Last Updated: January 27, 2022
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE FIVEABLE WEBSITE, APP, AND/OR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE FIVEABLE WEBSITE, APP, AND/OR SERVICES IN ANY MANNER.
SECTION 14 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS.
These Terms and Conditions (“Terms”) are entered into by and between You and Fiveable (“Fiveable”, “we”, “our”, or “us”) and applies to our provision and your use of our social learning platform available via our websites, including, without limitation, https://fiveable.me (collectively, the “Site”) and/or any related services on which these Terms appear. Your use of the Site and services is subject to your acceptance and compliance with these Terms. Please read the following information carefully and do not use this Site or services if you do not accept these terms. By continuing to use this Site or services, you agree to these Terms, as updated from time to time. You also acknowledge that we have separately notified you of our privacy practices through our Privacy Policy.
Please note, these Terms only apply to the Site and services on which these Terms appear. We and/or our affiliates, subsidiaries, and parent companies may operate other websites or offer other services. Those other websites and services are subject to separate terms and conditions.
1. YOUR USE OF THIS SITE and services
The Site, services, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Fiveable, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Fiveable grants you a non-exclusive, limited, non-transferable license to use, view, and download the materials at this Site only for your personal use subject to these Terms.
Our Site is available only to individuals that can form legally binding contracts under applicable law. In most cases, among other things, this means individuals that are 18 years of age or older. Subject to other restrictions set forth in these Terms, if you are under 18 years old (or age of majority if higher where you live), you must have your parent’s or legal guardian's permission to access and use our Site. If this applies to you, your parent or legal guardian must read and agree to these Terms on your behalf in order for you to access and use our Site. Without limiting the foregoing, in no event are you permitted to access or use our Site (even if your parent or legal guardian is willing to grant you permission to access and use our Site) if you are 12 years old or younger.
By accessing or using our Site, you represent that either: (1) you are 18 years of age or older (or age of majority if higher where you live); or (2) you are younger than 18 years of age (or age of majority if higher where you live) and at least 13 years old and your parent or legal guardian has granted you permission to access and use our Site. If you are a parent or legal guardian and you grant your child permission to access and use our Site, these Terms apply to you and you are responsible for your child's activities on our Site.
Our Site or services may, now or in the future, include features that enable you to engage in video chats with other users. All requirements, restrictions and obligations applicable to your use of the Site and services set forth in these Terms expressly apply to your use of any and all such video chat features, including, without limitation, the Acceptable Use Policy set forth in Section 5 of these Terms. Without limiting the generality of the foregoing, you are prohibited from recording or attempting to record, any video chat sessions you engage in on or through our Site or services.
2. ACCOUNTS
Our Site and/or services may allow you to create an account (“Account”) to access or purchase certain products or services and allow you to choose your credentials to access your Account. You will be responsible and liable for keeping your credentials secure and for all actions and transactions on or made through your Account. Any actions made on or through your Account will be presumed to have been made by you. You shall notify Fiveableimmediately if you become aware of any unauthorized access to or use of an Account or credentials to access that Account. Fiveablemay, in its sole discretion, de-activate any Account or invalidate any credentials if it believes that that Account is being used fraudulently or by or on behalf of unauthorized parties.
3. SITE COPYRIGHTS
You agree to retain on any copies all copyright and other proprietary notices associated with any original materials that you download or use from the Site and/or services. You may not modify the materials on this Site and/or contained in any services in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or external business purpose. Any product, process or technology described in these materials may be the subject of other intellectual property rights (including patent rights) reserved by Fiveable and are not licensed for any purpose hereunder. Any software (“Software”) that is made available to download from the Site and/or the services is the copyrighted work of Fiveable and/or its suppliers, and any reproduction, redistribution, or use of such Software shall be governed by the terms of the end-user license agreement, if any, that accompanies or is included with the Software. Unless expressly provided for in such end-user license agreement, reproduction of the software for purposes of redistribution or for other than personal or internal business use is expressly prohibited. Further, you agree:
a. Not to copy, reproduce, distribute, publish, display, or publicly perform the Site and/or the services. Without limiting the generality of the foregoing, you may not distribute any part of the Site and/or the services over any network, nor sell or offer it for sale. You may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works of the Site and/or the services. Open Source software used on the Site and/or the services is provided in accordance with the terms of the applicable Open Source Software license, and Fiveableis not a party to the same. We reserve all rights that are not specifically granted to you.
b. That you are expressly prohibited from presenting the Site and/or services in a setting created by you or a third party (e.g., through framing), particularly(but not exclusively) where that setting includes advertising or other materials that we have not authorized to be displayed with the Site.
4. TRADEMARKS
Registered and common law trademarks and service marks of Fiveable may not be copied or used in any manner without written authorization from Fiveable.
