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.
(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.