ACCEPTANCE OF TERMS
All user-supplied information, articles, materials, files, communications, and documents are referred to collectively as “User Content.” “5 Day Method Content” means all Materials provided by 5 Day Method. User Content, and 5 Day Method Content may have different restrictions and conditions associated with them.
TYPES OF USERS
This website accommodates two types of users: (1) Site visitors who wish to view agent profiles or browse products and other materials and services offered through the Site. Site users will also be permitted to submit limited questions and comments to the Site forum and blog subject to the terms of this agreement. (2) This Site also accommodates Members who pay a membership fee in exchange for privileges on the Site. Please be aware that certain activities on this Site, including the creation and maintenance of profiles and the free access to forum and blog postings, may be limited to Members. Members may be required to create a profile and provide certain information, such as an email address.
The terms and conditions expressed in this agreement apply to all users and visitors of this Site.
Members: Your membership subscription – included with your original C5DS Designation training purchase – is effective for the period of one year and continues upon your payment of the annual membership fee. Renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive membership term until you cancel your membership. This will be done without prior notice to you. Should you choose to cancel your membership for any reason before expiration of the one-year membership term for which you have paid, you may cancel your membership and terminate further billing by calling C5DS Member Services (888-573-7235). In no event will you be eligible for a prorated refund of any portion of your paid membership fee. The current membership fee is $199 if paid within forty-five (45) days of the renewal term start date. However, 5 Day Method reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership. If your membership is cancelled by your choice, or through non-payment of the renewal fee, and more than forty-five (45) days pass from your renewal date, there will be the following requirements in order to reactivate your membership:
Completion of an audit C5DS course with payment for the audit at the current rate. The current C5DS audit rate is $249.
Payment of your annual renewal fee at its current rate. The current membership renewal fee is $199.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by 5 Day Method, this Site may also make available materials, information, and services provided by third parties, including Member agents who advertise their services on the Site (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. 5 Day Method offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by 5 Day Method. You agree that you will not hold 5 Day Method responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the 5 Day Method Content and User Content available on this Site subject to the following conditions:
- The 5 Day Method Content and User Content may be used solely for personal, informational, and internal purposes.
- The 5 Day Method Content and User Content may not be modified or altered in any way.
- The 5 Day Method Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices contained in the 5 Day Method Content and User Content.
- 5 Day Method reserves the right to revoke the authorization to view, download, and print the 5 Day Method Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from 5 Day Method.
- The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the 5 Day Method Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of 5 Day Method or other third parties. You are not permitted to use the Marks or any of 5 Day Method’s designations without the prior written consent of 5 Day Method or such third party that may own the Marks.
LICENSE TO 5 DAY METHOD FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content, such as the Site forums, blogs and agent profiles. By submitting User Content to this Site you grant 5 Day Method a perpetual worldwide, royalty-free, non-exclusive copyright license to modify, compile, reproduce, publish, distribute, commercialize, monetize, sell and otherwise use such content for advertising and promotion without limitation. You also grant 5 Day Method the right to publicly display and perform any content you upload to this Site. If you do not agree to have your uploaded content used by 5 Day Method in the manner outlined in this agreement, please refrain from uploading or submitting any User Content to or through this Site.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another Member’s account, password, service, or system without authorization from 5 Day Method; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
5 Day Method reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. 5 Day Method may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, 5 Day Method will have no liability related to User Content. 5 Day Method disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and 5 Day Method or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, 5 Day Method makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any 5 Day Method informational products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) you will financially profit from using 5 Day Method’s process and/or methodology.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. 5 Day Method may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date at times, and 5 Day Method will make a good-faith effort, but makes no commitment, to update such Materials or Services.
You understand and acknowledge that (i) 5 Day Method does not control, endorse, or accept responsibility for any content, advice, products, or services offered by third parties, Members or Certified 5 Day Specialists (C5DS) through the Site, including, without limitation, third parties accessible through links on the Site; (ii) 5 Day Method makes no representation or warranties whatsoever about any such third parties or Site Members, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) 5 Day Method shall not be liable or responsible for any content, products, or services offered by third parties, Members and Certified 5 Day Specialists. Any in-person meeting between you and another site visitor, Member or Certified 5 Day Specialist is done at your own risk. 5 Day Method does not screen the Site visitors or Members and therefore cannot take responsibility for the integrity of its users and/or Members. Please take reasonable safety precautions when meeting Site Users in-person or when dealing with other Site users generally.
PERSONAL INFORMATION AND PRIVACY
Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of 5 Day Method or others.
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall 5 Day Method, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not 5 Day Method has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party (including Members and Certified 5 Day Specialists) on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by 5 Day Method from its offices within the state of Texas, United States of America. By accessing this Site, you and 5 Day Method agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. Subject to the Arbitration Clause below, you and 5 Day Method also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within Travis County, State of Texas with respect to such matters.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential binding arbitration in Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate 5 Day Method’s intellectual property rights, 5 Day Method may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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.
