January 09, 2023
If you are a Customer (as defined in the MSA), then please review our Master Subscription Agreement, as those terms apply to you, and are incorporated by reference into your Order Form, together with any references therein. In the event that you subscribed to the 15Five Materials directly online, the Master Service Agreement also applies to You and any reference to an Order Form therein will also mean to include a copy of your most recent invoice available in the admin portal of your 15Five account. Furthermore, if a Customer licenses the 15Five Materials online, then acceptance of the Master Subscription Agreement terms shall be reflected upon acceptance of the MSA terms in the registration process. A copy of the Master Subscription Agreement can be found here: Master Subscription Agreement.
A copy of the SUPPLEMENTAL AI TERMS can be found here: Supplemental AI Terms
Website Visitor & End User License Agreement
By clicking “I accept” or “I agree”, accessing the 15Five.com website as a guest or User, or using the 15Five Materials (defined below), you are entering into this End User License Agreement (“EULA”), which is a binding contract with 15Five, Inc. for the benefit of itself and its affiliates (collectively, “we,” “us,” “our”, “ours” or “15Five”).
This EULA sets out the terms for the 15Five website, 15Five mobile application(s), or any other websites, applications, or online services that link to these terms (collectively the “15Five Materials”). 15Five owns the 15Five Materials.
It is important to us that the 15Five Materials provide you with a helpful and reliable experience. To protect our rights and yours, this EULA governs all uses of the 15Five Materials by any User. These terms, to the extent applicable, also apply to Customers and are incorporated by reference into the MSA. Access or use of the 15Five Materials for which you have registered or enrolled constitutes acceptance of this EULA as a binding agreement. By using the 15Five Materials, you represent that you: (1) have read and understood the terms of this EULA; (2) agree to use the 15Five Materials in compliance with applicable laws and the terms of this EULA; and (3) are an User (as defined below). You may not use the 15Five Materials if you do not agree with the EULA or if you are not an User.
If you have any questions about how to use the 15Five Materials, please contact us at: [email protected].
The section headings contained below are for your convenience only, and do not have any legal meaning or effect. Capitalized terms used in this EULA have specific meanings, and are defined below.
Effective Date: January 1, 2023
- Data Privacy, Collection, & Use
- We May Occasionally Need to Change the Terms of This EULA
15Five reserves the right to revise and update this EULA from time to time in its sole discretion. All changes are effective immediately when 15Five posts them. You are responsible for reviewing this EULA at the time you access the Website and/or 15Five Materials. Your continued use of the Website and/or 15Five Materials following the posting of a revised EULA means that you accept and agree to the changes. If you have any questions about this EULA, please contact us at [email protected].
- What We Mean by The “15Five Materials”
This 15Five website, 15Five mobile application(s), or any other websites, applications, or online services that link to this EULA and any and all 15Five Content (defined below), wherever they may be found and the 15Five Content in the 15Five Materials is owned by 15Five (collectively the “15Five Materials”). The 15Five Materials may be delivered to you through the Internet via your browser or app (mobile or otherwise). The 15Five Materials may be provided directly by 15Five or accessed through a third-party integration with accounts managed by your employer or an integrated third-party service provider (“Third-Party Service”). The 15Five Materials may link to or provide options to access third-party websites or applications. For purposes of this EULA, the 15Five Content means all information, data, images, graphics, tags, video, music, sound, user interfaces, visual interfaces, photographs, logos, artwork, activities, assessments, printables, pictures, animation, characters, audio clips, trademarks, trade names, service marks, text, messages, and/or computer code displayed on or available through the 15Five Materials; the design, layout, look, feel, appearance, structure, selection, coordination, expression, arrangement and graphics of such materials, all materials and other items relating to the 15Five Materials, the Subscriptions and the 15Five products; and any and all other forms of intellectual property.
Wireless Features. Use of mobile applications to access the 15Five Materials requires usage of data and messaging services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees, messaging fees and any other fees that your wireless service carrier may charge in connection with your use of the 15Five Materials.
- Who Is Authorized to Use the 15Five Materials?
The 15Five Materials are available only to individuals, including but not limited to administrators or employees of Customers (defined below) , who have gained lawful access to the 15Five Materials directly from the Customer (defined below) with which such individual is affiliated (each an “User”). For purposes of this EULA, a Customer is defined as the employer, company, or other institution that purchases the 15Five Materials for the benefit of Users.
