Terms & Conditions
For Marketers, Agencies, and SaaSprenuers
By checking the checkbox next to these Terms and Conditions of Use, clicking the “Purchase” button, and using our website, you (the "Customer") agree to be legally bound by these terms with 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO (referred to as "Company", "We", "Our", or "Us"). These terms cover your purchase and use of our products, including online courses and digital content.
5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO provides a collection of online resources, including classified ads, forums, catalogs, and various email services available on or through SaaS Pro Tools (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular
5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO services, you agree to abide by any applicable posted guidelines for all
5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to SaaS Pro Tools in its sole discretion. Although SaaS Pro Tools attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against SaaS Pro Tools for failing to adequately screen potential users or prevent the use of SaaS Pro Tools or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of SaaS Pro Tools to post content, or if you imply consent that 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO may post content on your behalf, either by written or oral means, or you fail to inform SaaS Pro Tools that content should be removed, you are equally responsible for the content. You waive any and all claims against 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on SaaS Pro Tools.
You understand that SaaS Pro Tools does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service.
By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO and Content available through the Service may contain links to other websites, which are completely independent of
5FMEDIA. 5FMEDIA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will 5FMEDIA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that SaaS Pro Tools does not pre-screen or approve Content, but that SaaS Pro Tools shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
5FMEDIA and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for SaaS Pro Tools to verify information provided by the seller of any item. You agree that SaaS Pro Tools shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that SaaS Pro Tools is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release SaaS Pro Tools, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to SaaS Pro Tool’s agent for notice of claims of copyright or other intellectual property infringement: by email: [email protected] include the following with your Notice to our Abuse Agent: The identity of the material on SaaS Pro Tools that you claim is infringing, in sufficient detail so that we may locate it on the website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; Your address, telephone number, and email address; A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and Your physical or electronic signature.
SaaS Pro Tools may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by SaaS Pro Tools’s Privacy Policy.
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability; with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract; that impersonates any person or entity, including, but not limited to, a SaaS Pro Tools employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);that includes personal or identifying information about another person without that person’s explicit consent; that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation if: posted in areas of SaaS Pro Tools which are not designated for such purposes; or emailed to SaaS Pro Tools users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted; “stalk” or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by SaaS Pro Tools; post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; post the same item or service in more than one classified category or forum; attempt to gain unauthorized access to Saas Pro Tools’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or SaaS Pro Tools; or use any form of automated device or computer program that enables the submission of Content on saas pro tools without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on SaaS Pro Tools’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from SaaS Pro Tools. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from SaaS Pro Tools.
You understand and agree that sending unsolicited email advertisements to Saas Pro Tools email addresses or through SaaS Pro Tools computer systems is expressly prohibited by these TOU Any unauthorized use of SaaS Pro Tools computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
You acknowledge that SaaS Pro Tools may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that SaaS Pro Tools has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that SaaS Pro Tools reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that SaaS Pro Tools shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
SaaS Pro Tools grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by SaaS Pro Tools. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services. SaaS Pro Tools does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by SaaS Pro Tools to do so. You may create a hyperlink to the home page of SaaS Pro Tools, so long as the link does not portray SaaS Pro Tools, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. SaaS Pro Tools may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. SaaS Pro Tools permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “SaaS pro tools” as the source, (d) your use or display does not suggest that SaaS pro tools promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden SaaS Pro Tools’s systems. SaaS Pro Tools reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by SaaS Pro Tools immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from SaaS Pro Tools that has been signed by one of SaaS Pro Tools’s authorized representatives.
