Five to Nine Terms and Conditions

Overview
Welcome to Five to Nine. Thank you for choosing our services and products. Below you will find important legal terms that govern how you may access, use and purchase our services and products, including, but not limited to, our consulting services, website templates, social media templates, trainings, courses, and other resources such as video tutorials, guides, workbooks, checklists, blog posts, and emails. Please read these terms carefully before purchasing or using any of our services and products. By accessing, using and/or purchasing our services and services you accept and agree to the following Five to Nine Terms and Conditions, which constitutes a legally binding agreement (the “Agreement” or “Terms”) between "you"—the purchaser and/or user of any product, service, or resource—and "us," Five to Nine.

Payments
We use a third party to process and receive any payments you make on our website. All information obtained during your purchase—such as name, address, payment method, credit or debit card number, and billing information—may be collected by both us and our payment processing platform.

You agree to only purchase offerings for yourself or for another person who has given you the express consent to provide their information as stated above.

By purchasing our offerings, you agree to the following terms:
• Any payment information you provide is true and complete;
• Charges incurred by you will be honoured by your bank, credit card company, or e-commerce company (e.g., PayPal);
• You will pay the incurred charges at the agreed-upon prices, including all applicable taxes;
• You give us permission to automatically charge your debit card, credit card, or e-commerce account; and
• If your initial payment method is dishonoured, you will still pay the incurred charges, including any surcharges or applicable fees.

We reserve the right to cease your access to our offerings immediately and permanently if payment is not received within 7 days. You will still be held liable for the full cost of the offering.

Terms of Use
All the intangible assets that are accessible on or offered through our website are protected by intellectual property laws. The use and reproduction of these assets without accordance to this agreement is strictly prohibited.

Intellectual Property
All rights, title, and interest in and to the services and products offered to you, including any and all copyrightable materials which may be subject to any intellectual property rights under applicable law, are solely owned by Five to Nine and its suppliers. These intangible assets—including but not limited to the text, information, logos, images, graphics, audio, video, and aesthetic—are protected by copyright and other proprietary laws.
Subject to your compliance with these terms, Five to Nine grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Five to Nine services and products for its intended purpose only. These terms do not convey any right or interest in or to Five to Nine’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above.

Five to Nine name, logo, slogan, and other related identifiers are trademarks belonging to Five to Nine. You are not allowed to use these marks without prior written permission from us.

Your purchase of our templates does not result in the transfer of the intellectual property to you. You must agree to abide by these laws for the continued use of our offerings.
If you violate Five to Nine intellectual property rights, your access to our offerings will be terminated immediately. You may also be subject to further penalties and damages as the law permits.

Limited Licensing
Each purchase grants you a limited, non-exclusive, non-transferable, single-seat license to the template. This means that you may use the template for only one website. To use the template more than once, you must purchase a separate license for each project.

By accessing or using our offerings, you agree to abide by these terms:
• You may not modify, share, or exploit any of our offerings in whole or in part.
• You may not use, adapt, or represent our offerings as if they were created by you.
• You may not duplicate, trade, or distribute our offerings to another person in any way that earns them money.
• You may not create any derivative work and offer competing offerings based on information contained in your purchase.
• You may not violate our intellectual property rights, including copyright and trademark, as specified above.
You understand that engaging in unauthorized use of our offerings is considered theft, and we reserve the right to prosecute it as a civil and/or criminal offense.

Template Access
You are granted lifetime access to the templates and supplementary resources, such as tutorials and workbooks. This means you will have access for the entire life of these offerings from the date of purchase, including content updates.
We reserve the right to discontinue our offerings at any time in the future, for any reason. If this happens, we will give you 30 days’ notice, so you have ample time to back up the resources.

Should we decide to repackage these existing resources into a shorter or longer offering, you agree that we are not obligated to provide you that separate offering for free or at a discount.

We do our best to ensure that your experience of our templates is free of interruptions. However, due to the digital nature of our offerings, we cannot guarantee that your access will not be restricted periodically to make way for repairs, maintenance, or updates.
We will not be held liable for refunds or damages, should our offerings be rendered inaccessible to you due to network failures, server overload, backup procedures, or other similar reasons.

Media Release
By posting, submitting, or distributing content—such as comments, photos, or videos—in our website and community, you are granting us the right to use them in our marketing or promotional efforts, now or at any time in the future.

This right includes granting us the use of your name and intellectual rights such as copyright and trademark to identify you as the author of your content. You acknowledge that this usage would require neither permission from nor compensation to you.
We are not obligated to display your content on our offerings, and we may choose to remove your content at any time for any reason.

Confidentiality
When you purchase our offerings, we may collect your personal data, including but not limited to the following:
• Name, address, and contact details
• Demographic information (e.g., age, income, location)
• Billing and payment information (e.g., credit or debit card)
• Preferences, interests, and other information that may identify you
By participating in the use of our offerings, you grant us the permission to use and store your personal data. We respect your privacy, so we will not disclose any information you provide except as stated in this agreement.
We will exert our best efforts to keep your data safe and secure. However, we make no assurances about our ability to prevent the loss, misuse, or alteration of your personal data. Submitting your confidential information is done at your own risk.