Users are individual, named, persons of legal age who can enter into a contract in the state or country in which the User resides and in no case, is under the age of 18. By purchasing a subscription to, registering for, or using the 15Five Materials as an User, you represent and warrant that (i) you are an Adult (according to the rules of the country where you are located), and (ii) that you will access the 15Five Materials in accordance with this EULA.
You agree to provide accurate and truthful information when creating a User Account and to promptly update such information should it change.
You may not self-register for or otherwise access the 15Five Materials if you are under the age of 18.
You understand and acknowledge that the administrators associated with your purchasing Customer or a Third-Party Service may have access to your User Account and may suspend, modify or terminate your User Account and/or your access to the 15Five Materials at any time and for any reason.
- Please Keep Your Account Credentials Secret & Safe
Your User Account is for your personal use only. Unless we provide an approved mechanism for such use, allowing others to access or use the 15Five Materials through your User Account is strictly prohibited and you are responsible for all uses of the 15Five Materials associated with your User Account, whether the use is made by you personally or by a third party.
In order to protect the security of your Account Credentials and the 15Five Materials, it is important that you maintain the confidentiality of your Account Credentials. You agree not to: (1) use Account Credentials other than your own; or (2) to disclose your Account Credentials to any third party or service. You agree to take reasonable steps to protect the secrecy of your Account Credentials and immediately notify Us at 15Five Support of any known or suspected loss, disclosure, or theft of your Account Credentials in connection with the 15Five Materials.
- 15Five Owns the Content
The 15Five Materials, including the 15Five Content, are the exclusive property of 15Five, Inc. its affiliates, and/or licensors and are protected by U.S. and international copyright and other intellectual property laws. 15Five owns all legal rights, title, and interest in and to the 15Five Materials, including any intellectual property rights, whether those rights are registered or not, and wherever in the world those rights may exist. All rights not expressly granted herein are reserved. Except as may be set forth in this EULA, the reproduction, redistribution, modification, publication, or adaptation of the 15Five Materials, in whole or in part, without the express written consent of 15Five and/or its licensors is strictly prohibited. The 15Five Materials may allow you to copy or download certain Materials, but please remember that the availability of this functionality does not mean that the above restrictions do not apply.
Unless otherwise indicated, trademarks, service marks and trade names (collectively “Marks”) that appear on the 15Five Materials are the property of 15Five or its licensors. Any trademarks not owned by 15Five that appear in the 15Five Materials are the property of their respective owners. The owners of the respective Marks own all legal rights, title, and interest in and to the Marks, including any intellectual property rights, whether those rights are registered or not, and wherever in the world those rights may exist. You agree not to misuse, obscure, or disparage any Marks associated with the 15Five Materials or use the Marks (or any confusingly similar marks) in such a way that would misrepresent the ownership of the Marks or otherwise confuse the public as to the source or origin of any products or services. You should not use any Mark without obtaining the written consent of the Mark owner, using appropriate notice and attribution of the owner’s trademark rights, and using the Marks in accordance with applicable usage guidelines as provided by a Mark’s respective owner. Any such permitted use of the Marks by you shall be to the benefit of the respective Mark owner.
- Your License to Use the 15Five Materials
Except as expressly permitted in this EULA or with the prior written consent by 15Five, no part of the 15Five Materials may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, sold, licensed, or otherwise used for any reason whatsoever. If you are not sure whether your proposed use of the 15Five Materials will violate any terms of this EULA, just ask us at: [email protected].
All rights not specifically granted herein are reserved by 15Five and/or its licensors. You acknowledge that the license granted under this EULA does not provide you with title to or ownership of the 15Five Materials, but only a right of limited use subject to the terms and conditions of this EULA and any additional applicable documentation.
You are responsible for meeting the then-current hardware, operating system, Internet browser and other technical requirements necessary to properly use and access the 15Five Materials.
15Five reserves the right to modify or discontinue the 15Five Materials or any version(s) thereof at any time in its sole discretion, with or without notice.
