3. 5QLive Services – What are the 5QLive Services?
3. Video Content and Services – How and when do you record videos?
4. Pricing, Payments, and Billing – How and when will I be billed for 5QLive Services?
5. Customer Conduct
6. Objectionable Content – What if I find content to be objectionable?
7. Intellectual Property
8. DMCA Policy
9. Reserved for Future Use
10. Resale of Services
12. Disclaimer of Warranties
13. Third Party Links and Products
14. Limitations of Liability
15. Exclusions and Limitations
17. General Terms
“5QLive Services” means the suite of features, products
“5QLive Customer” means any person who uses or has used 5QLive Services including, but not limited to, Employer Customers, Job Seeker Customers, and Staffing Customers.
“5QLive Content” means any Content excluding Customer Content and Video Content in which 5QLive does not participate.
“5QLive Account” means an account associated with a 5QLive Customer who uses or has used 5QLive Services.
“Software” means any necessary software used in connection with the 5QLive Services.
“Profile Video” means a promotional video created by a Job Seeker Customer to promote themselves as a candidate employee and/or independent contractor. It is not an interview. The Job Seeker Customer completes this independently and on their own.
“Job Seeker Customer” means an individual using 5QLive Services who is seeking to be employed as an employee or independent contractor by an employer.
“Employer Customer” means an entity using 5QLive Services that is seeking to hire an individual as an employee and/or independent contractor to be employed by it directly.
“Customer Content” means any Content uploaded to and/or created through the 5QLive Services by a 5QLive Customer.
“Content” means all material, whether publicly posted or privately transmitted, available on or through any of the 5QLive Services.
“Consumer” means any individual or entity that uses any of the 5QLive Services. Where applicable, the term “Consumer” shall encompass all 5QLive Customers.
“App Services” means any content and services provided by 5QLive through its Apps.
“Apps” means any applications developed by 5QLive.
“Account” means “5QLive Account.”
and services offered through 5QLive, its Apps, its App Services, the Website, and the Website Services.
“5QLive Trademarks” means any trademarks, tradenames, logos, and other commercial designs of 5QLive or licensed to 5QLive, whether or not formal registration exists including, but not limited to, “5QLive.”
“Staffing Clients” means third-party employer clients of Staffing Customers.
“Staffing Customer” means a staffing company using 5QLive Services that provides staffing services to their own Staffing Clients.
“Strategic Partners” means those trusted partners that 5QLive employs, engages, or retains to perform functions and/or provide services on its behalf.
“Sub Accounts” means subsidiary accounts created for or by an Employer Customer or Staffing Customer (“such as a consultant group or employer”) under its primary account.
“Username” means the valid email address provided by each 5QLive Customer to be used as their username or login identification.
“Video Content” means any video content created by or associated with any 5QLive Customer accessible on and through 5QLive Services including, but not limited to, Profile Videos, Video Questions, Video Interviews, and Welcome Videos.
“Video Interview” means an interview completed through 5QLive Services using a video or “web” camera that an Employer Customer or Staffing Customer requests a Job Seeker Customer complete. A Video Interview may involve a Job Seeker Customer alone or with other participants from an Employer Customer or Staffing Customer. A Video Interview may be pre-recorded by a Job Seeker in response to questions or occurlive at which time it would be recorded.
“Video Question” means a question recorded in video and audio that can be sent topotential employee and independent contractor candidates by an Employer Customer or Staffing Customer.
“Website” means all of the content, informationand services (in any format whatsoever) accessible through the World Wide Web at the domain name 5qlive.com.
“Website Services” means the services provided by 5QLive through the website at the domain name 5qlive.com, hire.li, and any of our other websites that may be used from time to time.
(C) As otherwise required by law.
3. 5QLive Services.
3.1 5QLive provides
Internet based services through which employers and staffing companies seeking employees and independent contractors can efficiently and effectively review and interview candidates.
3.2 5QLive provides 5QLive Services through its Apps and Website, and allother suite of features, products and services offered through 5QLive from time to time.
3.3 5QLive will not sell any Video Content to any third party.
3.4 Video Content and Services.
5QLive provides its 5QLive Customers a variety of video options and tools to use in association with the 5QLive Services. As an Employer Customer, you can create Welcome Videos, Video Interviews, and Video Questions.
A Welcome Video is a promotional video you create to promote your company to a potential employee and/or independent contractor candidate. It is not an interview.
You can create a Welcome Video through 5QLive Services using your webcam and microphone. Alternatively, you can embed a video you previously created and use it as your Welcome Video.
