Terms of Use

Last updated: Nov 15, 2022

Welcome to Verticals Incorporated. We provide website features and services to you when you visit or shop in our apps, use Verticals Inc. products or services, or use Verticals Inc. applications for mobile. Verticals Inc. provides Verticals Services subject to the following conditions.

By using Verticals Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Verticals Services, and sometimes additional terms may apply. When you use a Verticals Service (for example, Your Profile, Video, or Verticals applications), you also will be subject to the guidelines, terms, and agreements applicable to Verticals Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY
Please review our Privacy Policy, which also governs your use of Verticals Services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use Verticals Services, you consent to receive communications from us electronically, such as emails, texts, or mobile push notifications. You agree that all agreements, notifications, disclosures, and other communications we provide electronically satisfy any legal requirement.

COPYRIGHT
All content included in or made available through any Verticals Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Verticals Inc. and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Verticals Service is the exclusive property of Verticals Inc. and protected by U.S. and international copyright laws.

TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Verticals Service are trademarks or trade dress of Verticals Inc. in the U.S. and other countries. Verticals trademarks and trade dress may not be used in connection with any product or service that is not Verticals Inc., in any manner that is likely to confuse customers, or in any manner that disparages or discredits Verticals. All other trademarks not owned by Verticals Inc. that appear in any Verticals Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Verticals Inc.

PATENTS
Portions of the Verticals Services operate under the license of one or more patents.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms and your payment of any applicable fees, Verticals Inc. or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Verticals Services. This license does not include any resale or commercial use of any Verticals Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Verticals Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Verticals Inc. or its licensors, suppliers, publishers, rightsholders, or other content providers. No Verticals Service, nor any part of any Verticals Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express wrote consent of Verticals Inc. Without the express written consent, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Verticals Inc. You may not use any meta tags or any other “hidden text” utilizing Verticals’ name or trademarks without the express written consent of Verticals Inc. You may not misuse the Verticals Services. You may use the Verticals Services only as permitted by law. The licenses granted by Verticals terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT
You may need your Verticals account to use Verticals Services, and you may be required to be logged in to the account. You are responsible for maintaining your account’s confidentiality and password and restricting access to your account. You agree to accept responsibility for all activities under your account or password. Verticals sell products for children but sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Verticals Services only with the involvement of a parent or guardian. Verticals reserve the right to refuse service, terminate accounts, terminate your rights to use Verticals Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, and likes; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Verticals reserve the right (but not the obligation) to remove or edit such content but do not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Verticals a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Verticals and sublicensees the right to use the name you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Verticals for all claims resulting from content you supply. Verticals Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Verticals Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS
Verticals Inc. respects the intellectual property of others. However, if you believe your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS
All purchases of physical items from Verticals are made under a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE
Verticals Inc. does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Verticals does not take title to the refunded item. For more information about our returns and refunds, please see our email at our Return Center at admin@the5mx.com.

PRODUCT DESCRIPTIONS
Verticals attempt to be as accurate as possible. However, Verticals does not warrant that any Verticals Service’s product description or other content is accurate, complete, reliable, current, or error-free. If a product offered by Verticals is not as described, your sole remedy is to return it unused.

PRICING
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Verticals and other retailers. In addition, certain products may have an “Old Price” displayed, which is determined using the recent price history of the product on Verticals. Concerning items sold by Verticals, we can only confirm an item’s price once you order. Despite our best efforts, a small number of the items in our catalog may need to be more affordable. Suppose the correct price of an item sold by Verticals is higher than our stated price. In that case, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

SANCTIONS AND EXPORT POLICY
You may not use any Verticals Service if you are the subject of U.S. sanctions or sanctions consistent with U.S. law imposed by the governments of the country where you are using Verticals Services. In addition, you must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including PFXP Software), technology, and services.

OTHER BUSINESSES
Parties other than Verticals operate stores, provide services or software, or sell product lines through Verticals Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any products or services offered by these businesses or individuals, you purchase directly from those third parties, not from Verticals. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Verticals do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE VERTICALS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VERTICALS SERVICES ARE PROVIDED BY VERTICALS INCORPORATED ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. VERTICALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VERTICALS SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VERTICALS SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VERTICALS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, PFXP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VERTICALS DOES NOT WARRANT THAT THE VERTICALS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VERTICALS SERVICES, VERTICALS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM VERTICALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, VERTICALS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VERTICALS SERVICE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY VERTICALS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating to your use of any Verticals Service or any products or services sold or distributed by Verticals Inc. will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Stubbs Alderton & Markiles, L.L.P., 15260 Ventura Blvd., Sherman Oaks, CA 91403, Attn: Louis Wharton. The American Arbitration Association (A.A.A.) will conduct the arbitration under its rules, including the A.A.A.’s Supplementary Procedures for Consumer-Related Disputes. The A.A.A.’s rules are available at www.adr.org or by calling 1-800-778-7879. The A.A.A.’s rules will govern payment of all filing, administration, and arbitrator fees. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Verticals will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.
We each agree that any dispute resolution proceedings will be conducted only individually and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

APPLICABLE LAW
By using any Verticals Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Verticals.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Verticals Services. We reserve the right to change our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS
Verticals, Inc.
137 N Larchmont Blvd 605
Los Angeles, CA 90004
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Verticals Services (the “Verticals Software”).
Use of the Verticals Software. You may use Verticals Software solely to enable you to use the Verticals Services as provided by Verticals Inc. and as permitted by these Conditions of Use and any Service Terms. However, you may not incorporate any portion of the Verticals Software into other programs or compile any portion of it in combination with other programs or otherwise, copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Verticals Software in whole or in part. All software used in any Verticals Service is the property of Verticals or its software suppliers and is protected by United States and international copyright laws.

Use of Third-Party Services. When you use the Verticals Software, you may also use the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the third parties’ separate policies, terms of use, and fees.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Verticals Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Verticals Software at any time and without notice.
Government End Users. Suppose you are a U.S. Government end user. In that case, we are licensing the Verticals Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. ยง 2.101), and the rights we grant you to the Verticals Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In case of any conflict between these Conditions of Use and any other Verticals or third-party terms applicable to any portion of Verticals Software, such as open-source license terms, other terms will control that portion of the Verticals Software and the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Verticals accept service of subpoenas or other legal processes only through Verticals’ national registered agent, Stubbs Alderton & Markiles, L.L.P.).
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Please submit your complaint using our online form if you believe that your intellectual property rights have been infringed. Complains may use this form to report all types of intellectual property claims, including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Verticals, Inc., 137 N Larchmont Blvd 605, Los Angeles, CA 90004
Email: admin@the5mx.com
Written claims concerning copyright infringement must include the following information:
o A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
o A description of the copyrighted work that you claim has been infringed upon;
o A description of where the material that you claim is infringing is located on the site;
o Your address, telephone number, and email address;
o 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; and
o A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.