Lawful Purposes
You agree to access and use our services, products and resources for legitimate and lawful purposes only. This means that you shall not use our offerings in a manner that infringes the rights of others, encourages crime, or constitutes fraud.

Five to Nine reserves the right to revoke your access from our offerings if you violate these terms and policies.

We also reserve the right to investigate complaints and reported violations and take any action we deem necessary or appropriate. This includes but is not limited to reporting any suspected unlawful activity to law enforcement and disclosing any information as needed.

Policies
The following policies identify the duration and scope of template installation, support, and refund. Note that we cannot help you with issues that arise from third-party plugins and user modifications.

Installation Policy
Your purchase of any template includes the delivery of your template copy to your email within [2 business days] of purchase.

If you avail our installation service on an existing Squarespace site, we will do our best to complete it within [5 business days]. This service includes the following:
• Immediate access to the template's video tutorials, code documentation, and other supplementary resources
• Transfer of the purchased template as a separate site to your Squarespace account within [2 business days]
• Inclusion of placeholder content, images, and graphics as featured in the demo website
• Configuration of site styles and plugins to match the template's demo website
These actions fall outside the scope of the template installation:
• Migration or transfer of your existing website content and media
• User-specific configurations and customization of the template in any form, including changes to content, colors, and functionality
• Purchase or setup of a new Squarespace account
• Installation of third-party plugins
• Revisions of any form

We strive to represent our templates as accurately as possible. But due to Squarespace updates, there may be minor differences between the demo version and the installed template. Some sections or blocks may also appear un-styled before user-specific configurations.

Though installation would not change the content on your existing website, it does materially affect how the content is displayed in the browser. You can set up a cover page or a temporary password during the process.

Since the template will be transferred to your account as a separate site, you will have to manually migrate any preexisting content. Take note that you will also have to replace the placeholder images as well or purchase their respective licenses from our affiliate.
Please understand that backlog or other unforeseen circumstances (e.g., medical emergency, natural disaster, act of war) may cause delays to our services. We will do our best to keep you updated on progress. However, no compensation will be provided for the delayed delivery of the template.

We also do our best to protect your existing website data during the installation. However, in the unlikely event that something goes wrong, Five to Nine cannot be held liable for lost or corrupted blocks, sections, pages, or code. We strongly encourage you to back up your site.

Support Policy
We offer 30 days of support beginning on the date of your purchase. Within this period, you are entitled to a reasonable amount of support from us—the definition of which will be determined by Five to Nine at our sole discretion.

Requests for support must only be made by submitting a ticket at nicole@fivetoninecreative.com. We aim to respond to your questions within 48 hours during business hours on weekdays, but please understand that this may take longer for more technical problems or during peak periods.
We provide assistance for the following areas of concern:
• Pre-installation of our website templates
• Clarification on our template features or settings
• Effects of Squarespace updates on our templates
• General template bug fixes and patches
However, take note that our support does not cover the following:
• General Squarespace questions and issues
• Design strategy or guidance on template use
• Compatibility with third-party plugins
• Issues from modifications of custom code or functionality
• Server or hosting configurations

Upon submitting a ticket, be prepared to present your proof of purchase to confirm your order.

We reserve the right to suspend or deny our support services without notice for anyone who disrespects our support team. We will also not tolerate unreasonable demands or abuse of our support system.

Refund Policy
Due to the non-tangible, digital nature of our offerings, we do not issue refunds or exchanges if you are unsatisfied with them. Please review the template page and live demo prior to purchase. Kindly contact us if you have any other questions or clarifications.

Five to Nine reserves the right to refuse the delivery of the product for any reason. If payment was made before refusal, we will promptly issue the refund. You acknowledge that we do not have control over the third-party payment processor and associated fees.
Five to Nine also reserves the right to cancel any installation order at any time. If this occurs, you will be refunded the full amount of the service but not the cost of the template itself.

Disclaimers
By agreeing to the following, you agree that Five to Nine does not guarantee results or potential earnings, nor will we be held responsible for legal or financial consequences of your purchase.

Legal & Financial Disclaimer
This agreement in no way forms a partnership, joint venture, employment, franchise, or agency relationship between you and Five to Nine.

Five to Nine only intends to provide you these offerings for informative and educational purposes. This instruction is not meant to be a substitute for financial or legal advice.
We advise you to consult with your own accountant, lawyer, or financial advisor for any concerns you have for your specific situation.

Earnings Disclaimer
You acknowledge that we cannot promise or guarantee a particular result, financial or otherwise, through the use of our offerings. Your success and earnings are dependent on your personal ideas, skills, and commitment. In other words, you are solely responsible for your results.

We have spared no effort to accurately represent the potential of our offerings. Note that these products and services are not affiliated to or sponsored by any platform, including Squarespace.

Testimonials Disclaimer
Kind words and testimonials presented on our website are true to the individuals who contributed them. However, they are individual results and are not representative of all those who will purchase our offerings.

These statements are merely intended to demonstrate what the best and most motivated users have achieved with our templates.