If you choose to create and publish a Welcome Video using your webcam and microphone through 5QLive Services, you authorize 5QLive to record the Welcome Video and publish it on 5QLive as part of branding for your account. So long as the Welcome Video remains in your account, Job Seeker Customers can view your Welcome Video if (a) the Job Seeker Customer interviews for a specific position and (b) the Welcome Video has been connected to that specific position. You can delete or re-record a Welcome Video at any time.
Depending on your account, you may create more than one Welcome Video.
5QLive offers three ways in which job prospects can provide you with video interviews. All of the video interviews created through 5QLive Services for you remain confidential.
A One-Way Interview involves a job candidate recording video answers to your questions on their own time through 5QLive Services.
An Open Interview is similar to a One-Way Interview except that you can send your candidates a link through which they can self-register for the Open Interview. .
Apart from 5QLive, only you and those you have authorized to use your Sub
5QLive will not share or provide access to your Interviews to any third party absent a subpoena or court order. And, should 5QLive ever be subpoenaed for content associated with your Account, 5QLive shall provide you notice and an opportunity to file a motion objecting to any disclosure.
Given you will be using 5QLive Services foremployment related purposes, you agree not to use any content or information obtained in any Video Interview in violation of any applicable laws. 5QLive cannot advise you or provide you guidance on these laws.
Job Seekers are expressly prohibited from creating their own recordings of Video Interviews. 5QLive employs reasonable measures to prevent any unauthorized recording of Video Interviews.
In addition to Video Interviews, Job Seeker Customers will be able to produce Profile Videos for targeted Employer Customers and Staffing Customers to view.
5QLive may add additional types of video content from time to time.
3.5 No Guarantees of Employment
5QLive is not an employment agency. 5QLive does not make any representations as to the qualifications of any individual, entity or employer.
Additionally, where an individual, entity, group or employer successfully secures employment, 5QLive makes no guarantees or representations as to the satisfaction of such employment.
Additionally, 5QLive does not guarantee that any individual or entity will find employment or an employee through 5QLive Services.
4. Pricing, Payments, and Billing
4.1 Pricing. 5QLive reserves the right to change the prices for any of the 5QLive Services including, but not limited to, any prices associated with subscription service plans at any time. Should 5QLive change any pricing, 5QLive shall provide its existing 5QLive Customers with at least thirty (30) days notice consistent with Section 17.17.
4.2 Method of Payments. To purchase 5QLive Services, you must provide 5QLive with a valid credit card or debit card information. 5QLive presently accepts payments from 5QLive Customers using a secure connection. 5QLive reserves the right to choose the forms of payment accepted for 5QLive Services, to refuse select forms of payment, to refuse service to anyone, and to add or remove particular third parties from whom it will accept payments.
4.3 Advance Billing.
5QLive bills in advance for 5QLive Services on a recurring basis.
5QLive may, in its sole discretion, provide you with monthly, quarterly, semi-annual, and/or annual subscription service plans from which to choose, depending on your payment method, account history, and/or account preferences.
Should 5QLive provide you with a subscription service plan that encompasses more than one month (quarterly, semi-annual, or annual), 5QLive may, in its sole discretion, provide you the option to pay for the entire subscription service plan in one or multiple advance payments, depending on your payment method, account history, and/or account preferences.
By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize 5QLive to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen 5QLive Services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable subscription plan has concluded.
Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan.
4.4 Renewals. For the convenience of its 5QLive Customers, 5QLive automatically renews subscription plans.
4.5 No Refunds. 5QLive does not refund purchased services. Consequently, there will be no refunds for periods where 5QLive Services were unused should your account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans. Moreover, should you enter into a quarterly, semi-annual, or annual subscription plan wherein you make monthly payments, you agree to make monthly payments for the entire term of your subscription plan whether you use or cancel the 5QLive Services prior to the expiration of your subscription. Consequently, 5QLive cannot cancel or refund monthly payments associated with subscription plans.
4.6 Timing of Payments. Payments must be authorized and/or made at the time of purchase. Where you enter into a subscription plan with monthly or periodic payments, the payments will be made automatically in advance of each month or period.
4.7 Taxes and Other Excluded Fees. Payments for 5QLive Services do not include taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.
4.8 Insufficient Funds and Chargebacks. 5QLive processes all payments to it through a third party. Should your payments be cancelled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these third parties to you and/or 5QLive.
