Effective Date: April 10, 2018
I. USE OF SITE
To access this Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of this site that all the information You provide on this Site will be correct, current, and complete. If 5-Hour Sample believes the information You provide is not correct, current, or complete, 5-Hour Sample has the right to refuse You access to this Site or any of its resources, and to terminate or suspend Your access at any time.
II. PROHIBITED USE OF THE SITE
You may only use this Site for purposes expressly permitted by this Agreement. As a condition of Your use of 5-Hour Sample’s Site, You warrant to 5-Hour Sample that You will not use the Site for any purpose that is unlawful or prohibited by this Agreement. For example, You may not (and may not authorize any party to) (i) co-brand this site, (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of 5-Hour Sample. For purposes of this Agreement, “co-branding” means to display a name, logo, or trademark, in such a manner as is reasonably likely to give a user the impression that such party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with 5-Hour Sample in preventing any unauthorized co-branding, framing or hyper-linking. In addition, You may not use 5-Hour Sample’s Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
III. INTELLECTUAL PROPERTY
Trademarks, service marks, logos, and copyrighted works (including the collection and arrangement of content) appearing in this Site are the property of 5-Hour Sample, LLC or the party that provided the trademarks, services marks, logos, and copyrighted works to 5-Hour Sample. Except as provided in this Agreement, 5-Hour Sample does not grant You any express or implied right to any patents, trademarks, copyrights, or confidential information. In accordance with the Limited Liability section of this Agreement, as part of the use of this Site, You agree not to bring any claim against 5-Hour Sample, its affiliates, officers, directors, employees, agents, sponsors, third party content providers, licensors, licensees or the like for any claim of intellectual property infringement.
IV. HYPERLINKING/LINKED SITES
This Site may provide a link to other websites by allowing You to leave this Site to access third-party material (“Linked Site”). 5-Hour Sample is not related to, nor does it have discretion to alter, update, or control the content on a Linked Site. 5-Hour Sample has not reviewed such Linked Sites and is not responsible for the content of those sites. The fact that 5-Hour Sample has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. You access any Linked Sites at Your own risk. 5-Hour Sample makes no representations or warranties about the content, completeness or accuracy of these Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. 5-Hour Sample is not responsible for such provisions and expressly disclaims any and all liability related to such provisions.
V. DISCLAIMER OF WARRANTY
You expressly agree that use of the Site is at Your sole risk. Neither 5-Hour Sample nor its affiliates, any of their officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy, completeness, reliability, or security of the Materials. This Site and the information, content, and materials on this Site are provided on an “as is,” “where is,” and “where available” basis. 5-Hour Sample makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or to the content, information, or the materials on this Site. 5-Hour Sample expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, or information on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. You, and on behalf of Your agents, attorneys, employees, predecessors-in-interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, hereby fully release, discharge, waive, and absolutely forgive 5-Hour Sample, and each of its respective agents, attorneys, employees, predecessors-in- interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, from any and all lawsuits, demands, controversies, disputes, actions, causes of action, rights to accountings, fees, invoices, billings, proceedings, obligations, debts, liabilities, costs, disbursements, expenses, attorneys’ fees, damages and other claims of whatever character, nature and kind, in law or in equity, past, present or future, know nor unknown, joint or several, suspected or unsuspected, arising from or relating to Your use of the Site and/or any works obtained therefrom (collectively, “Claims”). You covenant not to sue with respect to any Claim subject to the foregoing release, discharge or waiver.
You understand that 5-Hour Sample cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. 5-Hour Sample does not assume any responsibility or risk for Your use of the Internet.
VI. LIMITATION OF LIABILITIES
5-Hour Sample, its subsidiaries, affiliates, licensors, service providers, attorneys, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss data, use, revenue or income, pain and suffering, emotional distress, or similar damages, even if 5-Hour Sample has been advised of the possibility of such damages.
The foregoing limitation applies to claims based on warranty, contract, tort (including negligence), liability, or any other legal theory. Some jurisdictions do not allow limiting liability for certain damages. In such jurisdictions, 5-Hour Sample’s liability shall be limited to the extent permitted by law. In no event will the collective liability of 5-Hour Sample and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount You have paid to 5-Hour Sample for the applicable content or service out of which liability arose.
Each time You upload any user submitted content (“User Content”), You confirm Your acceptance of and agreement to be bound by this Agreement. You shall, and hereby do, indemnify, defend, and hold harmless 5-Hour Sample, its affiliates, agents, employees, sponsors, and licensors from and against all claims and expenses, including reasonable attorneys’ fees, arising out of, or related in any way, to Your User Content, use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This includes, but is not limited to, defense and indemnification of 5-Hour Sample for any unlawful or unpermitted uploading of any information by a user. This indemnification shall survive any termination or suspension of Your use of this Site.