- Prohibited Uses of the 15Five Content and 15Five Materials
Except as you may be expressly permitted by this EULA and the functionality of the 15Five Materials, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer, or redistribute any 15Five Content in any form, format, or media or by any means without obtaining the prior written authorization of 15Five and/or its licensors (“Prohibited Uses of 15Five Content”). Without limiting this restriction, you acknowledge that the Prohibited Uses constitutes a material breach of the terms of this EULA.
Additionally, You are expressly prohibited from any conduct that: (1) threatens the security, integrity, or availability of the 15Five Materials; (2) provides or facilitates access to the 15Five Materials by unauthorized users or services; and/or (3) results in prohibited duplication, transmission, or exposure of the 15Five Materials, or User Content (as defined below) associated with the 15Five Materials. You represent and agree that you shall not use the 15Five Materials in violation of this EULA, any applicable local, state, national, or international law or regulation, and/or the internal policies of your purchasing Customer. You further agree that you will not use the 15Five Materials in a manner which threatens the security, stability, or integrity of the services or networks connected to the 15Five Materials (“Service Network”). Without limiting the foregoing, you acknowledge that the following Prohibited Uses of 15Five Materials (“Prohibited Uses of 15Five Materials”) are specifically prohibited under the terms of this EULA in the absence of written permission and that any such Prohibited Uses of 15Five Materials constitutes a material breach of the terms of this EULA:
- perform or facilitate any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, any end user any “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other like form of solicitation;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; including using another person’s Account Credentials (including passwords) or making your User Account or Account Credentials available for use by others; or, share accounts;
- assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, or pledge as security or otherwise encumber, your rights under this EULA;
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the 15Five Materials, any data or content found on or accessed through the 15Five Materials, or any other 15Five Materials without Our prior written consent; and, you further agree not to bypass any robot exclusion measures that may be in place within the 15Five Materials to prevent the actions listed above;
- perform or facilitate any act which, directly or indirectly, causes to be transmitted to, uploaded or downloaded by, the 15Five Materials any viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the 15Five Materials;
- violate any measure employed to limit or prevent access to the 15Five Materials or otherwise obtain or attempt to obtain through any means any content, functionality, or other information which has not been intentionally made available to you either by visible display on the 15Five Materials or access through a visible link on the 15Five Materials;
- decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the 15Five Materials are compiled or interpreted, and you acknowledge that nothing in this EULA or other agreement between you and Us will be construed to grant you any right to obtain or use such code;
- create any derivative product from or of the foregoing 15Five Materials, without our prior consent;
- remove any title, trademark, copyright, or restricted rights notices or labels from the 15Five Materials or related documentation;
- attempt, in any manner to gain unauthorized access to the Service Network, obtain the password, Account Credentials, or other security information from, or of, any other User, or otherwise violate the security of the Service Network or access encrypted codes;
- interfere with or disrupt (or attempt to interfere with or disrupt) the proper working of the 15Five Materials or Service Network, or violate any requirements, procedures, policies or regulations of the Service Network;
- take or attempt any action that, in Our absolute discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Service Network, disrupts the normal flow of data, or threatens the stability of the 15Five Materials or Service Network;
- use the 15Five Materials in any way that could damage, disable, interfere with any other party’s use of them;
- access the 15Five Materials in order to build a similar or competitive website, product, or service or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- permit direct or indirect access to or use of the 15Five Materials in a way that circumvents applicable laws or promotes hate and bigotry, act(s) of violence or terrorism, or commission(s) of crimes or illegal activities; or
- engage in any conduct which, in Our (or its licensors, as applicable) sole and absolute discretion, diminishes the commercial value of the 15Five Materials, infringes any proprietary rights in the 15Five Materials or otherwise violates this EULA.
We take privacy seriously. As such, if you (or in the case of a Customer) as administrator learn that the Users are sharing accounts, you must notify the user that they are not to share accounts or passwords. If the User continues to share their account or password with a third-party, you must notify us at [email protected] within twenty-four (24) hours.
15Five reserves the right, at its sole discretion, to suspend or terminate access to and use of the 15Five Materials with respect to any user that 15Five reasonably believes has undertaken, or participated in, any of the foregoing activities, violated the terms of this EULA, or whose actions have, or are likely to, otherwise cause harm to 15Five, the 15Five Materials, the Service Network, or other users, or for any other reason at the sole and absolute discretion of 15Five. Additionally, 15Five may suspend or terminate your access at any time at the request of your purchasing Customer.
