Terms of Use Policy

May 2022
These Terms of Use (“Terms”, “Terms of Use”) apply to any use of The Right Five's website (hereinafter referred to as the "Website") or platform (hereinafter referred to as the “Platform”), the scope of which includes, but is not limited to: www.therightfive.com.  When we say “Website” or “Platform”, we mean all of The Right Five’s Website and services. 
This Website and Platform is operated and supplied by The Right Five LLC (“The Right Five”, “we”, “our”, or “us”), registered at 485 South Logan Street Apt 6, Denver CO 80209.
These Terms of Use govern and manage the interaction and relationship between you (the “User(s)”) and us.  When we state User, we mean visitors, users, registered or otherwise, and others who access or use the Website or Platform.
These Terms of Use are deemed to include all other operating instructions, policies, and guidelines governing your use of the Website or Platform referred to herein. Your access to the Website and use of the Platform is contingent upon your acceptance of and compliance with these Terms. By accessing the Website or Platform you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should not access the Website or Platform.
These Terms of Use are entirely consistent and compliant with The Right Five Privacy Policy, which is located at: https://therightfive.com/privacy-policy/.  To the extent applicable, anyone who accesses or uses the Website or Platform, confirms that they have familiarized themselves with our Privacy Policy.


The Right Five grants you the non-exclusive, revocable, limited right to access and use the Website.  Use of and access to certain areas of the Platform contained within our Website requires User registration.  In order to gain access and use of the secure and confidential areas of the Platform, you must create a profile and register as a User ("Registered User"), see the section, Registering as a User, below. Registration as a User requires your express acceptance of these Terms of Use.
Registering as a User:
In order to become a Registered User, you will need to provide certain profile information, Personal Data, the terms and policies for which are described in our Privacy Policy, https://therightfive.com/privacy-policy/.  You will need to set up a unique User Identification (“Userid”).  The email address that you provide during registration will also become your Userid.
In addition, you will need to set up and verify a password. You can choose your own password, subject to the instructions on the account and profile registration page, which must be used in conjunction with your Userid (email address) when logging into the Website or Platform (“Login”).  The password is personal to you, and you must not transfer it or reveal it to others. It is your responsibility to safeguard and secure your password and to ensure that it does not become compromised, and in the circumstances that it is, you must inform us immediately, without delay, whereupon we will delete your original password and invite you to set up a new one.
We reserve the right to delete the registration or change the password, if there is a risk that the password has been compromised, or if either is used in violation of the Terms of use or applicable law.
In the circumstances where your User profile is deleted, you will no longer be able to access Platform services on the Website which require your Login as a Registered User.  We reserve the right to delete any user-generated content you may have made anywhere else on the Website.  In all relevant deletion decisions, our disclaimer, as specified in Section 6, applies without limitations.
You have no automatic rights to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
You are only permitted to register one profile per person on the Website. The profile is personal to you, and you must not transfer it to others.


Without any limitation, you hereby grant The Right Five a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles, comments or other types of communication, known as User-Generated Content ("Content") which you create and publish (post) on the Website or Platform. We may freely use and transfer the Content and disclose the Content to third parties.
Users are solely liable and responsible for the Content that they publish (post) on the Website, for example on a Weblog (Blog) comments section or on the Platform.
Users warrant that all Content posted on the Website or Platform is correct and true, in the case where facts are stated, or genuinely held and representative, in the case where opinions are stated.
Users must not, and must not allow any third-party acting on their behalf or otherwise, to publish Content on the website which:

  • Is unlawful, deceptive, misleading, misrepresentative, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane, has sexist, political or racial character, violates the legitimate and legal rights of others, including any intellectual property rights, rights of privacy or rights of publicity;
  • Is offensive or in any way breaches any applicable law or regulations;
  • Reveals any Personal Data about another individual or third-party;
  • Impersonates another person;
  • Has an unlawful purpose or content, or the content of which promotes unlawful purposes;
  • Is technically harmful, including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct, or;
  • In any other way, violates these Terms of Use.