5QLive reserves the right to refuse its 5QLive Services to anyone should it believe that the 5QLive Services have been abused. For a non-exclusive list of what 5QLive considers abuse, you should refer to Section 5.7 above.
5.2 Accurate Information. You agree to provide 5QLive with true, accurate and current information as requested when registering for 5QLive Services and/or purchasing products from 5QLive.You shall be responsible for complying with all applicable regulations, statutes, laws and guidelines relating to hiring, interviewing, and recruiting employees as well as any matters related thereto.You hereby affirm that your organization is an equal opportunity employer, offering employment without regard to race, color, religion, sex, national origin, age, sexual orientation, disability, or citizenship unless legally required.5QLive Services shall be used for lawful purposes only.
5.3 At time of registration, you must provide certain information that identifies you to other 5QLive Customers. In doing so, you may not violate a third party’s intellectual property rights or use names that happen to be offensive or inappropriate.
5.5 You shall be solely and entirely responsible for any and all use of the 5QLive Services through your Account. Consequently, we recommend and require that:
(A) You not permit any other person to use your 5QLive Account, except for those authorized individuals provided with their own Sub Accounts;
(B) You do not assign or transfer your Account or its login information to any other person or entity;
(C) You promptly inform 5QLive of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a 5QLive Account or its login information.
5.6 Reserved for Future Use.
5.7 You agree that you shall not use 5QLive Services for any of the following:
5.7.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
5.7.2 Intentionally violating any intellectual property rights of a third party;
5.7.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
5.7.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by 5QLive in its sole discretion;
5.7.5 Posting or transmitting, or causing to be posted or transmitted, via the 5QLive Services any nudity;
5.7.6 Posting or transmitting, or causing to be posted or transmitted, via the 5QLive Services any spam;
5QLive maintains a strict policy forbidding any spam or misuse of email services within its 5QLive Services.
5.7.7 Posting or transmitting, or causing to be posted or transmitted, via 5QLive Services any materials advertising any business other than 5QLive;
5.7.8 Seeking to obtain private financial information from any Consumer;Additional and/or different rules may apply in the event 5QLive dedicates a special forum in the future to the promotion and/or offering of services by 5QLive Customers.
5.7.9 To impersonate any other person;
5.7.10 To provide any false information;
5.7.11 Registering or attempting to register an account with 5QLive without its express authorization after having been terminated or suspended by 5QLive for any reason; and/or
5.7.12 Attempting to interfere with 5QLive’s security measures.
5.8 Should you believe that a 5QLive Customer or person has violated any of the foregoing prohibited uses in 5.7, you should immediately notify 5QLive via [email protected]
5.10 You assume all liability for anything purchased using 5QLive Services through your Account, whether intended for you or for a third party.
5.11 Termination of Account.
5QLive is not responsible should an Account remain active if the cancellation procedure described above is not followed.
Upon cancellation, all of your Content may be deleted permanently. 5QLive shall not be responsible for the loss of any Content due to the cancellation (or termination) of a 5QLive Account.
for assistance. Upon doing so, the cancellation of your Account will take place promptly. To effectively cancel your Account, please contact us at [email protected]
5.12 Consequences of Termination.
Should your Account become terminated, 5QLive may, in our sole discretion and without liability to You, remove and discard any information associated with your account including, but not limited to, any Content or Customer Content.
Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination.
5QLive shall not be liable to you or any third-party for any termination of your Account or your use of the 5QLive Services.
Any 5QLive Customer whose Account has been terminated by 5QLive may not access the 5QLive Services without the prior express written permission of 5QLive.
5QLive may also refuse registration, terminate an account, and/or refuse 5QLive Services to any person who registers or attempts to register an account with 5QLive without authorization after having had an account previously suspended or terminated by 5QLive. In particular, should 5QLive identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.
5.13 Should the 5QLive Services become terminated globally for any reason, all 5QLive accounts shall be terminated immediately, without any prior notifications by 5QLive.
6. Objectionable Content.
5QLive is not responsible for any false, defamatory, libelous, or slanderous Content posted by its 5QLive Customers. If you believe any Content violates your rights or those of a third party in any way, you may contact 5QLive via [email protected]
7. Intellectual Property Rights
5QLive shall possess and retain all copyrights to content created by 5QLive (“5QLive Content”). 5QLive may use content obtained from
7.1 Software. 5QLive Services and any necessary software used in connection with the 5QLive Services (“Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. 5QLive or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by 5QLive or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
third party sources. All rights to such third party content remains with the owners of such third party content.