- You May Upload Only Certain Content to the 15Five Materials
The 15Five Materials may provide functionalities for Users to create, upload, or post questions, responses, comments, ideas, articles, information, data, text, multimedia content, chat conversations or logs, messages, and other materials or submissions (“User Content”). Under no circumstances will 15Five (or its licensors) become liable for any payment to you for any information that you provide. You may only post User Content that is your own original work or for which you have obtained the necessary rights or permissions for reproduction and public display through the 15Five Materials, and which includes any applicable ownership or attribution notices.
Except as expressly set forth in this EULA, you shall retain all rights, including intellectual property rights, for User Content that you create within the 15Five Materials, unless you sign a separate agreement with Us. You are solely responsible for User Content that you post (or in the case of a Customer, for User Content that is posted by your employees, agents, members, contractors, or representatives) on the 15Five Materials and agree not to create, post, upload, or link to any Prohibited User Content (as defined below). 15Five does not pre-screen User Content and assumes no responsibility for User Content, nor does it guarantee the accuracy, integrity or quality of such User-Generated Content. The views and opinions expressed in any User Content do not necessarily reflect those of 15Five or Our licensors. we have the right (but not the obligation), in Our sole discretion, to monitor, refuse to post or otherwise distribute, or remove any User Content for any reason and to terminate your access to the 15Five Materials to prevent further posting or distribution of Prohibited User Content. If you discover any Prohibited User Content and would like to inform us, please contact us at [email protected].
- How We’ll Use the Content You Upload
By creating, posting, uploading, or linking User Content, you grant Us a limited, royalty-free, worldwide, transferable, sublicensable right and license to use, host, license, store, reproduce, display, transmit, adapt, publish, modify, copy and distribute such User Content and any derivative works created from such User Content (such as those resulting from changes we make so that your User Content works better with the 15Five Materials) in any media formats and through any media channels in connection with the 15Five Materials for the length of time that your purchasing Customer licensed the 15Five Materials (and any renewals of same).
You hereby acknowledge that you may be exposed to content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the 15Five Materials, and further acknowledge that We do not have any obligation to monitor such content for any purpose (though we may choose to do so).
You acknowledge that all posted User Content is stored on and made available through the 15Five Materials by 15Five’s servers and not on your device. You understand that all User Content is provided to you through the 15Five Materials only on an “as-available” basis and we do not guarantee that the availability of the User Content will be uninterrupted or error free. We shall not be responsible or liable for the deletion, destruction, damage, loss, or failure to store any User Content. It is your responsibility to maintain appropriate alternate backup of your User Content.
- You Are Prohibited from Uploading This Type of Content
You will, at all times, comply with all applicable local, state, federal, and foreign laws in using the 15Five Materials. You agree that you will not (directly or through others) contribute, create, upload, post, link to, or otherwise cause the distribution of any content listed below (“Prohibited User Content”) or use the 15Five Materials in any manner that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, offensive, vulgar, obscene, libelous, pornographic, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, in violation of the rules or policies of the Customer, would give rise to a criminal offense, or in violation of any applicable local, state, federal, and foreign laws;
- infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or which you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- jeopardizes the security, availability, or integrity of the 15Five Materials or cause harm to any user and his or her property through the use of malicious code or other contaminating or destructive devices;
- transmits advertising material and/or any unsolicited or unauthorized promotional materials, junk mail, SPAM, chain letters, or any other form solicitation in violation of any applicable rules, regulations, or laws or otherwise interferes with the proper working of the 15Five Materials or Service Network; or
- otherwise violates the terms of this EULA.
- User Suggestions Will Be Owned by Us
We always welcome suggestions and comments regarding the 15Five Materials. Suggested improvements, additions, or other comments may be submitted by you to Us, whether through the 15Five Materials, online, offline, verbally, or in writing (“User Suggestions”). Regardless of the manner of submission, you hereby acknowledge that all right, title, and interest and any other intellectual property rights in the User Suggestions shall become the exclusive property of Ours and may be used for Our business purposes at Our sole and absolute discretion without any payment or accounting to you. This policy is intended to avoid the possibility of future misunderstandings when products and services developed by Us might seem to others to be similar to their own submissions or comments.