5. ACCEPTABLE USE POLICY
In using our Site and/or services, you agree not to use, and, not to encourage or allow anyone to use, the Site and/or services in the following prohibited ways:
a) Using the Site and/or services in a manner that is or otherwise encourages (i) any illegal, fraudulent, or abusive activities or (ii) materially interfering with our business or activities or harms our users.
b) Attempting to bypass or break any security mechanism on the Site and/or services or using the Site and/or services in any manner that poses a material security or service risk to Fiveable or any of its users.
c) Reverse-engineering the Site or services in order to find limitations, vulnerabilities, or evade filtering capabilities.
d) Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Site or services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Site or services.
e) Transmittingany material, data, or content that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
f) Violating or facilitating the violation of any applicable laws or regulations of any applicable jurisdiction, including, without limitation, (i) applicable laws or regulations related to the transmission of data; (ii) applicable laws or regulations that prohibit engaging in any unsolicited advertising, marketing, or transmission of communications; (iii) applicable anti-spam laws or regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act; or (iv) applicable data protection or privacy laws, regulations, or legislation.
g) Using the Site or services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, email, or faxes.
h) Using the Site or services to harvest or otherwise collect information about individuals and/or users, including email addresses or phone numbers, without their explicit consent or under false pretenses or in violation of these Terms.
i) Using the Site or services to transmit any material, data, or content that infringes the intellectual property rights or other rights of third parties.
j) Using the Site or services to cheat, encourage, and/or enable cheating on any standardized test or application.
k) Using the Site or services to transmit any material or content that is, facilitates, or encourages libelous, defamatory, discriminatory or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material or content that Fiveable reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
l) Using the Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity, including drug-related terms or images.
6. USER COMMUNICATIONS
Any material, information or other communications you voluntarily transmit, post or otherwise submit electronically to or through the site or services, including in any chats, blogs, or discussions (collectively, “Submissions”), will be deemed non-confidential. Accordingly, do not send confidential or proprietary information to Fiveable through the Site or services. By sendingFiveable your Submissions, you grant Fiveable an unrestricted, irrevocable license to use, reproduce, display, perform, modify, create derivative works from, transmit and distribute the Submissions, and you grant Fiveable has the right to use any ideas, concepts, know-how or techniques contained in or suggested by the Submissions for any purpose, including but not limited to the development, manufacturing and marketing of products and processes. You are prohibited from posting or transmitting to or from this Site or any services any material that is defamatory, knowingly false, threatening, obscene, profane, that would otherwise give rise to civil or criminal liability, or infringes any intellectual property rights.
7. INTERNET LINKS
For your convenience, this Site may contain links to third party sites or third party resources that Fiveable does not own or maintain. With respect to those sites, Fiveable assumes no liability and does not endorse or make any representations about any information, products or services associated with those sites or any results that may be obtained from using such sites. Your access and use of such third party sites, and use of any information obtained as a result of that access and use, is at your sole risk.
8. YOUR WARRANTIES. You represent and warrant that you will be responsible for your use of the Sites and services, including any transactions or purchases you make, and that your use of the Sites and services will be consistent with the limited license granted to you herein and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.
9. DISCLAIMERS
THE SITE AND SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; SO, IN THOSE JURISDICTIONS ONLY THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You understand that we can not and do not guarantee or warrant that files available for downloading from the Site or services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR ANY SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, ANY SERVICES, OR ON ANY WEBSITE LINKED TO THEM.
10. NO GUARANTEE OF A PARTICULAR SCORE OR OUTCOME
Fiveable does not guarantee any particular score, outcome, improvement, and/or result on any standardized tests, including the Advanced Placement exam, or in the college admissions process. Rather, we provide you various learning and study tools relating to tests you may take and information that may be relevant to you in the college admissions process or in high school, and your performance and score on any such tests are solely your responsibility, and we do not guarantee admission to any school or that you will be awarded any scholarships or financial aid.
11. CHANGES TO THE SITE AND SERVICES
Fiveable may make changes to the Site or services, including, without limitation, the information contained within the Site or services, at any time without notice. Some information or services may be out of date or contain inaccuracies or errors. Fiveable makes no guarantees whatsoever as to the correctness or accuracy of the Site or services, including, without limitation, the information presented on or through the Site or Services, and makes no commitment to update or correct the information obtained through or presented on the Site or through the services. Information published on the Site or available through the services may refer to products, programs, or services that are not available in your country. Consult your local Fiveable business contact for information regarding the products, programs and services that may be available to you.
12. LIMITATIONS OF LIABILITY
FIVEABLE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANYWAY TO THE SITE, SERVICES, OR CONTENT OR INFORMATION CONTAINED WITHIN OR ACCESSED THROUGH THE SITE OR SERVICES, EVEN IF FIVEABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Fiveable, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or services, including, your use of the Site's or services content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site or services.
14. MANDATORY ARBITRATION; CLASS ACTION WAIVER.
You agree that all claims or disputes arising out of the Terms will be decided by an arbitrator through arbitration and not by a judge or jury (“ArbitrationAgreement”). This Arbitration Agreement is governed by theFederal Arbitration Act (“FAA”)and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available at www.adr.org. The arbitrator’s fees and the costs will be shared equally by the parties unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Madison, Wisconsin unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator. The following claims are excluded from this Arbitration Agreement:(a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights; (c)claims for temporary relief in connection with an arbitrable controversy; and(d) claims that are non-arbitrable per the applicable federal statute.
15. LIMITED TIME TO BRING A CLAIM.
YOU AND WE AGREE TO BEGIN ANY CLAIM AND/OR ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
16. WAIVER OF JURY TRIAL.
YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Fiveable are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 14 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
17. CONTROLLING LAW, JURISDICTION, AND VENUE
Fiveable primarily operates the Site and services from its headquarters in Milwaukee, WI. the terms are governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. Subject to Section 14 above, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site or services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the City of Milwaukee and County of Milwaukee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. WAIVER AND SEVERABILITY
No waiver by Fiveableof any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fiveable to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19. MONITORING AND ENFORCEMENT; TERMINATION
We have the right, but not the obligation, to:
a. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or services.
b. Terminate or suspend your access to all or part of the Site or services for any violation of these Terms.
c. Refuse, move, or remove anything that is available on our Site or services, including, without limitation, any material, information or other communications you voluntarily transmit, post or otherwise submit electronically to or through the Site or services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or accessing, including, without limitation, posting any materials on or through, the Site or services. YOU WAIVE AND HOLD HARMLESSLY FIVEABLE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FIVEABLE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER FIVEABLE OR LAW ENFORCEMENT AUTHORITIES.
20. COPYRIGHT INFRINGEMENT CLAIMS
Fiveable respects the intellectual property rights of others. You must ensure that your Submissions do not infringe any third party’s copyright. We will remove your Submissions and other materials on the Site and services in accordance with the Digital Millennium Copyright Act (“DMCA”) upon receipt of proper notices that your Submissions or other materials on this Site or services infringe a third party's copyright. Additionally, subject to the provisions below, Fiveable will terminate your account if you are a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any user submission or other content on our Site or services infringes upon your copyrights, you may submit a notification pursuant to the DMCA to the address provided below. Such notification must contain the following:
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Site or services;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
d. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Fiveable may disclose DMCA notices to affected users and third party databases that collect information about copyright takedown notices.
If your Submission is removed pursuant to a notice of copyright infringement and you want to challenge the removal, you must provide us a counter-notification to the address provided below. Such counter-notification must contain the following:
a. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
b. a description of the material that was removed and where the material previously appeared on this Website reasonably sufficient to permit us to identify the material;
c. a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
d. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if you address is outside the United States, any judicial district in which Fiveablemay be found (the United States District Court for the Eastern District of Wisconsin)and that you will accept service of process from the person who provided the original DMCA notice or an agent of that person; and
e. your physical or electronic signature.
Fiveable will forward any complete counter notification to the person who provided the initial DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter notification, we may restore the removed materials. Until that time, your materials will remain removed.
We will terminate your Account if you receive three (3) DMCA takedown actions. A “DMCA takedown action” occurs each time your Submissions or other materials are removed due to a DMCA notice. We may group multiple DMCA notices received in a short period of time as a single DMCA takedown action. We may remove a DMCA takedown action in appropriate circumstances, such as where: (1) the material is restored due to a DMCA counter notification; or (2) the party who provided the DMCA notice withdraws their complaint. The foregoing shall not limit our other termination rights provided in these Terms, including, but not limited to, terminating any rights to access or use the Site or services due to your violation of theseTerms.
Address for Notices. DMCA notices and counter notifications may be sent to our designated agent, Tán Ho at the following addresses:
By email to: tan@fiveable.me
By mail to: Fiveable
Attn: Fiveable
PO BOX 510170 PMB 57071
Milwaukee, WI 53203
21. CONTACT INFORMATION
You can contact us about questions relating to these Terms at:
Fiveable
PO BOX 510170 PMB 57071
Milwaukee, WI 53203
help@fiveable.me
22. REVISIONS TO THE TERMS
Fiveable may update these Terms at any time and for any reason by posting such revisions to this page from time to time, indicating an update to these Terms on the Fiveable homepage, and updating the date of those revisions below. You should review this page and the Terms frequently because the Terms are binding upon you, including any revised terms, when you access or use the Site or services, including, but not limited to, the information contained on the Site or services. These Terms may be superseded or extended by express terms in designated additional terms of use notices located on certain pages of the Site or through the services.
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