Contributors of Content warrant in every circumstance and context that the Content is lawful and in compliance with the Terms of Use.  If The Right Five receives notice or otherwise becomes aware that Content violates applicable law or the Terms of Use, we may delete the Content without any notice, and we reserve the right to inform any violated party or the applicable authorities of the violation. Our reserved right to delete Content will not be contingent on providing an explanation.
By posting Content, the User acknowledges their sole responsibility for it and hereby guarantees to indemnify The Right Five against any legal action or claim brought against us by any third-party as a consequence of the User’s actions in posting Content that is in breach of the Terms of Use contained herein. 
The User must indemnify and hold The Right Five harmless from and against any claim or loss due to third party claims against us resulting from the Content of the User. We reserve the right to initiate and take any legal actions which we deem necessary in the case of any infringement of the User's Content at the sole discretion of The Right Five.
We reserve the right at any time to request further information about the Content from the User, including relevant supporting documentation pertinent to the information included in the Content posted or published.


Intellectual Property & Imaging Rights:

The Website and the services we offer via the Platform together with all original content, underlying technology and intellectual property rights contained therein, are vested in and remain the sole and exclusive property of The Right Five.  No license or any other rights are conferred on or granted to any such underlying technology and intellectual property.
All content including but not limited to the intellectual property rights, software, features, functionality, algorithms, formatting, sequencing, text, characteristics, graphics, icons, photographic images, calculations, references, style, branding, other imaging, schemes and themes contained on the Website and Platform are and shall remain the exclusive property of The Right Five.
All services provided on the Website and Platform are protected by copyright and applicable US and international legislation and laws. Our branding, imaging and logo may not be used in connection with any other purpose without the prior written consent of The Right Five. Any unauthorized copying (digital or otherwise), downloading, distribution, presentation or other use of the Website, Platform or part thereof is prohibited and a violation of US law.
 Tests & Test Scoring:
Users agree that The Right Five holds and asserts exclusive property rights to any test scores aggregated, processed, calculated, measured, ranked, anonymized or otherwise, by our intellectual property used in the Platform.  We reserve the right to use these test scores to improve the capabilities and functionality of our intellectual property and offering.
Users further agree that any test scores resulting from use of the Platform services by any users will exclusively be shared with and accessed by the explicit Client, for the sole purposes of their normal business, for which the specific and confidential test in which you are invited to participate will have been established.  All matters concerning confidentiality and Data Protection of your Personal Data are strictly governed in accordance with our Privacy Policy, https://therightfive.com/privacy-policy/.
Other Rights:
You hereby agree to confer in us our asserted rights to fully exploit any feedback, ideas or suggestions regarding the Website or Platform that you may provide from time to time.
All company names, trademarks and other business properties used on the Website and Platform will be either our property or the property of the respective third-party, where applicable, and can only be used or replicated where explicit and tacit approval has been granted either from us or the respective third-party owner.
Personal data:
Through our Website and Platform we perform different types of processing of Personal Data, at all times in obeyance of and in accordance with our Privacy Policy, https://therightfive.com/privacy-policy/.


Within our Website and Platform there may be links to third-party websites or services that are not owned or controlled by The Right Five.  Users acknowledge and agree that we have no control over, nor do we assume any responsibility for, the content, privacy policies, claims or practices of any third-party websites or services.
Users further acknowledge and agree that The Right Five shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or dependence on any such content, offers, goods (whether procured or not), or services available on or through any such third-party websites or services.  Users hereby agree to hold The Right Five free from any claims that they may wish to make in relation to such.
We firmly recommend that Users read the terms of use and privacy policies of any third-party websites or services that you may visit or use, irrespective of whether by directly linking through our Website or Platform, or independently.


In no case or event shall The Right Five including its Founders, employees and affiliated third-parties be held liable, whether in contract, tort (including negligence) or otherwise for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, contracts, turnover, business, business opportunity, anticipated savings or any form of revenue (whether direct, indirect or consequential), data, use, goodwill, other intangible losses, losses or damages due to any security breaches or unauthorized access resulting from third-party failures through the use of the Website or Platform, or any losses and/or damages arising in connection with liabilities to third-parties (whether direct, indirect or consequential), to the extent applicable under the law, even if we have been notified of the possibility of such damages.
Such limitations shall cease to apply if the damages are the result of a deliberate act, breach of contract, misrepresentation, or gross negligence on the part of The Right Five or its executive staff. In any case our total aggregate liability under these Terms of Use shall not exceed the fees actually paid by you, the User, to The Right Five in the most recent payment event.
You, the User, hereby further agree that no claims or actions arising out of the use of our Website or Platform under these Terms of Use may be brought by you beyond a period of more than one year after the actionable event has occurred.  Nothing in the foregoing will limit either party’s liability for anything that cannot be excluded or limited under the applicable law.


The use of the Website and Platform is solely at your own risk.  The Website, all Content and all services offered on the Platform are provided on an “as-is” and “as available” basis without warranties or representations of any kind, whether express or implied.  The Right Five explicitly disclaims all warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or expectation of performance.
The Right Five does not warrant that the Website or Platform will function uninterrupted at any given time or in any particular location or on any specific electronic device, or will be free from any errors, defects, viruses or any other harmful components, or that your requirements will be met.  The Right Five reserves the right to modify, update, suspend or discontinue any services on its Website or Platform at any time, for any reason without providing any notice or liability.
The Right Five disclaims all liability for breaches of any User accounts, not attributable to our negligence, and where this is due to the compromise of User chosen passwords by any third-party, whether intentional, accidental or by illegal means. Registering as a User and the responsibilities for safeguarding and securing passwords are outlined in Section 1.
The Right Five makes no representations nor gives any warranties with respect to any Content or Personal Data published on the Website or Platform.  It is hereby agreed by the User that any voluntary use of any services provided on the Website or Platform, or any answers provided to any questions voluntarily undertaken by the User, are entirely and expressly at the risk of the User and that The Right Five explicitly disclaims all warranties or representations in respect of this.
The Right Five reserves the right to investigate and edit (including anonymizing) any Content, where such actions are prompted by third-party requests, required under applicable law, or are necessary for the Content's compliance with our Terms of Use and Privacy Policy.
The Right Five disclaims all liability, without limitation, to any Content which has been necessarily revised or edited by us to comply with these Terms of Use or our Privacy Policy. Notwithstanding the foregoing, we are not liable for, nor do we endorse, any links to any third-party websites contained in any Content, including, without limitation, for any content contained on any of the pages to which the Content links.


We may terminate or suspend your right to access and use any of the services offered on the Website or Platform without prior notice or liability, for any reason, including without limitation if you breach these Terms of Use. Upon termination, your right to use the services offered to you as a Registered User shall immediately cease.  If you, the User, elect to terminate your registered account, any rights granted to you herein will immediately cease. Sections 2-10 of these Terms of Use will remain in force post termination.


The Right Five reserves the right at any time, and in our sole discretion, to revise, update or change these Terms of Use. We will strive to inform Registered Users about any material changes, decided by our sole discretion, of the Terms of Use and we will endeavor to provide reasonable advance notice of any proposed changes.
We may at any time, and in our own discretion without notice, update, change or reorganize the Website or Platform. As a Registered User you acknowledge and accept to be covered at all times by the current Terms of Use. Any revision, update or change of the Terms of Use will be stated on the Website together with a date of the revision. All Users agree that the continued use of the Website and Platform after a newly posted version of the Terms of Use is an acceptance of those new Terms of Use, and they agree to be bound by them.
Users agree that the use of our Website and Platform under these Terms of Use does not constitute the establishment of any formal relationship between us including, but not limited to, creating any agency, partnership or other form of joint enterprise or venture.  Any such establishment of a formal relationship will be subject to a separate agreement between you and us.
Any failure on our part to enforce any provision contained in these Terms of Use shall not affect any of our rights to require any future compliance thereafter, nor should any waiver of a breach of any provision on our part be construed as a waiver of the provision itself. You may not reassign any rights granted to you as a Registered User under these Terms of Use.
If it is discovered or deemed that any of the provisions contained within the Terms of Use are unlawful or without effect and subsequently unenforceable, this will not have any effect on the applicability and enforcement of the remaining provisions of the Terms of Use.
You acknowledge and agree that these Terms of Use constitute the full and exclusive agreement between you and The Right Five concerning your use of the Website and Platform and supplant and govern any previous agreements or other communications you may have had with us.


The Terms of Use contained herein and the relationship between you, the User, and us, The Right Five are governed by the laws of the State of Colorado, without regard to the conflicts of law provisions. Any disputes must be brought exclusively in the state or federal courts located in Colorado, and the parties hereby consent to the exclusive jurisdiction of such courts.


The content of the Website and the Platform is protected by copyright vested in The Right Five. Reproduction of part or all of the Website or the Platform is prohibited, other than in accordance with these Terms of Use. All rights are reserved.
The Right Five adopts a policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) and will remove any Content that it considers, in good faith, to be copyrighted material rightfully owned by another third-party, where such use has not been authorized.


If you require contact with us in respect of any comments, questions or other matters about any of this Terms of Use policy, or any other issues relating to the use of our Website or Platform, please use the following contact details:

The Right Five
485 South Logan Street Apt 6
Denver CO 80209

Email: support@TheRightFive.com