Terms of Use

Terms of Use

Last Updated: August 13th, 2018

FifthTheory, LLC (“FifthTheory”) provides its content on FifthTheory.com (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without prior notice, so please check back from time to time. By accessing and using this Site, you agree to these Terms. For an explanation of FifthTheory’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.

1. Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the "Site Content") is the exclusive property of FifthTheory or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends), published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 – Use of site content. All rights not expressly granted are reserved.

2. Trademarks

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of FifthTheory and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to FifthTheory or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, FifthTheory or its licensors.

3. Use of site content

FifthTheory hereby grants Site visitors a limited, non-exclusive, non-transferable, revocable license to browse, interact with, and use the FifthTheory Site for business purposes.  Visitors may not reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without FifthTheory’s prior written consent. In addition, visitors may not “mirror” the Site Content or any portion thereof without FifthTheory’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any FifthTheory intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if Site visitors do not comply with these Terms.

4. User postings

Site visitors acknowledge and agree that FifthTheory shall own and have the unrestricted right to use, publish, and otherwise make full use of any and all information that they post or otherwise publish on the Site in postings, forums or message boards, questionnaires, survey responses, and otherwise, and they acknowledge and agree that, by providing us with any such submission, they automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise make full use of any such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, Site visitors hereby waive any claims against FifthTheory for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with FifthTheory’s use and publication of such submissions.

Site visitors agree and warrant  that they shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or  encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.

FifthTheory does not represent or endorse the accuracy or reliability of information posted to the Site by users. In addition, FifthTheory does not and cannot review all information posted to the Site by users and is not responsible for such information. However, FifthTheory reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

5. Notices of infringement and takedown by FifthTheory

In relation to the use of any FifthTheory blogs, forums, or message boards, a Site visitor is prohibited from posting any information that infringes on or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If visitors believe that their intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, they should write to FifthTheory at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) their name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that they have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

FifthTheory will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c) (3)). U.S. law provides significant penalties for submitting such a statement falsely. FifthTheory’s contact for submission of notices under this Section is:

Catalina Soto-Jones
Executive Vice President & General Counsel
FifthTheory, LLC
1220 N. Hoyne, Suite B
Chicago, IL 60622
Catalina.Soto@FifthTheory.com

6. Disclaimers

NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, OR ACCOUNTING ADVICE, AND SITE VISITORS SHALL REMAIN SOLELY RESPONSIBLE FOR THEIR USE OF ALL SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE CONTENT SHALL BE ENTIRELY AT THEIR SOLE DISCRETION AND RISK. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIFTHTHEORY AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY OR ADEQUACY OF THE SITE CONTENT. FIFTHTHEORY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER FIFTHTHEORY NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, FORESEEN OR UNFORESEEN, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

7. Indemnification

Site visitors hereby indemnify, defend, and hold harmless FifthTheory and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns ("FifthTheory Indemnified Parties") from and against any and all liability, expenses, costs, or other losses incurred by FifthTheory and/or FifthTheory Indemnified Parties in connection to any claims arising out of their use of the Site and/or any breach of any Site Terms.  FifthTheory reserves the right to seek legal fees and damages related to any matter subject to this indemnification.

8. Third-party websites & Providers

FifthTheory may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. FifthTheory has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.

9. Privacy

FifthTheory understands that Site visitors’ privacy is important to them and FifthTheory is committed to respecting their privacy and to protecting their personally-identifiable information (which is also referred to in some contexts and under some applicable laws as their personal data). FifthTheory’s Privacy Policy describes how FifthTheory uses and protects Site visitors’ personally-identifiable information, as well as how and with whom FifthTheory may share that information

YOU ARE ENCOURAGED TO PRINT AND TO READ THE PRIVACY POLICY CAREFULLY AND TO CONTACT FIFTHTHEORY IF YOU HAVE ANY QUESTIONS ABOUT FIFTHTHEORY’s PRIVACY POLICY OR THESE TERMS.

10. Governing law; jurisdiction

These Terms are governed by the laws of the State of Illinois without reference to the principles of conflicts of laws thereof.