarks or service marks in lieu of the category names that you create.

(e) You grant to five a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts, recorded calls, and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.

(f) Notwithstanding the above, please note that Experts are granted access to the five Service beyond the access granted to other Users and, as such, have access to information not known by non-Expert Users of the five Service (“Confidential Information”). Experts shall maintain all Confidential Information in confidence; shall use such Confidential Information in confidence; shall use such Confidential Information only in connection with their legitimate activities on the five Service; shall not use Confidential Information for the purpose of developing, operating, or participating in any competing service; and shall not disclose Confidential Information to non-Experts unless required by law.

‍

Refunds are available only in the following circumstances and Customers shall make refund requests directly to the Experts:

• Expert habitually doesn't respond to member questions due to neglect, as determined by Five, in its sole and absolute discretion  
• Expert leaves Five platform during the term that a member has signed up for thus rendering the membership experience not eligible (i.e. annual subscription but expert leaves Five platform after 3 months)
• Platform technical error, as determined by Five, resulting in Customer not being able to access information 
• Payment error

Not Refundable: 

• Monthly plans (mid-cycle). 30 day notice required to cancel.
• Annual plans that were purchased on promotion 
• 1:1 sessions that were completed
• Unsatisfactory answers that were provided by the Expert
• Dissatisfied experience with the platform and/or with an Expert’s responses does NOT qualify for a refund.  All comments or complaints should be discussed directly with the Expert.

It is the responsibility of the Expert to communicate its refund policy to Customers and to issue refunds to Customers via the Site. An Expert shall ensure that its refund policy is consistent with the Five’s terms of service, the Five Refund Policy as stated in five’s terms of service, and the payment and refund mechanics of the Site. The site permits an Expert to issue refunds to Customers, provided the refund is issued by Expert within six (6) months (subject to change without notice) after the transaction date for the underlying purchase, and provided that the Expert has adequate funds in their account to cover the refund. Refunds issued following such period will not be processed through the Site, unless otherwise agreed to by Five in its sole and absolute discretion. All communications or disputes regarding refunds are between the Expert and Customer and Five will not be responsible or liable for, and Expert hereby agrees to fully indemnify Five and its affiliates for refunds, errors in issuing refunds, or lack of refunds in connection with the use of the Site.

Notwithstanding the foregoing, you acknowledge and agree that Five shall have the right to force a refund of any or all subscriptions or interactions any time for any reason or no reason, including without limitation if Five receives complaints from a substantial number (as determined by Five in its sole discretion) of Customers or Five determines in its sole discretion that Expert has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Customer(s) request a refund, whether due to a canceled account or for any other reason where Five would reasonably expect to lose a chargeback, Five may, in its sole discretion, issue such refund to such Customer(s), and Expert shall then owe the amount of such refund to Five.