TERMS AND CONDITIONS 

Welcome to The 5X COACH. We look forward to helping You grow Your business beyond anything You have done before, so You can take Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a The 5X COACH User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.

 

I. Definitions

A. “The 5X COACH” is a trademark of The 5X Company.

B. The 5X Company, the owner of the The 5X COACH and other trademarks. In this Agreement, references to “The 5X Company” as a Party mean and refer to The 5X Company VOF, and The 5X Company VOF’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.

B. “Parties” mean The 5X Company and You. The 5X Company and You are each a “Party.”

C. “Terms” mean and refer to the Terms and Conditions set forth herein.

D. “User” refers to a person who has created a The 5X COACH Account. “User Account” refers to a User’s The 5X COACH Account.

E. “You” and “Your” means the The 5X COACH User who has executed this Agreement by clicking “I Agree.”

 

II. Becoming a The 5X COACH User

By clicking “I Agree” to these Terms, transferring payment to The 5X Company, and creating a User Account, You become a The 5X COACH User. There are various products and services available to Users, and monthly prices applicable to such products and services. The 5X Company’s products, services, and prices are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted, By clicking “I Agree” and providing The 5X Company Your credit card information You authorize The 5X Company to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By Your continued use of The 5X Company services, and unless You terminate this agreement as provided herein, You agree that The 5X Company may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.

 

III. Term and Termination

Your User contract with The 5X Company begins when You click “I Agree,” and will continue month-to-month until either:

A. The 5X Company cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to The 5X Company.

 

OR

B. You provide The 5X Company ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to The 5X Company.

 

OR

C. Your credit card or The 5X Company’s charge is denied for any reason and You do not provide The 5X Company a new credit card within ten (10) days.

 

IV. Refunds for "HARD GOODS"

If You have purchased a “hard good” (for example, a book, MP3 player, or other tangible product) from The 5X Company sold under any of its brands or related brands, including without limitation The 5X COACH products, you may receive a limited refund if you comply with the following conditions:

1. You must request a refund in writing by contacting support@the5xcompany.com;

2. Your request for a refund must be made within thirty (30) days of your purchase;

3. You must return the hard goods to The 5X Company immediately, according to the shipping and other instructions you will receive by email after requesting a refund;

4. The hard goods must be returned to The 5X Company in like-new, or re-sellable condition, as determined in The 5X Company’s sole, reasonable discretion.

 

V. No License to use The 5X Company Marks

Any content on any The 5X Company website may constitute the intellectual property of The 5X Company. Except where expressly authorized, no material on any The 5X Company website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The The 5X COACH trademark and logo are proprietary marks of The 5X Company, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by The 5X Company or any of The 5X Company’s affiliates.

 

VI. Indemnity

You agree to protect, defend, indemnify and hold harmless The 5X Company, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against The 5X Company for liability for payments for, damages caused by, or other liability relating to, You.

 

VII. No Result Warranty. 

The 5X Company does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that The 5X Company will not at any time provide sales leads or referrals to You. Additionally, The 5X Company’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGE INTENT. The 5X Company MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY The 5X Company WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. The 5X Company MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY The 5X Company WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY The 5X Company WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY The 5X Company’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY The 5X Company’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The The 5X Company websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any The 5X Company website and these Terms, these Terms shall control.

 

VIII. Limitation of Liability. 

YOU AGREE THAT IN NO EVENT SHALL The 5X Company’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO The 5X Company FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST The 5X Company OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

 

IX. Force Majeure. 

The 5X Company will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of The 5X Company. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. The 5X Company shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

 

X. Assignment of Rights. 

The 5X Company may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without The 5X Company’s or its assigns express written consent.

 

XI. Information; Registration; Usernames and Passwords.

As a The 5X COACH User, You will be required to create an account with The 5X Company. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your The 5X COACH User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, The 5X Company under Your User Account. You agree to immediately notify The 5X Company of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that The 5X Company is not liable, and You will hold The 5X Company harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

 

XII. Release/Authorization to use Photographs. 

You grant The 5X Company permission to use any and all photographs taken by The 5X Company or its agents or employees, or submitted by You to The 5X Company as well as all written endorsements of The 5X COACH that you send to us, or that you post on social media (photographs, social media posts, and messages sent to The 5X COACH are hereinafter referred to as “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of The 5X Company or any product or service sold and marketed by The 5X Company. You agree that this authorization to use Photographs may be assigned by The 5X Company to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in The 5X Company’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against The 5X Company in exchange for this Release and Assignment. You hereby release and forever discharge The 5X Company from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

 

XIII. Prohibited Activity. 

The 5X Company has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:

 

A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to The 5X Company’s reputation; and the violation of the rights of The 5X Company or any third party.

 

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to The 5X Company’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

 

C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs (including but not limited to Marijuana derived CBD Oil), or that violates the intellectual property rights of another.

 

COMPLIANCE WITH LAW. Your use of our services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom you use our services to send Digital Messages (“Applicable Law”). You have the responsibility to be aware of and understand all Applicable Laws and ensure that you and all Users of your Account comply at all times with Applicable Law. Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Commitment Against Harassment and Interference with Others. You must not use our services to: Store, distribute or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or Commit (or promote, aid or abet) any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive. Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech.

 

SENSITIVE INFORMATION. You will not import, or incorporated into, any contact lists or other content You upload to any website, software, or other electronic service hosted or provided by The 5X Company, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

 

XIV. Contact

If You have any questions or complaints concerning any of the Terms, You may contact The 5X Company/ The 5X COACH by e-mail at support@the5xcompany.com, or by regular mail at Obrechtstraat 291, 2517TX, The Hague, The Netherlands.

 

 

XI.Digital Millennium Copyright Act

If You believe that materials or content available on any The 5X Company website infringes any copyright You own, You or Your agent may send The 5X Company a notice requesting that The 5X Company remove the materials or content from the The 5X Company website. Notices and counter-notices should be sent to The 5X Company by e-mail to support@the5xcompany.com.

 

XVI. Arbitration, Governing Law, and Attorneys’ Fees.

A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against The 5X Company including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in The Hague, The Netherlands. You agree not to file suit against The 5X Company or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and The 5X Company. In the event that You and The 5X Company are unable to reach agreement on an Arbitrator, You and The 5X Company will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of The Hague, The Netherlands. The arbitrators selected by You and The 5X Company will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and The 5X Company and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

 

B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the Dutch Law without regard to any choice of law provisions.

 

C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against The 5X Company to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against The 5X Company may not be joined or consolidated with claims brought by anyone else.

 

D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents The 5X Company from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect The 5X Company’s rights prior to, during, or following any arbitration proceeding.

 

F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or The 5X Company commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

 

XVII. Changes to Terms

The 5X Company reserves the right to change these Terms, in whole or in part, from time to time at The 5X Company’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.the5xcoach.com/terms By Your continued use of The 5X Company’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.

 

XVIII. Severability

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

 

XIX. Waiver.

No waiver by The 5X Company of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

 

XX. Heading.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

 

XXI. Notice.

Any notice required to be given to The 5X Company under or related to these Terms must be in writing, addressed as follows:

 

The 5X Company/ The 5X COACH

Obrechtstraat 291
2517TX, The Hague

The Netherlands

 

Support and Inquiries: support@the5xcompany.com 

Notices to You may be made by posting a notice (or a link to a notice) on https://www.the5xcoach.com/terms by e-mail, or by regular mail, at The 5X Company’s discretion.

THIS TRANSLATION IS OFFERED TO YOU AS A SERVICE; ONLY THE ORIGINAL DUTCH VERSION HAS LEGAL VALIDITY