You shall possess and retain all interest in your Video Content. However, you may only download Video Interviews if you purchase an annual subscription. Otherwise, you will have access to your VideoInterviews, but cannot download them to your computers. Moreover, as stated elsewhere, any Video Content associated with an Account may be destroyed upon cancellation or termination of an account. 7.2 Copyright.
All copyrights in Customer Content shall remain with the applicable owners of such copyrights.
By using 5QLive Services, you provide 5QLive a license to use your Customer Content and Video Content for purposes of providing 5QLive Services in relation to your Account.
You agree to not use 5QLive Trademarks or any mark that is confusingly similar to such trademarks. Nothing on or through the 5QLive Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of 5QLive Trademarks. 5QLive reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.
For purposes of displaying your Account and content associated with it, you permit 5QLive to use your name and trademark, if applicable. You also allow 5QLive to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, 5QLive will remove your name and/or trademark except as necessary to continue providing you with 5QLive Services.
All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to 5QLive. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the 5QLive Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws
7.6 Unauthorized Access or Circumvention. As stated above, 5QLive takes the privacy of its 5QLive Customers very seriously. In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers. Should any person attempt to obtain or obtain unauthorized access to 5QLive servers and/or should any 5QLive Customer attempt to exceed or exceed his/her/its authorized access to 5QLive servers, 5QLive shall consider such conduct to violate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which provides for civil and criminal penalties. Additionally, depending on the circumstances, such conduct could also violate the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et eq. and the Stored Communications Act, 18 U.S.C. § 2701, et seq., both of which also provide for civil and criminal penalties. 5QLive considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct. Moreover, 5QLive shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as wilful cooperation in such conduct.
8. DMCA Policy
8.1 5QLive respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through 5QLive Services any materials that violate another party’s intellectual property rights. When 5QLive receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).
8.2 If you believe that any material on or through the 5QLive Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.
8.3 If you believe that your own copyrighted work is accessible on or through the 5QLive Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:
(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that 5QLive can locate the material;
(B). Identify the URL or other specific location on the Website or 5QLive Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;
(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
(D). Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf; and,
(F). Include your name, mailing address, telephone number and email address.
8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by mail, or E-Mail as set forth below:
02-01, 137 Market Street,
eMail: [email protected]
8.5 5QLive has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. 5QLive may also in its sole discretion limit access to the 5QLive Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
9. RESERVED FOR FUTURE USE
10. RESALE OF SERVICE
Unless otherwise agreed to in writing by 5QLive, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to 5QLive Services.
12. DISCLAIMER OF WARRANTIES
12.1 THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
12.2 5QLIVE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES:
THE ABILITY OF THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
ANY WARRANTIES OF NON-INFRINGEMENT; AND
ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF 5QLIVE IN THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES, OR ANY WARRANTY THAT THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
12.3 5QLIVE IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, 5QLIVE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.5 5QLIVE MAKES NO WARRANTY THAT THE APPS, WEBSITE, 5QLIVE SERVICES, AND/OR CONTENT THEREON WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.
12.6 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE 5QLIVE SERVICES, OR OTHER INTERACTION WITH THE 5QLIVE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE 5QLIVE SERVICES. WE DO NOT WARRANT THAT (i) THE 5QLIVE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE 5QLIVE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 5QLIVE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE 5QLIVE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
12.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES.
13. THIRD PARTY LINKS AND PRODUCTS
13.2 5QLIVE NEITHER
13.1 IN CONNECTION WITH THE 5QLIVE SERVICES, 5QLIVE MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.
13.3 5QLIVE IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR (E) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
13.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.
13.5 5QLIVE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
13.6 THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE THROUGH THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.
13.7 YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY 5QLIVE, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. 5QLIVE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.
14. LIMITATION OF LIABILITY
14.1 GENERAL TERMS. FOR EACH OF THE FOLLOWING LIMITATIONS OF LIABILITY, THE FOLLOWING TERMS SHALL APPLY:
14.1.2 “DAMAGES” SHALL INCLUDE ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND/OR ANY OTHER DAMAGES OR INTANGIBLE LOSS. THE TYPE OF DAMAGES TO WHICH THESE LIMITATIONS OF LIABILITY APPLY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF BUSINESS PROFITS OR LOST SAVINGS, LOSS TO GOODWILL, LOSS ARISING FROM BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, LEGAL FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, PARALEGAL FEES, AND OTHER COSTS AND EXPENSES), AND/OR ANY OTHER KIND OF DAMAGE OR LOSS.