If you have registered for a C5DS Live! event, you may cancel your registration up to one-week prior to the event and receive a full refund. There will be a 4% service fee for all refunds. Within the one-week period, you may request to transfer to another C5DS Live event or receive access to our C5DS Distance Learning course. If you decide to take the C5DS Distance Learning course, please inform Member Services to have your materials shipped out to you.
All events are subject to cancellation. In the event a course is canceled, for any reason, Magellan Education will work to reschedule or transfer students to other events, but is not responsible for reimbursing travel costs.
Recording C5DS Live Classes:
5 Day Method often captures C5DS Live classes by video recording, by which all or some attendees may be recorded. These video recordings may be used for educational, training, analysis and promotional purposes. By attending, you grant 5 Day Method consent to record you, to use your image and likeness for commercial purposes, and you agree to release your rights to the recorded material. You agree that 5 Day Method shall have the perpetual right to derive profits from any such videos and recordings with no obligation to compensate you.
Your membership in the C5DS organization includes:
Access to the C5DS Community Forum (when it becomes available)
Full access to the C5DS logo
Limited license to use forms and select advertising materials
Access to the C5DS Video Archives and Resources Library (when it becomes available)
Updates to all materials
Access to exclusive deals from authorized vendors
Special discounts for future events
If you cancel, do not renew, or are otherwise have your membership revoked, you will no longer have access to these member benefits. However, having completed the C5DS training course, you will retain your ability to use the designation, which does not include use of C5DS logo.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
USAGE OF 5 DAY METHOD’S DESIGNATIONS
This Agreement. Under this license agreement (“Agreement”) between Magellan Education (“5 Day Method”) and you, and upon your acceptance of these Terms and Conditions, 5 Day Method grants to you a limited, personal, non-transferable, non-assignable, royalty-free, non-exclusive, revocable license to use the 5 Day Method, 5 Day Method Designation (C5DS) (collectively referred to herein as the “Marks”). You understand that misrepresentation or omission of facts is cause for denial or revocation of the right to use the Marks. You further understand that you may not use any of the Marks until you receive official notification of your authorization to do so by 5 Day Method. You affirm that you have read, understand, and voluntarily agree to be bound by the terms and conditions set forth below.
Ownership of the Marks. You understand that the Marks are owned and registered by 5 Day Method and 5 Day Method maintains full authority over the authorization to use the Marks.
Authorization. Subject to the terms and conditions outlined in this Agreement, 5 Day Method grants to you a limited, personal, non-transferable, non-assignable, royalty-free, nonexclusive, revocable license to use 5 Day Method’s Marks in connection with advertising your services to the public. No other rights are granted except for those explicitly granted herein.
Term of Use. Permission to use the Marks exists solely for the authorization period, as defined by 5 Day Method, or for the term of your C5DS Membership (or other related membership), as defined by 5 Day Method. At the end of such authorization period, or if 5 Day Method otherwise revokes this license, the authorization under this Agreement expires, all rights to use the 5 Day Method’s Marks terminate, and you must immediately cease use of any and all Marks previously granted to you. 5 Day Method may terminate any rights you have in the use of the Marks as provided in this Agreement.
Restriction on Use. Without limiting the other terms and restrictions set forth in this Agreement, and unless otherwise approved by the 5 Day Method in writing, you will not, directly or indirectly: (i) use the Marks in conjunction with the sale or promotion of any tangible goods, (ii) state or imply that 5 Day Method has made a determination on the merits or quality of any services you render, (iii) license or permit others to use the Marks, (iv) use the Marks in a manner that implies another individual or company is qualified to use the Marks, (v) use the Marks in violation of 5 Day Method’s current or future policies and procedures, or (vi) use the Marks for purposes other than to publicize your certification. You understand that the designation is personal in nature and you may not imply that your brokerage company is certified by 5 Day Method. 5 Day Method reserves the right to revoke your rights to use the Marks if 5 Day Method deems your use of the Marks to be contrary to its mission, or if your use of the Marks reflects poorly on 5 Day Method or other 5 Day Method members, as 5 Day Method in its sole discretion may determine.
Other 5 Day Method Trademarks. You understand the right to use 5 Day Method’s Marks is limited to those Marks that 5 Day Method expressly grants you permission to use.
Compliance with 5 Day Method Standards, Rules and Policies. You have read, understand, and will comply with all rules and policies contained in 5 Day Method’s materials and those posted on the 5 Day Method’s website, all of which are incorporated herein by reference, as they presently exist and as they may be amended from time to time.
Revocation of Right to Use. 5 Day Method retains the absolute and unrestricted right to revoke, at its sole discretion, any rights you have to use any Marks, if 5 Day Method finds that you have failed to comply with 5 Day Method’s Rules, Standards, Policies or Procedures or the terms and conditions outlined in this Agreement. In addition, if 5 Day Method, in its sole discretion, determines that you have misused the Marks, have acted in a manner unbecoming a Certified 5 Day Specialist, used the Marks in a manner that reflects poorly on 5 Day Method, used the Marks in a manner contrary to 5 Day Method’s mission, as determined by 5 Day Method, violated any law or regulation, 5 Day Method may revoke your rights to use the Marks with no refund to you. Upon termination you agree that you will immediately cease use of the Marks, change the manner in which you use the Marks as requested by 5 Day Method, or comply with any other remedy 5 Day Method deems appropriate for the circumstances. Failure to respond to inquiries, notices, or investigations initiated by 5 Day Method or its assigned agent(s) may result in termination of any rights you have in the use of the Marks.
