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.
1. SERVICES ON THE WEBSITE AND PLATFORM
Registering as a User:
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.
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.
2. USER GENERATED CONTENT
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;
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.
3. GENERAL TERMS
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.
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.
4. LINKS TO OTHER WEBSITES
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.
5. LIMITATION OF LIABILITY
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.
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.
9. GOVERNING LAW
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.
11. CONTACT DETAILS
The Right Five
485 South Logan Street Apt 6
Denver CO 80209