- Permissible Use.You agree to use the Goods and Services for your personal use, and your commercial use is limited to transactions done on your own behalf individually or as a career coach. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Goods and Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Goods and Services.
- Restrictions and Additional Terms.You agree not to remove or modify any copyright or other intellectual property notices that appear in the Goods and Services. Further:
b. Automated Queries.Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Goods and Services) are strictly prohibited in the use of Goods and Services, unless you have received express written permission from Company. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Goods and Services and provide an index with links to the Goods and Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
- Linked Materials and Third-Party Materials. The Goods and Services may include links to third-party products, Goods and Services and Web sites, as well as materials provided by third parties. Company does not endorse, and takes no responsibility for such products, Goods and Services, Web sites, and materials. You understand that Company has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Goods and Services. Your dealings with any third party arising in connection with your use of the Goods and Services are solely between you and such third party, and Company takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
- Claims of Copyright Infringement.Company respects the intellectual property rights of others, and asks that everyone using the Goods and Services do the same. Anyone who believes that their work has been reproduced on the Goods and Services in a way that constitutes copyright infringement may notify Company’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Goods and Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
The Five O’Clock Club
45 West 34th Street, Suite 1111
New York, New York 10001
Attention: Copyright Agent
By e-mail: [email protected]
If you give notice of copyright infringement by e-mail, Company’s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
- Intellectual Property.All Goods and Services are the property of Company, and subject to the intellectual property rights of Company and its licensors. This entire website and its contents are ©2016 The Five O’Clock Club, Inc. All rights reserved. Weiss View and others are trademarks of Company in the United States and/or other countries. You may not use any of Company’s trademarks as part of your screen name or email address on the Goods and Services.
- NO WARRANTY.COMPANY PROVIDES THE GOODS AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
- Release. You release Company, its affiliates, and their respective managers, members, directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Goods and Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
— Updated May 2016