Quality of Services. You agree that 5 Day Method may monitor the provision of services provided by you in association with the Marks and that, in the event that 5 Day Method determines that the quality of those services does not meet 5 Day Method’s standards, as it determines in its sole discretion, 5 Day Method may terminate this license to use the Marks. Likewise, 5 Day Method may terminate your right to use the Marks because of your close association with another service provider that 5 Day Method in its sole discretion deems contrary to 5 Day Method’s mission. Upon termination of this license, you shall immediately cease to use or display any of the Marks for any purpose whatsoever.
Indemnification. Neither 5 Day Method nor its directors, officers, employees, or others acting on its behalf shall be liable to you for any actions taken or omitted in an official capacity or in the scope of employment, except to the extent that such actions or omissions constitute willful misconduct or gross negligence, and you hereby release 5 Day Method and the persons identified above from any liability for any such actions or omissions. You further agree to defend, indemnify, and hold harmless 5 Day Method and its directors, officers, employees, and agents from and against any and all claims, demands, judgments, awards, and expenses related thereto (including court costs and reasonable fees of attorneys and other professionals) brought or threatened by any third parties, including your clients, arising out of: (i) any breach by you of the terms and conditions of this Agreement; (ii) any failure by you or your authorized agents to comply with applicable laws; (iii) the services provided by you, (iv) any unauthorized representation, warranty, agreement or the like, express or implied, made by you or your authorized agents to or with any third party with respect to any acts or omissions (including statements, representations or warranties not authorized by 5 Day Method); or (v) acts or omissions taken by you in connection with the use of the Marks. Notwithstanding the above, 5 Day Method expressly reserves the right to retain separate counsel to participate in the defense or settlement of any such claims.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL 5 DAY METHOD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OF BUSINESS, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OR THE INABILITY TO USE ANY OF 5 DAY METHOD’S MARKS, INCLUDING WITHOUT LIMITATION THE REVOCATION OF YOUR AUTHORIZATION UNDER THIS AGREEMENT, EVEN IF 5 Day Method HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 5 DAY METHOD’S LIABILITY UNDER THIS DECLARATION AND AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND DEFAMATION) OR OTHERWISE, EXCEED THE AMOUNT I PAID IN APPLICATION/ATTENDANCE FEES FOR 5 DAY METHOD’S COURSES. LIABILITIES SHALL BE LIMITED AND EXCLUDED, EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Entire Agreement. This Agreement and the documents incorporated herein by reference constitute the complete agreement and supersede all prior or contemporaneous oral or written representations and warranties. 5 Day Method may modify the terms and conditions in this Agreement from time to time and you shall be bound by such modification even if your use of the Marks began prior to 5 Day Method’s modification to this Agreement. No modification by you to this Agreement shall be binding upon 5 Day Method unless in writing and signed by 5 Day Method.
Assignment. You will not assign or transfer any of your rights or obligations under this Agreement. Any assignment or delegation by you of this Agreement or any of your rights or obligations hereunder shall be null and void. 5 Day Method may assign its rights herein, without your prior consent.
Relationship. Your relationship with 5 Day Method is that of a designee granted the right to use the Marks of an institution and in no way constitutes an independent contractor, partnership, franchise, joint venture, agency, or employment relationship.
Severability. If any provision of this Agreement shall contravene, be invalid under or be inconsistent with the laws of the country or jurisdiction in which this Agreement shall be performed or enforced, or any portion thereof, then such contravention, invalidity or inconsistency shall not invalidate this entire Agreement. Such provision shall be deemed to be modified to the extent necessary to render it valid and enforceable and if no such modification shall render it valid and enforceable, then this Agreement shall be construed as if not containing the provisions held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly.
Waiver. No delay on the part of 5 Day Method in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single partial exercise of any power or right hereunder preclude other or further exercise thereof or the exercise of any other power or right. No waiver shall be deemed by any course of conduct or acquiescence and shall not be enforceable against 5 Day Method unless in writing, signed by 5 Day Method, and shall be limited solely to the one event.
Enforcement. If you do not cease use of any and all Marks immediately upon revocation, relinquishment, or termination, or you violate the provisions of this Agreement, such action shall be considered exceptional, and you will pay any expenses 5 Day Method may incur while enforcing this provision, including, but not limited to, attorney’s fees.
Choice of Law; Forum. This Agreement and any action relating thereto shall be governed by and construed and enforced in accordance with the laws of the State of Texas. No choice of law rules of any jurisdiction will apply. Any dispute relating in any way to your use of the Marks shall be submitted to confidential arbitration in Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate 5 Day Method’s intellectual property rights, 5 Day Method may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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.