Last Modified: May 12, 2021
Terms of Use
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
I. Acceptance of the Terms of Use
These terms of use are entered into between You and Fifth Window, Inc. (“Fifth Window,” "Organization," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of Fifth Window’s content, functionality, purchases, and services offered on or through the Fifth Window mobile app (collectively, “Services”), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start using the Services. By using the Services, you accept and agree to be bound by these Terms of Use. If you do not want to agree to these Terms of Use, do not access or use the Services.
The Services are offered and intended for use by those who are:
In the United States and its territories or possessions;
18 years of age or older;
A nursing student actively enrolled part or full-time in an accredited nursing program, licensed nurse, or other licensed healthcare practitioner; and
Who have agreed to our Terms of Use (collectively “User”).
If you do not meet these requirements, do not access or use the Services.
II. Changes to the Terms of Use
We may revise and update these Terms of Use, from time to time at our sole discretion. All changes are effective immediately when we post them. If a change is material, we may ask you to re-accept the Terms of Use.
Your continued use of the Services following the posting of the revised Terms of Use means that you accept and agree to the changes. You should bookmark these Terms of Use (https://fifthwindow.com/terms-of-use) so you can easily find and review them.
III. Use of Service
A. The Services and the text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") of Organization ("Fifth Window Content") are the property of Organization or Organization’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Services, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Fifth Window Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or the Organization. You promise and agree that you are using the Services and Fifth Window Content for your own personal, non-commercial use and that you will not redistribute or transfer the Services or the Fifth Window Content.
B. The Organization software applications and the Fifth Window Content are not sold or transferred to you, and the Organization and its licensors retain ownership of all copies of the Organization software applications and Fifth Window Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (collectively, "Devices").
C. The Organization name, the terms, the Organization logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Organization or its affiliates or licensors. You may not use the Organization’s trademarks without the prior written permission of the Organization. All other names, logos, product and service names, designs, and slogans that may appear with the Services belong to their respective owners.
IV. Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion with or without notice. From time to time, all or part of the Services may be unavailable.
You are responsible for making all arrangements necessary for you to access the Services.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features of the Services, is governed by our Terms of Use, and you consent to all actions we take with respect to your information consistent with our Terms of Use.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately if you become aware of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared internet connection so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or your account has been hacked.
V. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To abuse, harass, threaten, or intimidate other users on the Services.
To send, knowingly receive, upload, download, use, or re-use any material that we deem inappropriate.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To access any other User’s personally identifiable information and in particular, you agree not to impersonate or attempt to impersonate the Organization, an Organization employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Organization or Users of the Services, or expose them to liability.
To access the Services using any other User’s credentials.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Modify, adapt, or hack the Services or modify another Services so as to falsely imply that it is associated with Organization.
Access Organization’s Services by any other means other than the Services itself for which you are using your own access credentials.
Crawl, scrape, or otherwise cache any content from the Services including but not limited to user profiles, photos, and videos.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, mobile device, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
k. Otherwise use the Services for any illegal or unethical purpose, or attempt to interfere with the proper working of the Services.
C. Violations of any of these agreements will result in the termination of your account on the Services. While Organization prohibits such conduct and content on its Services, you understand and agree that the Organization cannot be responsible for the Content, including Fifth Window Content and Content of Users (“User-Generated Content”) posted on its Services, and you nonetheless may be exposed to such materials and that you use the Services at your own risk.
VI. Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. The Services may include content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Organization. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties, including those materials posted on third-party websites.
VII. Changes to the Services
We may update the Content on these Services from time to time, but the Services’ Content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
VIII. Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes sponsored links and third-party resource links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damages that may arise from your use of them. If you decide to access any of the third-party websites linked to these Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
IX. Disclaimer of Affiliation
A. To access the Services or some of the resources offered by the Services, you will be asked to provide certain registration details or other information, including but not limited to, a healthcare license number. The Organization uses a third-party company to verify the validity and up-to-date registration of this license number (“Third-Party Company”). This is to ensure that those who are intended to use the Services are indeed authorized to do so. Third-Party Company may have their own terms and conditions of use and privacy policies, and your use of Third-Party Company’s services will be governed by and subject to such terms and conditions and privacy policies. It is a condition of your use of the Services that all the information you provide to Third-Party Company is correct, current, and complete. You understand and agree that Organization does not endorse and is not responsible or liable for the behavior, features, or content of the Third-Party Company or for any transaction you may enter into with the Third-Party Company, nor does Organization warrant the compatibility or continuing compatibility of the Third-Party Company with the Services.
X. Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, videos, audio, and the design, selection, and arrangement thereof) are owned by the Organization, its licensors, or other providers of these materials and may be protected by United States and international copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
Your phone may temporarily store copies of the Services’ materials incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your mobile phone for display enhancement purposes.
You may download a single copy of the Services to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Use for such applications.
Without our prior written approval, you may not:
Modify copies of any materials from the Services.