- Access to Third-Party Websites & Content Is at Your Own Risk
- Availability of the 15Five Materials
The scope and availability of the 15Five Materials may vary according to: (1) additional terms presented at the time of purchase or registration; (2) enrollment in or registration for a specific Service; and/or (3) any licensing terms between Us and your purchasing employer. We are not responsible for limitations of access resulting from any Third-Party Service or as the result of certain account settings established by your purchasing employer.
You are responsible for obtaining Internet access in order to use the 15Five Materials. You may access the 15Five Materials only for the duration of the subscription purchased (“Subscription”) whether or not the 15Five Materials are used, and subject to Our right to terminate access under this EULA. Pursuant to the agreement we may have with your purchasing employer, access may be provided for a different time period.
While We make reasonable efforts to ensure the availability of the 15Five Materials to Users with active Subscriptions, the 15Five Materials may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance or factors beyond Our control, such as disruptions of Internet services or unforeseen threats to the integrity or security of the 15Five Materials.
We may at any time, with or without notice to you, restrict the use and accessibility of the 15Five Materials and/or discontinue any portion, feature, or content of the 15Five Materials. We may update the content on or service provided via this Website from time to time. You acknowledge that the content and services are not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material unless specifically provided.
- Terminating Your Subscription & Access to the 15Five Materials
Termination by Us. We may, in our sole discretion, and with or without advance notice, suspend your access to all or any part of the 15Five Materials, or terminate your rights to use the 15Five Materials, for any conduct or use (whether by you or anyone else having access to the 15Five Materials under your user account) that we reasonably believe violates this EULA.
Effect of Termination. Whether termination is initiated by your purchasing employer or Us, Sections 9, 10, 12, 14, 17-22, and 26 of this EULA shall survive any such termination. Any User Account information, data, settings or specifications, or customizations of the 15Five Materials or Subscription specific to your User Account may be permanently lost upon termination of a Service or Subscription, whether by Us or your purchasing employer. User Content and other user information associated with your use of the 15Five Materials may still be accessible by your purchasing employer.
- Your Exclusive Remedies Under This EULA
Our entire liability to you, and your sole and exclusive remedy, regarding the use of the 15Five Materials shall be the restoration of access to the 15Five Materials to which you have subscribed.
- The 15Five Materials Come with No Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE 15FIVE MATERIALS IS AT YOUR OWN RISK. THE 15FIVE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (2) YOU HAVE NOT RELIED ON ANY STATEMENT, INFORMATION, OR ADVICE FROM OUR REPRESENTATIVES THAT WOULD BE DEEMED TO BE A WARRANTY OF THESE 15FIVE MATERIALS OR FORM THE BASIS FOR ANY LIABILITY OF US; AND (3) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR LICENSORS AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING THOSE CREATED BY COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE, AND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER WE NOR OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY THAT: (1) THE 15FIVE MATERIALS OR YOUR USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 15FIVE MATERIALS WILL BE ACCURATE OR RELIABLE; (3) THE 15FIVE MATERIALS WILL MEET YOUR REQUIREMENTS; OR (4) THE 15FIVE MATERIALS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHERMORE, YOU UNDERSTAND THAT YOUR USE OF THE 15FIVE MATERIALS ARE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES AND FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT FROM THE 15FIVE MATERIALS. WE DO NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, PERFORMANCE, COMPLETENESS, OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED BY THE 15FIVE MATERIALS. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT GUARANTY OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE 15FIVE MATERIALS WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, LOSS OR REMOVAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Our Liability to You Is Limited
IN NO EVENT SHALL WE OR OUR EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND — INCLUDING, WITHOUT LIMITATION ANY CLAIMS OR DAMAGES BASED ON YOUR USE OF OR INABILITY TO USE THE 15FIVE MATERIALS, ANY THIRD-PARTY WEBSITES, OR APPLICATIONS ACCESSED THROUGH THE 15FIVE MATERIALS, DAMAGE TO PROPERTY, THIRD-PARTY CLAIMS, LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, LOSSES CAUSED BY YOUR RELIANCE ON ANY CONTENT OR INFORMATION PROVIDED THROUGH THE 15FIVE MATERIALS, AND/OR ANY OTHER LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE 15FIVE MATERIALS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE 15FIVE MATERIALS, OR WITH ANY OF THE TERMS OF THIS EULA, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND THE 15FIVE MATERIALS. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND/OR IF ANY OF THE LIMITED REMEDIES IN THIS EULA FAIL THEIR ESSENTIAL PURPOSE.