VIII. SUBMISSIONS and EMPLOYMENT
All employment-related content You submit, whether publicly posted or privately transmitted, is Your sole responsibility. This means that You, and not 5-Hour Sample, are entirely responsible for all employment-related content that You upload, post, e-mail, or otherwise transmit via this Site. You shall not transmit content or otherwise conduct or participate in activities on the Site that are prohibited by law in applicable jurisdictions. 5-Hour Sample does not control user content. 5-Hour Sample has the right, but not the obligation, to monitor Your submissions and reserves the right to modify, move, or remove any content at any time and for any reason in its sole discretion. You agree that 5-Hour Sample may use, share and disclose information about You or Your use of this Site, including Your submitted content, for hiring purposes, to comply with laws and requests by governmental or regulatory agencies, to protect or defend 5-Hour Sample’s rights or property, for any business purpose, or to protect the safety of 5-Hour Sample, 5-Hour Sample’s employees, agents, sponsors, membership, or the public.
By submitting any User Content, you represent and warrant that:
- You are the sole author and owner of the intellectual property rights thereto;
- All content that you post is accurate;
- You are at least 18 years old;
- You reside in the United States; and
You further agree and warrant that you shall not submit any User Content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, false advertising or FTC endorsement and testimonial guidelines);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; and
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
You hereby waive all intellectual property rights, including copyright, and any other right to any User Content that You submit, and shall, and hereby do, grant to 5-Hour Sample and any other user, a fully paid-up, royalty-free, perpetual, irrevocable, non-exclusive right and license (with the right to sublicense through multiple tiers) to use, reproduce, copy, modify, publish, adapt, host, cache, index, archive, store, create derivate works from, translate, perform, display, and distribute such User Content, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or herein after developed without accounting, notification, credit, or other obligation to You.
5-Hour Sample has the right but not the obligation to monitor submissions by users and reserves the right to modify, move, refuse or remove any content at any time and for any reason in its sole discretion. You grant 5-Hour Sample and other users of this Site the right to use any material, information, ideas, concepts, know-how, or techniques contained in any User Content You provide or otherwise submit to 5-Hour Sample for any purpose whatsoever, including but not limited to, educational purposes and developing and marketing commercial products (if any as 5-Hour Sample deems fit in its sole discretion) using such information. You will not be entitled to any compensation for any of the rights You grant in and to the User Content.
IX. TERM AND TERMINATION
5-Hour Sample reserves the right to terminate Your access to any part or the entire Site at any time without notice for any reason whatsoever. 5-Hour Sample also reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. 5-Hour Sample reserves the right to seek all remedies available at law and in equity for any violation of this Agreement. Sections V–XVI shall survive the termination of this Agreement.
X. NO AGENCY OR THIRD PARTY BENEFICIARY
You agree that no agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship exists based on this Agreement or Your use of the Site. You acknowledge that You do not have authority or power to bind 5-Hour Sample. In no event shall 5-Hour Sample be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
XI. CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan without reference to its conflicts of laws provisions. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between You and 5-Hour Sample arising out of this Agreement, use of this Site, or pertaining to the subject matter hereof. You agree the exclusive venue for any dispute between the 5-Hour Sample and You arising out of this Agreement or Your use of this Site will be in the state and federal courts in Oakland County, Michigan or the United States District Court for the Eastern District of Michigan respectively.
5-Hour Sample makes no representation that the materials are appropriate or available for use outside the United States. This Site is for residents of the United States only. This Site is not intended for use by, or to provide any information to, users outside of the United States. 5-Hour Sample reserves the right to require proof of residence from any user accessing the Site and requesting information. You agree to comply with all laws and regulations applicable to Your use of this Site.
XII. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER
This Agreement constitutes the entire agreement between 5-Hour Sample and You with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and 5-Hour Sample with respect to this Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by 5-Hour Sample to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.
XIII. MODIFICATIONS TO AGREEMENT
You agree to be bound by any affirmation, assent, or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from 5-Hour Sample solely through electronic transmission. You agree that, when in the future You click on an “I agree”, “I consent” or other similarly worded button or entry field on this Site, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, 5-Hour Sample reserves the right to release Your details to system administrators at other sites to assist them in resolving security incidents. 5-Hour Sample reserves the right to investigate suspected violations of this Agreement.
5-Hour Sample reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing 5-Hour Sample to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS 5-Hour Sample FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 5-Hour Sample DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER 5-Hour Sample OR LAW ENFORCEMENT AUTHORITIES.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.