Terms of Use

ACCEPTANCE OF TERMS. 5A+llc’s website (the “Website”) is an online collection of resources, including passive and interactive processes, forums, various e-mail services, and advertisements. This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of the Website whether accessed via the internet, wirelessly or through any other method. You accept this Agreement by using the Website or accessing any content available through the Website (the “Content”).

5A+ llc, its parent and affiliates (“5A+”) reserves the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Such modification shall become effective immediately upon the posting thereof. For your convenience, the date of last revision is included at the top of this page. Changes to this Agreement will not be applied retroactively. 5A+ may make changes to the Website and/or the services described on the Website at any time. You understand that 5A+ may discontinue or restrict your use of the Website for any reason or no reason with or without notice. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE WEBSITE OR THE CONTENT. BY USING THE WEBSITE IN ANY WAY, YOU ARE AGREEING TO THE TERMS OF USE HEREIN. Acceptance of these Terms of Use creates a binding contract between you and 5A+ that you will use the Website only in a manner consistent with these Terms of Use.

The resources and processes available on the Website are provided solely on an “AS IS” and “AS AVAILABLE” basis. You should not construe 5A+’s publication of the Website as a warranty or guarantee of the quality or availability of any goods or services. Goods offered through the Website, if any, are “AS IS” without warranties of any kind.

LINKS TO OTHER SITES. The Website may contain links to websites operated by other parties. 5A+ provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of 5A+, and 5A+ is not responsible for the content available on the other sites. Such links do not imply 5A+’s endorsement of information or material on any other site and 5A+ disclaims all liability with regard to your access to and use of such linked Websites.

PERMITTED USES. So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by 5A+, 5A+ invites you to view and use the passive and interactive processes, forums, various e-mail services, and advertisements of the Website and the Content for your commercial or non-commercial use to design and otherwise create graphic art projects or printing development; provided, however, that you may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Website or the Content unless expressly authorized by 5A+ in writing, except where within the permitted scope of use of the Website as defined herein. You agree that you will not
use, view, access or manipulate the Website or Content for any purpose other than the permitted scope of use of the Website as defined herein and additionally agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Special terms may apply to some products or services offered on the Website and may be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms shall prevail. You may not damage, disable, overburden, or impair the Website or in any way or manner interfere with any other party's use and enjoyment of the Website.

You agree not to upload, post, email, or otherwise make available content:

that is unlawful, infringing; harmful, threatening, abusive, harassing, stalking, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in actual sexual conduct;
that impersonates any person or entity, including, but not limited to, a 5A+ officer or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that otherwise negatively affects other users' ability to use the Website;
collect personal data about other users for commercial or unlawful purposes, by automated or non-automated means.

DISCLAIMERS AND LIMITATION OF LIABILITY. THE WEBSITE, ALL CONTENT ON THE WEBSITE, AND ANY GOODS OR SERVICES OFFERED OR SOLD THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 5A+, llc MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

5A+, llc MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 5A+, llc DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF 5A+, llc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AND SO LONG AS THE WEBSITE IS OFFERED AS A FREE SERVICE, 5A+, llc AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED $100.

INDEMNITY. You agree to indemnify, defend and hold 5A+, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of this Agreement.

USER ELIGIBILITY. We care about the safety of children and will not knowingly let anyone under the age of 13 years of age to provide us any personal identifying information. The Website is not directed toward children under 13 years of age nor does 5A+ knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to 5A+. By using the Website, you represent and warrant that (a) all registration information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.

PRIVACY AND INFORMATION DISCLOSURE. 5A+ has established a Privacy Policy to explain to users how their information is collected and used, which is located on 5A+. Your use of the Website signifies acknowledgement of an agreement to our Privacy Policy. Without limitation of any of the rights granted to 5A+ herein, you acknowledge and agree that 5A+ may preserve and disclose information about you, your account and transactions made through the Website if required to do so by law or if we believe that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; or (c) protect the rights, property, or safety of 5A+, any individual or the public.

PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY. The Website and the Content are the sole and exclusive property of 5A+ and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by 5A+ in writing. You hereby acknowledge and agree that, as between 5A+ and you, all right, title, and interest in and to the Website and the Content, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by 5A+. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.

Unauthorized use of any 5A+ trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws. All materials contained in this Website, including but not limited to content, design and layout, are protected by U.S. and international copyright laws copyright laws, and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of 5A+, except where within the permitted scope of use of the Website as defined hereinabove.
5A+’s names and logos and all related trademarks, tradenames, and other intellectual property, including but not limited any innovations protected by patent or trade secret, disclosed on the Website are the property of 5A+ and cannot be used, reproduced or modified without its express prior written permission.

ACCOUNT PASSWORD AND SECURITY. The Website may contain some features that require registration. If asked to register for additional access, you may select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify 5A+ of any unauthorized use of your password or account or any other breach of security. 5A+ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

ENFORCEMENT. 5A+ shall have the right, but not the obligation, to strictly enforce this Agreement through self-help, community moderation, active investigation, litigation and/or prosecution. This Agreement shall be governed by, and will be construed under, the laws of the Commonwealth of Kentucky, without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of Jefferson, in the Commonwealth of Kentucky, to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A GROUP OR CLASS ACTION. The failure of 5A+ to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

FORCE MAJEURE. 5A+ shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of 5A+, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond 5A+’s control such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 5A+’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive 5A+’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and 5A+ with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any 5A+ user agreement(s) entered into by you. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within sixty (60) calendar days after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of 5A+, and any assignment or transfer in violation of this provision shall be null and void. 5A+ reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without right to block access from a particular internet address.

5A+, llc – PRIVACY POLICY
LAST UPDATED JANUARY 15, 2013

5A+, Inc. (“5A+”) takes your privacy seriously. The 5A+ website, as an online collection of resources, including passive and interactive forums, various e-mail services, and advertisements (the “Website”) has established this Privacy Policy to explain how your information is protected, collected and used. 5A+ reserves the right, at our sole discretion, to change, modify or otherwise alter this Privacy Policy at any time by posting the revised Privacy Policy on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Such modification shall become effective immediately upon the posting thereof. For your convenience, the date of last revision is included at the top of this page.

You expressly agree that your use of the Website and its information is at your sole risk. All content on the Website is the property of 5A+ and/or its licensors and is protected by copyright laws. What information we collect: 5A+ may ask for and collect from you personally identifiable and other information at certain points throughout the Website. Depending on the information and/or services you request, you may be asked to provide your name, email address, zip code or other information, which may be used for authentication. 5A+ may collect personal information if you provide it in feedback or comments, posit it in a forum, advertisement or if you contact us directly. Please do not post any personal information in 5A+ forums that you expect to keep private.

5A+’s primary goal in collecting information is to provide you with a customized experience when visiting the Website and to enhance the value of the Website through content and resources. 5A+ may disclose your personally identifiable and other information to another entity (i) for purposes of outsourcing Website operations or activities; (ii) to confirm or update information provided by you; (iii) to inform you of important information; and/or (iv) as a part of a sale of assets as described herein. We may also share your information to (a) comply with legal process; (b) enforce our rights; or (c) protect the rights, property, or safety of 5A+, any individual or the public. In the future, 5A+ may sell some or all or our assets. In such transactions, customer information generally is one of the transferred business assets. In the event of a sale of our assets including our database, user information may be transferred as an asset

Information which is otherwise de-identified as to an individual may be used by 5A+ for any reason and shared freely with third parties, including but not limited to user demographics.

In addition to the methods described above, we may also collect information using cookies, web beacons or similar technologies. These methods permit us to collect various types of information, including which pages you visit, which of our email messages you read, and other information. The Website may contain links to third-party websites. 5A+ is not responsible for the privacy practices or the content of such third-party websites.

5A+ attempts to protect against the loss, misuse and alteration of your personal information. Our servers are protected by reasonable physical and electronic security measures.

5A+ believes in providing you with the ability to access and edit the personally identifying information that you have provided to us through our websites. To update this information, please visit your account on the Website. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to 5A+’s internal reporting and retention policies and all applicable legal obligations.

Your California Privacy Rights: If you are a California resident, you are entitled by law to request an Information Sharing Disclosure. If you request it, we will provide you with a notice of your right to prevent sharing of your personal information as well as a cost-free means of doing so. To receive such a notice, submit a request to the email address listed in the Contacts section below, specifying that you seek your "California Customer Choice Notice." Please allow thirty (30) days for a response.