NO ACTION, REGARDLESS OF FORM, ARISING UNDER THIS EULA MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE FACTS SUPPORTING THE CAUSE OF ACTION HAVE BECOME KNOWN, OR REASONABLY SHOULD HAVE BECOME KNOWN, TO YOU. NOTHING IN THIS EULA IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND IN SUCH INSTANCES OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
- You Are Responsible for Any Damage You Cause Us
As a condition of your use of the 15Five Materials, you warrant and represent to Us that you are an Authorized User and will not use the 15Five Materials for any purpose that is unlawful or prohibited by this EULA. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless 15Five and Our employees, officers, agents, contractors, and licensors and their respective directors, officers, employees, and agents from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys’ fees (any of the foregoing, a “Claim”), arising out of or relating to your use or misuse of the 15Five Materials, including but not limited to your breach of the terms in this EULA, or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity.
- If We Get into a Dispute, These Are the Laws That Will Apply & the Courts Where Claims May Be Brought
You agree that this EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and that any and all actions, disputes or controversies relating to this EULA or your use of the 15Five Materials (each a “Claim”) shall be subject to the terms of this provision.
You: (1) submit to the personal and exclusive jurisdiction and venue of the courts located within the County of San Francisco, State of California with respect to any Claim; and (2) agree that any Claim will be governed by and construed subject to the laws of the State of California, without giving effect to its conflict of law principles.
- You Agree to Comply with Export Laws
Your use of 15Five Materials and related technology are subject to U.S. or international control or export laws and regulations (“Export Laws”). Without limitation, you agree to strictly comply with all such Export Laws and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the 15Five Materials and related technology, as may be required. You represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree not to transfer, directly or indirectly, by electronic means or otherwise, any 15Five Materials to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or otherwise restricts such exports. You will indemnify and hold 15Five harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including, but not limited to, attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
- How to Submit a DMCA Notice
If you have any copyright concerns about any materials posted on the 15Five Materials by others, or otherwise want to report inappropriate content on the 15Five Materials, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. Section 512). Unless otherwise stated in any specific DMCA designation provided by Us, please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:
DMCA Designated Agent
3053 Fillmore St., #279
San Francisco, CA 94123
Email: [email protected]
If you are a copyright owner or authorized agent of a copyright owner and believe in good faith that copyrighted work has been copied, adapted, reproduced, or exhibited through the 15Five Materials in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to our Designated Agent. To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit 15Five to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the 15Five Materials (“Infringing Material”), and information reasonably sufficient to permit 15Five to locate such material on the 15Five Materials;
- Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the 15Five Materials are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and, under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- How to Report other Prohibited Content
15Five also encourages you to report any Prohibited User Content to [email protected]. To ensure 15Five can quickly respond to the issue, your email should include: name of the user who shared the Prohibited User Content with you; the email address associated with the user who shared that content with you; the date and time the content was shared with you; a description of the content in question and the basis upon which you believe the content is prohibited or otherwise inappropriate; and the contact information through which 15Five may best reach you if you are willing to further assist 15Five in its investigation.
- A Few Additional, Miscellaneous Terms
This EULA is personal to you, and you may not assign, transfer or delegate your User Account or your rights or obligations under this EULA to anyone. 15Five may assign or delegate its rights or obligations under this EULA, in whole or in part, subject to Our rights and obligations under this EULA and any agreement it may have with your purchasing employer. In the event that any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of this EULA shall remain valid and enforceable according to its terms. This EULA is the entire agreement between 15Five and you with respect to the 15Five Materials and cannot be modified by you absent a signed written agreement. Section headings in this EULA are for your convenience only and do not have any legal meaning or effect. If 15Five waives or fails to enforce any term or condition of this EULA on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce such terms will not prevent 15Five from enforcing any terms or condition of this EULA at any other time. It is the express wish of the parties that this EULA and all related documents be drawn up in English.