Terms of Service
Five Leaf Group LLC Terms of Service
Effective Date: August 18, 2017
Welcome to Five Leaf Group! We invite you to access our websites and use our apps (“the Service”) , but please note that your invitation is subject to your agreement with these Terms of Service. Please review these Terms carefully.
What Are the Terms of Service?
Subscriptions. Subscriptions will be charged to your iTunes Account upon confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Within 24 hours before the end of the current period your Account will be charged for renewal. Renewal is at the same price unless stated at least one week before time the renewal occurs.
Subscriptions may be managed and auto-renewal may be turned off by going to the Settings app for your computer or device: e.g. for iOS devices, by going to the Settings app, choosing iTunes and App Store, and then Subscriptions.
If This Is a Contract, Who Are the Parties?
You are one party to this contract. The other party to this contract is Five Leaf Group LLC, headquartered in Washington state.
Will These Terms of Service Ever Change?
Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change. If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service. Your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms.
What Are My Rights in the Five Leaf Group Service?
Once you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Five Leaf Group Software provided to you by or on behalf of Five Leaf Group, for the sole purpose of enabling you to use the Five Leaf Group Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the Five Leaf Group Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in Five Leaf Group or the Service.
What Rights Does Five Leaf Group Have?
CONTENT RIGHTS. You acknowledge and agree that Five Leaf Group (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on Five Leaf Group’s servers and all Five Leaf Group software deployed by you or a third party (the “Five Leaf Group Software”).
INTELLECTUAL PROPERTY RIGHTS. In agreeing to these Terms, you also agree that the rights in the Service and Five Leaf Group Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Five Leaf Group Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.
RIGHT TO MODIFY THE SERVICE. We retain the right, in our sole discretion, to implement new elements as part of and/or additional to the Service, including changes that may affect the previous capabilities of the Five Leaf Group service or Five Leaf Group Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. You also acknowledge that a variety of Five Leaf Group actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Five Leaf Group has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
RIGHT TO ENGAGE THIRD PARTIES. Five Leaf Group engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable.
RIGHT TO USE THIRD-PARTY SOFTWARE. Five Leaf Group may from time to time include as part of the Service and Five Leaf Group Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Five Leaf Group expressly disclaims any warranty or other assurance to you regarding such third party software.
RIGHT TO UPDATE OUR SOFTWARE. In connection with any modification of the Service, Five Leaf Group may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Five Leaf Group will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Five Leaf Group may require you to install the update to continue accessing the Service. In all cases, you agree to permit Five Leaf Group to deliver these updates to you (and you to receive them) as part of your use of the Service.
How is My Account Closed?
In the case of purchase of “All Features Forever”, your ability to use all the features of the Five Leaf Group Software you purchased never expires. To close your account, simply stop using the software. The capabilities will survive if you wish to use them in the future. In the case of an automatically renewing subscription (such as a six-month subscription) to Software features, you may disable renewal in the settings app on your device (Settings, iTunes & App Store, Subscriptions). You must disable renewal at least 24 hours in advance of the next subscription period.
If I Have a Great Idea to Share with Five Leaf Group, What Are My Rights?
Please see our Unsolicited Feedback Policy.
Does Five Leaf Group Serve Ads?
At present we do not advertise except to raise your awareness of features you might purchase. If you have purchased any features, these ads do not appear. At a future time, we may choose to serve ads from a third-party advertising service, but only if you have not purchased All Features, Forever, nor while a subscription is active. Your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
What Else Do I Need to Know?
THIRD-PARTY LINKS, CONTENT AND PROGRAMMING.
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
You agree to indemnify and hold Five Leaf Group, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
LIMITATION OF LIABILITY.
To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIVE LEAF GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) FIVE LEAF GROUP DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIVE LEAF GROUP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIVE LEAF GROUP, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF FIVE LEAF GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR FIVE LEAF GROUP POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE OR RELATED TO THE FIVE LEAF GROUP MARKET; (v) FIVE LEAF GROUP’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE OR OFFERING PRODUCTS THROUGH THE FIVE LEAF GROUP MARKET; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE. EXCLUSIONS AND LIMITATIONS.
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
How Can I Send a Notice to Five Leaf Group?
Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to Five Leaf Group must be delivered by email to support AT 5Leaf DOT com. This email address may be updated as part of any update to these Terms of Service.
What Law Applies to My Use of Five Leaf Group Software?
These Terms and the relationship between you and Five Leaf Group LLC (including any dispute) shall be governed in all respects by the laws of the State of Washington, United States of America, as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to its conflict of law provisions. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and Five Leaf Group agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. YOU AND FIVE LEAF GROUP AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER FIVE LEAF GROUP USERS. Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms and this Section will continue to apply.
CLAIMS ARE TIME-BARRED.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.
A few final, but important, points. First, these Terms constitute the entire agreement between you and Five Leaf Group and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and Five Leaf Group for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party. Second, you acknowledge and agree that each affiliate of Five Leaf Group shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms. Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Unsolicited Feedback Policy
Five Leaf Group LLC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Five Leaf Group or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Five Leaf Group’s products or marketing strategies might seem similar to ideas submitted to Five Leaf Group.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
Terms of Idea Submission
You agree that: (1) your submissions and their contents will automatically become the property of Five Leaf Group, without any compensation to you; (2) Five Leaf Group may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Five Leaf Group to review the submission; and (4) there is no obligation to keep any submissions confidential. Five Leaf Group does, however, welcome your feedback regarding many areas of Five Leaf Group’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the email link on the Contact Us page. Please provide only specific feedback on Five Leaf Group’s existing products or marketing strategies; do not include any ideas that Five Leaf Group’s policy will not permit it to accept or consider. Thank you for taking your precious time to help us make our products work better for you.