Use any illustrations, photographs, videos, audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material associated with the Services, other than that as set out in this section, please address your request to: hello@fifthwindow.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Organization. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
XI. Proprietary Rights in Content on the Services
A. The Organization does NOT claim ANY ownership rights in the User-Generated Content that you post on or through the Services. By displaying or publishing ("Posting") any Content on or through the Services, you hereby grant to Organization a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Content in any media formats through any media channels, except Content not shared publicly ("Private") will not be distributed outside the Services.
B. You represent and warrant that: (i) you have read and agreed with Organization’s Privacy Notice (https://fifthwindow.com/privacy-poliy) (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, (iii) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iv) the posting of your Content on the Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Services.
C. The Services contains Fifth Window Content, which is protected by copyright, trademark, patent, trade secret and other laws, and Organization owns and retains all rights in the Fifth Window Content and the Services. Organization hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Fifth Window Content (excluding any software code) solely for your personal use in connection with viewing or using the Services.
D. The Services contains User-Generated Content and content of other Organization licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User-Generated Content and content of other Organization licensors appearing on or through the Services.
E. Organization performs technical functions necessary to offer the Services, including but not limited to transcoding and/or reformatting User-Generated Content to allow its use throughout the Services.
F. Although the Services and other services are normally available, there will be occasions when the Services or other services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Organization. Also, although Organization will normally only delete Content that violates this Agreement, Organization reserves the right to delete any Content for any reason, without prior notice. Deleted Content may be stored by Organization in its backup systems or in order to comply with certain legal obligations and is not retrievable without a valid court order, for example. Consequently, Organization encourages you to maintain your own backup of your Content. In other words, Organization is not a backup service. Organization will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
XII. Subscription Options
A. The Organization provides personalized services with social and interactive features for health and wellness videos, guided meditations, and other Content as well as other products and services that may be developed from time to time, including all associated features and functionalities, website and user interfaces, as well as all content and software applications associated with our Services (collectively, the "Subscription").
B. You can find a description of our Subscription options on our website, and we will explain which Subscription options are available to you when you create an account on the Services. Certain options are provided to you free-of-charge (“Free Subscription”). Other options require payment before you can access them ("Paid Subscription"). We reserve the right to modify, terminate, or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms of Use.
XIII. Payments and Cancellations
A. You may purchase a Paid Subscription directly from Organization by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Subscription for a specific time period ("Pre-Paid Period").
B. The Organization may change the price for the Paid Subscription, including recurring subscription fees or the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next Subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Subscription after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
C. Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Organization through which you purchased the Paid Subscription will automatically renew at the end of the applicable Subscription period, unless you cancel your Paid Subscription before the end of the then-current Subscription period by following the cancellation link available within the Services. The cancellation will take effect the day after the last day of the current Subscription period, and you will be downgraded to the Free Subscription. We do not provide refunds or credits for any partial Subscription periods.
D. If you purchased your Paid Subscription through Organization and you cancel your payment or Paid Subscription and/or terminate any of the Terms of Use before the end of the current Subscription period, we will not refund any Subscription fees already paid to us. When we process any refund, we will refund amounts using the method you used for payment.
XIV. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that Content available for downloading from the 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 Services 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 MOBILE PHONE EQUIPMENT, DEVICES, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE ORGANIZATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XV. Limitation on Liability & Disclaimers
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ORGANIZATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL ORGANIZATION BE LIABLE UNDER ANY THEORY FOR MORE THAN ONE HUNDRED ($100) USD FOR ANY CLAIM OF ANY KIND AGAINST ORGANIZATION.
XVI. Indemnification
You agree to defend, indemnify, and hold harmless the Organization, 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 of Use, or your use of the Services, including, but not limited to, your User-Generated Content, any use of the Services’ Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
XVII. Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any matter relating to this Agreement, including the recordation of a final Arbitration Decision, shall be filed in the appropriate state or federal court in Santa Clara county, California.
XVIII. Dispute Resolution and Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE, OR YOUR USE OF THE SERVICES OR ANY PART OF THE SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION YOU GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.)
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Unless the parties agree otherwise, any such arbitration shall be conducted virtually. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
XIX. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
XX. Waiver and Severability
No waiver by the Organization of any term or condition set out in these Terms of Use 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 the Organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by an arbitrator, 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 of Use will continue in full force and effect.
XXI. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
XXII. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
XXIII. No Third-Party Beneficiaries
These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.
XXIV. Notices
To You. We may provide any notice to you under these Terms of Use by: (i) by personal delivery, (ii) overnight courier, (iii) registered or certified mail, (iv) text, or (v) your email. Notices provided by personal delivery, text, or email will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. It is your responsibility to keep your phone, physical address, and email address current.
To Us. To give us notice under these Terms of Use, you must contact us as follows: (i) by personal delivery, (ii) overnight courier, or (iii) registered or certified mail to 500 Jefferson Ave, Unit 818, Redwood City, CA 94063, with a courtesy copy by email to hello@fifthwindow.com. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
XXV. Entire Agreement
The Terms of Use constitutes the sole and entire agreement between you and Organization regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
XXVI. Your Comments and Concerns
All notices of infringement of your personal or intellectual property rights by the Services should be sent to: hello@fifthwindow.com
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: hello@fifthwindow.com.