You agree that SaaS Pro Tools, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Saas Pro Tools believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Saas Pro Tools shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of SaaS Pro Tools. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of SaaS Pro Tools, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. SaaS Pro Tools, as well as certain other of the names, logos, and materials displayed on SaaS Pro Tools, constitute trademarks, trade names, service marks or logos (“Marks”) of SaaS Pro Tools or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with SaaS Pro Tools or those other entities. Although SaaS Pro Tools does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SaaS Pro Tools an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant SaaS Pro Tools all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
YOU AGREE THAT USE OF
5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SaaS Pro Tools AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SaaS Pro Tools DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF SaaS Pro Tools AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SaaS Pro Tools DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SaaS Pro Tools OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON SaaS Pro Tools OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, SaaS Pro Tools DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH SaaS Pro Tools OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PROOR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PROBE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SaaS Pro Tools HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF SaaS Pro Tools OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF SaaS Pro Tools OR THE SERVICE, FROM INABILITY TO USE SaaS Pro Tools OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF SaaS pro tools OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO OR THE SERVICE OR ANY LINKS ON SaaS Pro Tools OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PROOR THE SERVICE OR ANY LINKS ON 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold SaaS Pro Tools, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and SaaS Pro Tools and govern your use of the Service, superseding any prior agreement between you and SaaS Pro Tools. The failure of SaaS Pro Tools to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOU by sending an email to [email protected] failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO to pursue legal action to enforce the TOU, you will be liable to pay SaaS Pro Tools the following amounts as liquidated damages, which you accept as reasonable estimates of SaaS Pro Tools’s damages for the specified breaches of the TOU: If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay 5FMEDIA one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. If SaaS Pro Tools establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access saas pro tools in excess of such limits, whichever is higher. If you send unsolicited email advertisements to SaaS Pro Tools email addresses or through 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO computer systems, you agree to pay SaaS Pro Tools twenty five dollars ($25) for each such email. If you post Content in violation of the TOU, other than as described above, you agree to pay SaaS Pro Tools one hundred dollars ($100) for each item of Content posted. In its sole discretion, 5FMEDIA may elect to issue a warning before assessing damages. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay 5FMEDIA one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay 5FMEDIA an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without 5FMEDIA express written permission, you agree to pay SaaS Pro Tools three thousand dollars ($3,000) for each day on which you engage in such conduct. Notwithstanding any other provision of the TOU, 5FMEDIA retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
We welcome your questions and comments. Please send them to [email protected]
SaaS Pro Tools offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services. As a condition to your use of the Programs and as material inducement on the part of SaaS Pro Tools and its Affiliates to offer the Programs, you expressly acknowledge and agree that: Use of the Programs are at your sole risk. SaaS Pro Tools and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to: For Consumers:
a) the Programs) the Professional) the Services to be performed by any Professional) your use of the Programs) the engagement by you of any Professional) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the liked) any other matter relating to the Programs.
- In no event will SaaS Pro Tools’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.- SaaS Pro Tools and its Affiliates do not provide, nor will they provide, any service to or for you, nor is SaaS Pro Tools and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect. For Professionals:) the Programs) the Consumers) the agreement between you and the Consumer. SaaS Pro Tools, its Officers, Directors, Members and Employees, as well as SaaS Pro Tools Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to) your use of the Program) the engagement of you by any Consumer) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the liked) any other matter relating to the Programs.- In no event will SaaS Pro Tools’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.- SaaS pro tools and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect. Questions about our services programs may be directed to: [email protected] pro tools, its Officers, Directors, Members and Employees, as well as SaaS Pro Tools Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
Legal Disclaimer: By logging in to your SaaS Pro Tools account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.1) Parties: This “Agreement” between “I” or “me” or the “Company” and SaaS Pro Tools. (“SaaS Pro Tools”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.2) Content: I hereby license to SaaS Pro Tools the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on SaaS Pro Tools and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website SaaS Pro Tools at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but SaaS Pro Tools retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for SaaS Pro Tools to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my SaaS Pro Tools account with any updates to the Content necessary to keep such Content accurate and representative of my products. SaaS Pro Tools and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.3) Fees:(a) Membership: Price as stated on SaaS Pro Tools at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30-day billing cycle. All yearly payments are paid upfront at the beginning of the 365-day billing cycle. Payments are automatically deducted from the account on file each billing cycle unless I cancel my account. All LIFETIME memberships are a one-time never pay again fee and are non-refundable due to the nature of the content and courses provided.4) Length of Contract: This Agreement is valid up to and until I cancel my account. In the case that I cancel my account before the yearly fee is fully deducted, I will be invoiced or charged the balance of the remaining agreed membership level account.5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, SaaS Pro Tools may attempt to contact me to determine updated account information. SaaS Pro Tools will wait thirty (30) days before canceling my membership and sending the final invoice.6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my yearly billing cycle. SaaS Pro Tools may terminate this agreement at will. In the event, SaaS Pro Tools terminates this agreement early, and I am not in violation of any term of this Agreement, I will not receive a prorated reimbursement for the portion of the billing cycle remaining. We also reserve the right to terminate our agreement should you receive a series of complaints based on your sellers agreement. 7)
CANCELLATION POLICY: Our Members May Cancel Any time before their next renewal date. You may upgrade, downgrade or cancel inside your account. When signed up to make your payment, you agreed to these terms. If you have a lower yearly rate, like a founder's rate, you decide to cancel and sign up later. You must purchase your seller's profile at the current year date and time fees available. We can not back-date or offer past pricing, so you are at the mercy of the current pricing should you decide to cancel and sign up or reactive your account at a later date.
SELLERS & AFFILIATES FOR SaaSPROTOOLS: We do not take a commission or charge a % of sales fees for products sold on this website www.SaaSPROTOOLS.com. Some sellers allow us to participate in their affiliate programs. In which case we do earn a small commission based on the sellers that we promote via our affiliate links. All sellers (www.SaaSPROTOOLS.com) must agree to abide by their own terms and conditions. We ask our Sellers to create a profile with an email that is NOT for public use. This is for us to send you direct emails related to your account and for visitors to send a message via our site to forward to you. You must provide a valid website or URL link to display the software or services that you are providing. You may add sign up links, free trial links, and links to purchase. Having a Terms and Conditions is also important for visitors to know and agree to your DIRECT terms and conditions. All Sales are between the SELLER and the VISITOR. Our goal is to drive traffic to your software and/or services. All visitors may research, search, and review each seller's profile, software, services, videos, photo gallery or portfolio, along with other special features provided by SaaS PRO TOOLS guide. We do not accept direct payment or transaction fees of any kind. You are responsible as the seller to provide a clear offering and terms and conditions when visitors purchase your product. We reserve the right to remove your sellers profile and features if any terms and conditions have been found to be in violation. We do make a commission from Affiliate sales on some of our partners listed in the SaaSPROTOOLS site.
AFFILIATES PAYOUT for 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO:
Our Affiliate Partners can sell our ALL ACCESS PASS yearly program along with other campaigns we offfer from time to time. They earn a 40% commission for sharing our affiliate partner campaign links. Affiliates are not allowed to sign up using their link to get a % of commission for their own sale but can share their affiliate link to potential partners, customers, and people they might find our SaaS PRO U courses and resources helpful. Our goal in the affiliate partner program with SaaS PRO U is to help our ALL ACCESS PASS members cover their yearly costs by sharing their link. It's a win-win for everyone. Our affiliate program is only available for our SaaS PRO U programs and products as per the campaign links inside the ACCESS Community group. If you wish to sign up to be an affiliate you can find the link at the footer our our www.SaaSPROU.com website. Our SaaS PRO U programs are for businesses, marketers, agencies, saaspreneuers, and entrepreners who are on our ALL ACCESS PASS yearly pass. We provide white label courses and digital goods for these partners that allow commissions to be earned.
Affiliate Partner Links
As part of our commitment to provide value to our customers, we partner with various third-party services that we believe may benefit your business. Specifically, we are an affiliate partner of HighLevel (gohighlevel.com). We earn a commission when you register with HighLevel using our affiliate links. Please note that while we recommend HighLevel, we are independent of the HighLevel organization. We are not a part of HighLevel, and all support or service inquiries related to HighLevel services should be directed to their support team. We provide these links for your convenience and to offer you potential tools for your business growth; however, your engagement with HighLevel is separate from your relationship with us.
Reseller Information
We 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO purchase products from resellers from time to time to help provide the best value possible for your business needs. Our products or NOT allowed for resell unless specifically stated that you can resell the product. However, we purchase products to add to our site that we have purchased resell rights and are allowed to resell on our sites. This is only sometimes the case, as we provide our own content and creations. It is important to note that we have resell rights for specific products.
Definition of Reseller: A "Reseller" refers to any third party, business, agency, or individual that offers digital goods for sale through our website.Role of Our Platform: Our platform purchases digital goods from licensed sources and then makes them available for resale. We ensure that all digital goods offered on our website have been acquired through legitimate channels and are licensed for resale. We are not the creators of all of these digital goods, and our role is limited to sourcing and reselling these items.Disclaimer of Liability: We are not liable for any issues related to the digital goods sold by Resellers on our website. This includes but is not limited to the quality, legality, or delivery of said goods. Any purchase made from a Reseller through our website is strictly at your own risk.Disputes with Resellers: Any disputes concerning goods purchased from a Reseller via our platform must be addressed as soon as possible. We do not mediate or resolve any disputes between resellers.Indemnification: By purchasing digital goods through our platform, you agree to indemnify, defend, and hold harmless our company, its directors, employees, and agents from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use of digital goods purchased from Resellers.Changes to Reseller Listings: Resell items we provide on our website may alter their available digital goods or prices at any time, without notice, and at their sole discretion. We do not guarantee the availability or price of any digital goods a Reseller may offer.
Sellers, Freelancers, and Agencies understand and agree that SaaS PRO TOOLS is not involved in or responsible for any work Freelancer(s) perform. We do not accept payments nor have any control over the work. SaaS PRO TOOLS does not guarantee how a seller or Freelance will perform. We do not have the power or authority to do this. Sellers provide direct terms and conditions for any project, software, or service. The visitor selects the seller or freelancer, and the agreement is exclusive to the parties involved, not SaaS PRO TOOLS. We recommend that visitors read reviews and customers leave reviews to communicate how each seller, software provider, or freelancer has performed their given request from the visitor.
Subscription Terms
Subscriptions to our services can be modified or canceled by the customer at any time before the next renewal period. For designers or those who require extensive use of our products, we recommend our unlimited memberships, which provide access to unlimited products, bundles, courses, accelerator programs, and any other offerings listed on our website. If you are not on a subscription, each template pack purchase may be used for one project/business only, but you can reuse the templates as many times as you want to within the one project/business.
Product and Subscription Access
Single Purchase Access:
Customers who purchase any product will receive an email with a link to download it. This link provides direct access to the digital content, which is available for immediate use under the terms outlined in the [Use of Content] section of this agreement.
UNLIMITED and ALL ACCESS VIP Subscriptions: Customers who subscribe to our UNLIMITED or ALL ACCESS VIP yearly subscription gain unlimited access to a diverse range of digital products. This subscription functions as a membership, providing access to regularly updated assets, which may be weekly, monthly, quarterly, or yearly. Access to these assets is facilitated through a membership course available on our platform.
Subscription Terms and Renewal: Access to the course and the related digital products is contingent upon an active subscription. Access will be terminated immediately upon expiration if the subscription is not renewed. It is the subscriber’s responsibility to ensure that their subscription is kept active to maintain access.Post-Subscription Access and Use: Subscribers must cease using any products accessed through the membership course immediately if their subscription is not renewed. Continued use of the products post-subscription violates this agreement and may result in legal action.
Modification of Subscription Terms: We reserve the right to modify, enhance, or terminate the UNLIMITED and ALL ACCESS VIP subscriptions at any time. Subscribers will be notified of significant changes to the terms and/or scope of their subscriptions.
TERMS OF USE SUMMARY
Acceptance of Terms By accessing and using the services provided by
5FMEDIA , you agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and SaaS PRO Tools.
Description of Services
5FMEDIAprovides various services, including but not limited to, the promotion and sale of digital products and software licenses. These services are subject to these Terms of Service. User Responsibilities You are responsible for maintaining the confidentiality of your account information, including your login credentials. You are also responsible for all activities that occur under your account. Any unauthorized use of your account should be reported to
5FMEDIA immediately. Intellectual Property All content and materials provided through the 5FMEDIA services, including but not limited to text, graphics, logos, images, and software, are the intellectual property of 5FMEDIA or its licensors. You agree not to modify, reproduce, distribute, or create derivative works based on this content without prior written consent. Third-Party Links and Content The 5FMEDIA may contain links to third-party websites or content. 5FMEDIA does not endorse or assume any responsibility for the content or actions of these third parties. You access such links or content at your own risk. Limitation of Liability 5FMEDIA and its affiliates will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the services, even if 5FMEDIA has been advised of the possibility of such damages.
Termination
5FMEDIA reserves the right to terminate or suspend your access to the services at any time, without prior notice or liability, for any reason, including if you breach these Terms of Service. Entire Agreement These Terms of Service, along with any additional terms or agreements incorporated by reference, constitute the entire agreement between you and 5FMEDIA regarding the use of our services. Waiver and Severability The failure of 5FMEDIA to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Assignment You may not assign or transfer these Terms without 5FMEDIA prior written consent.
5FMEDIA may freely assign or transfer these Terms without restriction. These Terms will bind and benefit the parties, their successors, and permitted assigns. Notices Any notices or communications, including modifications to these Terms, will be provided in writing by 5FMEDIA for SaaS PRO U, DIGITAL CREATOR PRO, & COURSE BUILDER PRO via email or by posting on the website. The date of receipt for email notices will be the date of transmission. Questions or Concerns If you have any questions or concerns regarding these Terms, please contact us at [Your Email Address].
Thank you for reviewing these Terms. We hope you enjoy using our services and appreciate your cooperation in complying with these terms.
Disclosure: 5FMEDIA, SaaS PRO TOOLS, SaaS PRO U, Food Fashion Fitness Family Fun, DigitalCreatorPRO, and CourseBuilderPRO, are independent entities from HighLevel. We are not an agent or employee of HighLevel and have no authority to make binding contract or represent HighLevel. We receive referral payments from HighLevel. The opinions expressed here are our own and shall NOT be interpreted or considered as representations, guarantees, or statements made by HighLevel Inc or any of its subsidiaries, agents, or assigns.
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