Terms of Use
Last Updated: September 23, 2025
These terms and conditions (the “Terms” or “Terms of Use”) form an agreement between visitors (“you” or “your”) of this website (the “Site”) and 5C AI Group Inc. and its subsidiaries or affiliated companies (collectively, “5C,” “we,” “us” or “our”). The Site provides data, information, text images, programs and other materials and content (collectively, “Content”) and other services such as the sale of servers, workstations, personal computers, hardware, software, business resiliency and value-added services (collectively, the “Services”).
BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
SECTION 1 OF THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER AND JURY TRIAL WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH 5C. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 1(d) BELOW.
The Site is open to visitors. However, to access certain areas of the Site, we require you to register with us. Registration is free and allows you to access other Services not available to visitors including product profiles. By registering, you certify that the information you provide in the registration form is accurate. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Services and to refuse any and all current or future use of the Services.
The Company reserves the right to change these Terms of Use at any time and your continued access or use of the Site after such changes indicates your acceptance of the Terms of Use as modified. It is your responsibility to review these Terms of Use before each access or use or the Site.
***** ALL SALES ARE SUBJECT TO 5C’S SEPARATE TERMS AND CONDITIONS OF SALE. *****
1. Dispute Resolution and Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU AND 5C CAN SEEK RELIEF FROM EACH OTHER AND REQUIRES ALL DISPUTES TO BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.
a. Disputes. “Disputes” are any disputes, claims, actions, and other controversies between you and 5C or between you and the affiliates or agents of 5C that arise out of or relate to these Terms, the Services, or any other products or services related thereto, whether based in contract, tort, warranty, fraud, misrepresentation, statute, regulation, or another legal or equitable basis with the following exceptions: (i) any individual (non-class) claim that can be solely resolved in small claims court, and (ii) to the extent you have in any manner violated or threatened to violate our intellectual property rights, our suit to enforce such intellectual property rights including by injunction.
b. Informal Dispute Resolution. If you have a Dispute with 5C or if 5C has a Dispute with you, you or 5C must first attempt to resolve the Dispute through informal negotiation for a period of 60 days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”) from the day either party receives a written notice of a Dispute from the other party (a “Claimant Notice”) in accordance with these Terms. The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing fee deadlines for a Dispute will be tolled for the duration of the Informal Resolution Period for that Dispute so that the parties can engage in this informal dispute-resolution process.
A valid Claimant Notice must be in writing and include all of the following: (i) the name, address and email address of the party giving notice, (ii) a description of the nature and facts of the Dispute, (iii) the relief requested, including the damages sought, if any, and a detailed calculation of them, (iv) an acknowledgement that the Dispute is subject to these Terms, and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the notice. A Claimant Notice must be individualized, meaning it can only concern yours or 5C’s Dispute and no other person’s or entity’s Dispute.
You will send any Claimant Notice to 5C at the following address:
5C
Attn: Legal Department
9300 Rte Trans Canada
St-Laurent, Québec, Canada, H4S 1K5
With a copy by email to info@5c.ai, with the subject heading: “Notice of Dispute.”
We will send any Claimant Notice to you at the contact information we have for you.
If a party receives a Claimant Notice, the receiving party will acknowledge receipt of the Claimant Notice and make a good faith effort during the Informal Resolution Period to either resolve the Dispute or explain why the claimant is not entitled to relief. Neither you nor 5C may commence any action or other legal proceeding regarding a Dispute before the end of the Informal Resolution Period. If you or 5C file a court action or other legal proceeding regarding a Dispute without complying with the requirements in this Section 1(b), including waiting until the conclusion of the Informal Resolution Period, the other party may (i) seek relief from a court to enjoin the filing until the requirements in this Section are fully met and (ii) seek damages from the party that has not followed the requirements in this Section 1 to reimburse it for any costs incurred as a foreseeable consequence of that breach.
c. Meet and Confer. The recipient of a Claimant Notice may request an individualized telephone or video settlement conference, and both parties shall personally attend (with counsel, if represented) any conference that is held. You and 5C agree to work cooperatively to schedule the conference at the earliest mutually convenient time (with the Informal Resolution Period being extended as needed until that time) and to seek to reach a resolution during any such conference.
d. Arbitration Procedures. Any Dispute that the parties cannot resolve through the Informal Dispute Resolution Process must be brought on an individual basis and will be resolved exclusively by final and binding confidential arbitration (“Arbitration”) in Montreal, Quebec . Arbitration under this agreement shall be conducted pursuant to the rules of commercial arbitration of the Quebec Code of Civil Procedure. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Your 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provision set forth in this Section 1(d) by sending written notice of your decision to opt-out to the following address via certified mail:
5C
Attn: Legal Department
9300 Rte Trans Canada
St-Laurent, Québec, Canada, H4S 1K5
The notice must be sent within thirty (30) days of your first use of the Services after the effective date of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, 5C also will not be bound by them.
Right to Terminate Mandatory Dispute Resolution Program. At any time, 5C may terminate the arbitration agreement set forth in this Section. That termination will not affect any Dispute.
e. Class Action Waiver. This Section 1(e) will apply to the fullest extent permitted by applicable law. NO DISPUTE SHALL BE JOINED TO ANY OTHER DISPUTE, INCLUDING ANY DISPUTE INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES. NO CLASS ACTION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER YOU OR 5C ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED, AND NEITHER YOU NOR 5C WILL PARTICIPATE AS A CLASS MEMBER IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITES OR ANY OTHER PRODUCTS OR SERVICES RELATED THERETO. ANY RELIEF MAY BE AWARDED ONLY INDIVIDUALLY AND ONLY TO THE EXTENT NECESSARY TO REDRESS YOUR OR 5C’S INDIVIDUAL CLAIM(S); RELIEF MAY NOT BE AWARDED ON BEHALF OF OTHERS OR THE GENERAL PUBLIC.
f. One Year to Assert Claims. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND 5C AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
g. Governing Law. Subject to Section 1(d), the validity, interpretation and performance of this Agreement shall be governed by and construed as follows:
(i) With respect to the use of the Site or the Services outside of Canada, in accordance with the laws of the State of Arizona, without regard to conflicts of laws principles;
(ii) with respect to use of the Site or the Services within Canada, with the laws of Quebec, without giving effect to conflict of laws principles.
h. Venue. Except for Disputes subject to Arbitration which are governed by the venue provision in Section 1(d), the sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be:
(i) With respect to use of the Site or Services in the United States, an appropriate federal or state court located in Phoenix, Arizona.
(ii) with Canada, sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall lie properly in Montreal, Quebec.
i. Severability. If any part of this Section 1(i) is found to be unlawful or unenforceable for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms and (ii) the remainder of these Terms will remain in effect. If the class action waiver in Section 1(e) is found to be unlawful or unenforceable in a state for any reason, to the fullest extent allowed by applicable law, claimants may seek certification only of a class composed of residents of that state. Further, if any part of this Section 1 is found to unlawfully prohibit an individual claim seeking public injunctive relief that provision will have no effect to the extent such relief is allowed to be sought, and the remainder of this Section 1 will be enforceable.
j. Third-Party Beneficiaries. You must resolve Disputes with our past, present, and future affiliates and agents as though they were or are 5C. Such affiliates and agents are third-party beneficiaries of this Section 1 and can enforce this Section 1 as though they were or are 5C in the event they become involved in a Dispute with you. Otherwise, these Terms are only for the benefit of, and will only be enforceable by, you and 5C only and do not give rights to any third parties.
2. Use Restrictions and Intellectual Property
a. Copyrights. All Content provided on the Site or made available by 5C through the Services is protected by law, including copyright law, intellectual property rights laws and international treaties. All Content is the copyrighted property of 5C or the original creator of such Content. Except as stated herein, none of the Content may be copied, reproduced, republished, displayed or distributed by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of 5C or the relevant right holder. The entire Site is Copyright 2025 5C AI Group Inc. All rights reserved.
b. Restrictions of Use of Copyrighted Content. You are granted permission to display, download and print the Content on the Site for individual, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any special terms and conditions for use of certain Content or Services provided on the Site and included elsewhere on the Site are incorporated into, and become part of, these Terms of Use. Except as explicitly allowed herein, you agree not to reproduce, copy, retransmit, distribute, sell, republish, modify, translate or create derivative works of, or in any way commercially exploit, in whole or in part, any portion of the Site, the Content and/or the Services, in whole or in part, without the express prior written consent of 5C and any decompilation, disassembly, reverse engineering or other exploitation of the Site, the Content and/or the Services is strictly prohibited. You acquire absolutely no rights or licenses to the Site, the Content or the Services other than the limited right to use the Site, the Content and the Services in accordance with these Terms of Use.
c. Proprietary Marks. The names, logos, taglines, and other marks identifying 5C and its products and services are proprietary marks of 5C. All rights reserved. All other trademarks and service marks are the property of their respective owners. This Agreement does not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever. Title to the Site, the Content and the Services and the trademarks or trade names displayed on the Site remains with 5C and/or its licensors. Nothing contained in these Terms of Use or on the Site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trade-marks, trade-names, copyright or other intellectual property rights of 5C or its licensors. Any unauthorized use of the Site, the Content or the Services or the trade-marks, trade names, copyright or other intellectual property rights of 5C or its licensors is strictly prohibited, and 5C reserve the right to take such steps as it deems necessary, including legal action, to enforce such rights. Any question connected with whether a mark or logo that is not listed above is a trademark or service mark of 5C should be directed to 5C.
d. Feedback. If you send or transmit any communications, comments, questions, suggestions, or related materials to 5C, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and 5C is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that 5C is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
e. User Content. You are solely responsible for the content and information (collectively referred to as “User Content”) that you post or upload on the Site. By submitting User Content to the Site, you automatically grant 5C the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You acknowledge and agree that this license includes the right to reproduce User Content, including any personal information or your likeness, for marketing and advertising purposes.
You agree that we may access, preserve and disclose your account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for User service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of 5C or its members, employees, agents, affiliates, partners, communities or any other person.
User Content submitted by you will be considered non-confidential and 5C is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. 5C is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to us. We shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
f. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that () you do not require that any personal data, personal information, personally identifying information, or equivalent term be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by 5C or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release 5C, and its licensees, successors and assigns, from any claims that you could otherwise assert against 5C, or any of its assigns or affiliates, by virtue of any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user’s personal use.
g. Prohibited Use of the Site and Services. You represent and warrant that you will use the Site and any User Content solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have with us and any third parties, all of which you are responsible for knowing and understanding. By using the Site and the Services, you further agree that you will not:
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
- Promote, endorse, or further illegal activities;
- Disclose information in violation of any legally enforceable confidentiality, nondisclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party;
- Except as expressly approved by us, and subject to applicable laws, use the Services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, or other forms of solicitation;
- Imply an 5C endorsement or partnership of any kind without our prior express written permission;
- Introduce software or automated agents to the Services, or access 5C or the Services so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from 5C, the Site or the Services without our express written permission;
- “Frame” or “mirror” or otherwise incorporate the Content or any part of the Services into any website, or “deep-link” to any portion of 5C or the Services without our express written permission.
- Copy or use the information, content, or data on the Services in connection with a competitive service, as determined by 5C;
- Sell, resell, rent, lease, loan, trade, or otherwise monetize access to 5C or the Services posted on the Site without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of 5C or the Services;
- Interfere with, disrupt, or create an undue burden on 5C or the Services or the networks or services connected to 5C or the Services; or
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to 5C or the Services or attempt to circumvent any security feature of 5C or the Services.
h. Permission to Republish. Requests to republish or redistribute the Content should be addressed to 5C as directed in Section 13 hereof.
3. Privacy
Your privacy is of great importance to 5C. All information gathered from you or related to your use of the Site will be governed by 5C’s Privacy Policy. Please see our Privacy Policy for its terms.
4. New Services, Your Password and Conformance with Laws
a. New Services. Whenever new products or services are introduced on the Site as part of the Services, your use of such Services will be subject to these Terms of Use unless we notify you otherwise.
b. Your Password. Certain areas of the Site are protected by passwords. You are solely and fully responsible for keeping your password confidential, and will be solely and fully responsible for all uses of your password or registration, even if these uses were not authorized by you. If you become aware of any unauthorized use of your password or registration, you are required to notify 5C immediately in accordance with Section 13 below.
c. Conformance with Law. You agree to use the Site, the Content and the Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations. Potential users in any jurisdiction where laws (whether common or statutory) would: (i) void these Terms of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law and the disclaimer and limitation of liability); or (ii) render accessing the Site or the Content, or using the Services, illegal, are not authorized to use the Site, the Content or the Services.
5. Disclaimers; Limitations of Liability; and Indemnification
a. Warranty Disclaimers. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER 5C NOR ITS LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE, THE CONTENT OR THE SERVICES. 5C AND/OR ITS LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE, THE CONTENT OR THE SERVICES. FURTHER, 5C IS NOT RESPONSIBLE FOR ANY SLANDEROUS, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. 5C SHALL HAVE NO LIABILITY TO YOU RELATING TO THIS AGREEMENT OR THE SITE, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION.
THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TECHNICAL OR OTHER ADVICE TO YOU AND YOU SHOULD NOT RELY UPON THE CONTENT TO PROVIDE ANY SUCH ADVICE. YOU SHOULD SEEK THE ADVICE OF PROFESSIONALS REGARDING THE EVALUATION AND VERIFICATION OF ANY CONTENT PROVIDED ON THE SITE AND, IN ANY EVENT, PRIOR TO MAKING ANY PURCHASES BASED ON SUCH CONTENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 5C AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLICATIONS, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING YOUR USE OF THE SITE. 5C AND ITS LICENSORS DO NOT WARRANT THAT THE SITE, OR ANY INFORMATION, PRODUCT OR SERVICE THAT MAY BE OBTAINED THROUGH A LINK FROM OR TO THE SITE, WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
5C CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE SITE, THE CONTENT OR THE SERVICES ARE COMPATIBLE WITH YOUR SYSTEMS OR THAT THE SITE, THE CONTENT OR THE SERVICES WILL BE FREE OF VIRUSES, DISABLING DEVICES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR SYSTEMS. YOU ARE RESPONSIBLE FOR THE COSTS OF ANY SERVICE, REPAIRS OR CONNECTIONS WHICH MAY BE NECESSARY TO YOUR SYSTEMS AS A RESULT OF YOUR USE OF THE SITE, THE CONTENT OR THE SERVICES.
b. Limitation of Liability. UNDER NO CIRCUMSTANCES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, SHALL 5C OR ITS LICENSORS BE RESPONSIBLE FOR, AND 5C HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL, EXPECTANCY, EXEMPLARY, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING OUT OF USE, THE INABILITY TO USE, REFERENCE TO, OR RELIANCE ON ANY INFORMATION OBTAINED ON, DOWNLOADED, OR HYPERLINKED FROM THE SITE OR THE CONTENT ON THE SITE, EVEN IF 5C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA YOU ASSUME ANY COSTS THEREOF.
5C SHALL NOT BE LIABLE OR DEEMED TO BE IN DEFAULT FOR UNAUTHORIZED ACCESS TO THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH 5C OR THE SITE IS TO STOP USING THE SITE, INCLUDING ANY OF THE SERVICES OR PRODUCTS ADVERTISED OR AVAILABLE ON THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT 5C’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR SUCH SERVICES OR PRODUCTS OR FOR ACCESSING THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES (AS DEFINED BELOW), FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SITE, CONTENT, OR SERVICES, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $10.00 (TEN DOLLARS) (USD) (THE “LIABILITY CAP”).
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
c. Indemnification. You will defend, indemnify, and hold 5C, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Services and/or (b) violation (or alleged violation) of these Terms by you or any other person accessing the Site or Services on your behalf. Under no circumstance will 5C be liable for damages of any kind that result from your use of, or the inability to use, the Services. Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.
6. Third-Party Links
The Site or the Services may contain links and pointers to the other Internet Websites and resources. Links to and from the Site to other Websites, maintained by third parties do not constitute an endorsement by 5C of any third party website, its resources or its contents. 5C is not responsible for examining or evaluating, and 5C does not warrant the offerings of any of these businesses or individuals or the content of linked websites. 5C does not assume any responsibility or liability for the actions, products, and content of any third party or their websites. Please note that when you click on one of these links, you are moving to another website. You should read the terms of use and privacy statements, if any, of these linked websites as their terms and privacy policies may differ from that of 5C. Once you leave the Site, 5C is not responsible for the content, accuracy or availability of any other website accessed after leaving the Site. Your access to, or use of any non-5C Website is at your sole risk.
7. Entire Agreement, Severability and Electronic Communications
a. Entire Agreement and Severability. Along with our Privacy Policy referenced herein, this Agreement constitutes the entire agreement between you and 5C with respect to the Site and supersedes all prior agreements or understandings between you and 5C with respect thereto. If any provision of this Agreement is later determined by a court of competent jurisdiction to be unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
b.Electronic Communications. When you access or use the Site or send e-mails to 5C, you are communicating with 5C electronically. You consent to receive communications from 5C electronically. 5C will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that 5C provides to you electronically satisfy any legal requirement that such communications be in writing.
8. Discontinuance of Service
5C may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or Content. 5C may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
9. Termination and Waiver
a. Suspension. 5C reserves the right to deactivate, suspend, block or terminate your use of the Site if such use is found or is reasonably suspected to involve or facilitate any unauthorized, illegal, abusive, or unethical act or a violation of these Terms. In addition, 5C reserves the right to deactivate, suspend, block or terminate your use of the Site, the Content or the Services immediately, without notice, in our sole discretion.
b. Termination of Use. The permission to use the Site granted by this Agreement automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any Content contained in this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
c. Waiver. Failure by 5C to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
10. Entire Agreement
These Terms, along with the Terms and Conditions of Sale, as applicable, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
11. Headings
The section headings used in these Terms shall not be given any legal import.
12. Assignment
These Terms of Use are not assignable, transferable, or sublicensable by you except with 5C’s prior written consent. 5C may assign its rights and duties under these Terms of Use at any time without notice to you.
13. Contact Information
All notices to and correspondence with 5C should be directed to info@5c.ai.