Limitation of Liability
Five to Nine's obligations under these Terms shall be strictly limited to its terms. The limit of liability to you for any claim whatsoever under these terms is the total sum paid by you for the services or products purchased. In no event shall such liability on the part of Five to Nine to you under these terms exceed the sum paid by you. Five to Nine shall not be liable for any indirect, loss of opportunity or loss of profits, loss of use, incidental, punitive, or consequential damages. Five to Nine shall not be responsible for any injury, damages, or losses resulting from the client’s negligence, or any cause beyond our control. Our liability is limited to the fullest possible extent permitted by law.

Assumption of Risk
You agree that you are voluntarily purchasing our offerings. You are using your own judgment in accessing our templates and services, and you are doing so at your own risk.
Hence, you are solely responsible for your actions and decisions based on the use, misuse, or non-use of our offerings.

Errors & Omissions
We have made every effort to present you with correct and up-to-date information in our offerings. However, since Squarespace as a platform and website design in general are constantly evolving, we cannot be held accountable for the accuracy or timeliness of our content.

We do not claim that our offerings are free of errors or omissions, that mistakes will be corrected, or that our site or content is free of viruses or any other harmful components. Our templates and supplementary resources are provided as is without warranties of any kind.

Third-Party Content
Five to Nine may feature content from third parties via interviews, blog posts, guest sessions, showcases, or other similar formats. We assume no responsibility for errors or omissions of third-party content since we cannot guarantee the accuracy or relevance of their data.
Similarly, we may provide external links to third-party websites. This does not mean that we have control over their information and privacy policy, or that we endorse their offerings. You agree to access these third-party sites at your own risk.

Force Majeure
Five to Nine will not be liable to you for any failure or delay in performance if it is caused by acts or circumstances beyond our reasonable control.

Our failure or delay will not constitute a breach of this agreement if they are caused by any of the following, without limitation:
• Acts of God (e.g., flood, fire, earthquake)
• Civil unrest and armed conflict (e.g., war, invasion, terrorism, riot)
• Disease outbreak (e.g., pandemic, epidemic)
• Labor dispute (e.g., lockout, strike)
• Technological breakdown (e.g., server failure, power outage)

Indemnification
You agree to defend, indemnity and hold harmless Five to Nine and its respective directors, officers, employees, and agents from any and all losses, damages, demands, claims, assessments, actions, deficiencies, penalties, interest, reasonable attorneys’ fees (including without limitation those incurred to enforce this indemnity), and other costs and expenses (collectively “losses”), related to or incurred as a result of your acts or omissions, negligence, and/or your breach of any portion of these terms. If any action is brought against Five to Nine with respect to any allegation for which indemnity may be sought from you, Five to Nine will promptly notify you of any such claim of which it becomes aware and will (i) provide reasonable cooperation to you at your sole expense in connection with the defence or settlement of any such claim and (ii) be entitled to participate at its own expense in the defense of any such claim. You shall not acquiesce to any judgment or enter into any settlement that adversely affects Five to Nine’s rights or interests without the prior written consent of Five to Nine.

Release of Claims
Five to Nine will not be held liable to any party for any type of damages from the use or reliance on our offerings. You agree to release us from all claims, including but not limited to:
• Loss of revenue, anticipated profits, savings, or goodwill
• Theft, deletion, or corruption of confidential information
• Personal or business interruptions
• Misapplication of information
• Provision or failure to provide services
Since some states or jurisdictions do not allow the exclusion or limitation of liability, these may not apply to you. If you are dissatisfied with the template or any portion of it, your sole and exclusive remedy is to discontinue its use.

International Users
Our offerings are operated and controlled by Five to Nine from within its location in the United Kingdom. If you use our offerings from a location outside of the United Kingdom, you are responsible for complying with all your local laws. You agree not to access our offerings in any territory or in any manner prohibited by applicable laws and regulations.

Modification
Five to Nine reserves the right to change these terms without notice. The most current version of this agreement will take the place of all previous versions. We encourage you to review these terms periodically to stay informed of important changes.

Termination
Five to Nine reserves the right to terminate your access and use of our offerings at any time if you become disruptive to other users or violate this agreement. In the event of termination, you will not be entitled to a refund and will not be excused from any remaining payments.
The provisions of this agreement—including terms of use, disclaimers, limitation of liability, and release of claims—will still apply, even after termination by either party.

Relationship. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

Attorneys' Fees. The prevailing party in any action to enforce or interpret any provision or provisions of this Agreement shall be entitled to its/his/her reasonable attorneys' fees in addition to all other costs associated with the action or appeal whether or not the action advances to judgment, including any and all costs for expert witnesses, in addition to any other relief to which that party may be entitled.

Severability. If any provision or any part of any provision of this Agreement is for any reason held to be invalid, unenforceable, or contrary to any public policy, law, statute ordinance, then the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.

WAIVER OF JURY TRIAL. EACH PARTY TO THIS AGREEMENT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THIS AGREEMENT OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY OTHER AGREEMENT CONTEMPLATED AND EXECUTED IN CONNECTION HEREWITH, OR ANY COURSE OF DEALING, COURSE OF CONDUCT, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO.