Last Updated: January 21, 2020
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 16 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS-ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS.
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 Sites 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 Fiveable immediately if you become aware of any unauthorized access to or use of an Account or credentials to access that Account. Fiveable may, 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.
You agree to retain on any copies all copyright and other proprietary notices associated with any original materials that you download or use from this Site. You may not modify the materials on this Site 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 this Site 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:
Not to copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from the Site. Without limiting the generality of the foregoing, you may not distribute any part of the Site 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. Open Source software used in the Site is provided in accordance with the terms of the applicable Open Source Software license, and Fiveable is 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 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.
Registered and common law trademarks and service marks of Fiveable may not be copied or used in any manner without written authorization from Fiveable.
Acceptable Use Policy
In using our Site, products, and/or services, you agree not to use, and, not to encourage or allow anyone to use, the Site, products, and/or services in the following prohibited ways:
Using the Services in a manner that is or otherwise encourages (i) any illegal, fraudulent, or abusive activities or (ii) materially interfering with Fiveable’s business or activities or harms Fiveable users.
Attempting to bypass or break any security mechanism on the Site or services or using the Site or services in any other manner that poses a material security or service risk to Fiveable or any of its users.
Reverse-engineering the Site or services in order to find limitations, vulnerabilities, or evade filtering capabilities.
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.
Transmitting any material, data, or content that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
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.
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.
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 this Agreement.
Using the Site or services to transmit any material, data, or content that infringes the intellectual property rights or other rights of third parties.
Using the Site or services to cheat, encourage, and/or enable cheating on any standardized test or application.
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.
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.
DATA CONTROLLER OR OWNER. Fiveable is the Controller or business that owns any and all data, including personal information, collected or processed directly from you and/or other individuals on Fiveable’s Site or services.
Any material, information or other communications you voluntarily transmit, post or otherwise submit electronically to or through the Site or services, including in the Student Community or 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. By sending Fiveable 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 any material that is defamatory, knowingly false, threatening, obscene, profane, or that would otherwise give rise to civil or criminal liability.
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, is at your sole risk.
YOUR WARRANTIES. You represent and warrant that you will be responsible for your use of the Sites, App, and/or services, including any transactions and/or purchases you make, and that your use of the Sites, App, or services, and the content 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.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, 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 NONINFRINGEMENT. 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 cannot and do not guarantee or warrant that files available for downloading from the internet or the Site 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 TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
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.
CHANGES TO THIS SITE
Fiveable may make changes to the site and the information contained within it or any Site-related service at any time without notice. Some information and Site-related 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 the information presented on or through the site and makes no commitment to update or correct the information obtained through or presented on this site. Information published at this Site 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.
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 ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN OR ACCESSED THROUGH THE SITE, EVEN IF FIVEABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
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 content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.
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 (“Arbitration Agreement”). This Arbitration Agreement is governed by the Federal 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.
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.
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 16 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
CONTROLLING LAW, JURISDICTION, AND VENUE
Fiveable primarily operates this site 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 16 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.
WAIVER AND SEVERABILITY
No waiver by Fiveable of 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.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
b. Terminate or suspend your access to all or part of the Site for any violation of these Terms.
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 posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS 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 THE FIVEABLE OR LAW ENFORCEMENT AUTHORITIES.
You can contact us with questions relating to these Terms at:
2550 N Lake Dr
Milwaukee, WI 53211
REVISIONS TO THE TERMS