14.1.3 “5QLIVE” SHALL MEAN 5QLIVE; ITS SUBSIDIARIES; AND, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.
14.1.4 “STRATEGIC PARTNERS” SHALL MEAN CO-BRANDERS, SUPPLIERS, VENDORS, AND OTHER PARTNERS USED BY 5QLIVE AS WELL AS THEIR SUBSIDIARIES, PARENTS, OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.
14.1.5 THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF WHETHER CAUSED BY 5QLIVE OR ANY PART OF 5QLIVE AS DEFINED ABOVE.
14.1.6 THESE LIMITATIONS OF LIABILITY APPLY TO ALL CLAIMS, CAUSES OF ACTION, AND/OR FORMS OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
14.1.7 THESE LIMITATIONS OF LIABILITY APPLY EVEN IF 5QLIVE WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES.
14.2 YOU AGREE THAT 5QLIVE AND ITS STRATEGIC PARTNERS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGES AS DEFINED ABOVE ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES.
14.3 YOU AGREE TO EXCUSE 5QLIVE AND AGREE THAT IT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILABILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURRENCES.
14.4 YOU AGREE THAT 5QLIVE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES. SIMILARLY, 5QLIVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULDUPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.
14.5 YOU AGREE THAT 5QLIVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH:
14.5.1 THE USE OF OR THE INABILITY TO USE THE 5QLIVE SERVICES;
14.5.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE 5QLIVE SERVICES;
14.5.3 UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA;
14.5.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE 5QLIVE SERVICES;
14.5.5 THE DISCLOSURE OF ANY PARTY’S IDENTITY OR IDENTIFYING INFORMATION;
14.5.7 ANY OTHER MATTER RELATING TO THE 5QLIVE SERVICES.
14.6 YOU AGREE THAT 5QLIVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE. WHERE ANY COURT OF COMPETENT JURISDICTION LIMITS THE ABILITY OF 5QLIVE TO DISCLAIM ANY DAMAGES, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT 5QLIVE SHALL BE LIABLE TO YOU FOR SHALL NOT EXCEED THEAMOUNT OF PAYMENTS YOU PAID TO 5QLIVE.
14.8 YOU AGREE THAT 5QLIVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY EMPLOYMENT RELATIONSHIP (WHETHER EMPLOYER-EMPLOYEE OR EMPLOYER-INDEPENDENT CONTRACTOR OR EMPLOYER-STAFFING COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE APPS, WEBSITE AND/OR 5QLIVE SERVICES.
14.9 YOU AGREE THAT 5QLIVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES. PARTICULARLY, 5QLIVE SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY CUSTOMER.
14.10 YOU AGREE THAT 5QLIVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES DELIVERED TO STAFFING CLIENTS. PARTICULARLY, 5QLIVE SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY STAFFING CLIENTS.
14.11 YOU AGREE THAT 5QLIVE AND ITS STRATEGIC PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION OF CONTENT; DEFECT; DELAY IN OPERATION OR TRANSMISSION; BUG; VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT, OR OTHER PROPERTY; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
14.11.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, BUGS, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, (2) THAT THE FUNCTIONS PERFORMED BY THE APPS, WEBSITE, AND/OR 5QLIVE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE 5QLIVE SERVICES WILL BE CORRECTED.
14.11.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE APPS, WEBSITE, AND 5QLIVE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
15.EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11, 12, 13, and 14 MAY NOT APPLY TO YOU.
16. RESERVED FOR FUTURE USE.
17. General Provisions
17.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with, your legal, tax, and financial advisors in connection with the execution and performance of the Agreement.
A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The arbitrator may award legal fees (including, but not limited to, attorneys’ fees, paralegal fees, etc.), expenses, and costs as part of the award.
Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney’s fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.
Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction.
17.7 Intentionally Omitted.
17.10 Legal Advice Not Provided. You acknowledge and agree that 5QLive has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations. You agree not to construe any 5QLive communications as legal advice.
17.14 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Apps, Website, and/or 5QLive Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Apps, Website, and/or 5QLive Services shall accrue on the first date of publication.
17.16.3 No employee, agent or representative, including without limitation a customer service representative, of
17.18 Restricted Locations.
The Apps, Website, and/or 5QLive Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Apps, Website, and/or 5QLive Services may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Apps, Website, and/or 5QLive Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
You agree to comply with all local rules regarding online conduct and what 5QLive deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.7 above.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.