The following constitutes an agreement between you (and the business you work for) and The Executive Edge, Inc. (“we”, “us” and “our”) governing your use of the www.theexecutiveedge.net web site (the “Site”). Use of the Site constitutes your acceptance of and agreement to these Terms of Use. IF YOU DO NOT AGREE TO THE TERMS BELOW, DO NOT USE THE SITE.
The Site is owned and operated by The Executive Edge® Inc., an Illinois Corporation. We offer consulting and training services in human resources, specifically, executive coaching, strategic planning, organizational development, training & development and team building (the “Services”) and various related products (“Products”). We may change or discontinue the Site, Services or Products at any time and without notice.
We have the right to take any and all action we deem necessary to ensure the integrity of the Site, Services and Products. In no event and under no circumstance will we be liable to you for any losses or damages resulting or arising from any action or inaction on our part under this provision.
Prohibited Conduct
You may only use the Site for lawful purposes and only as we permit in these Terms of Use. You may not reproduce, duplicate, copy, or otherwise exploit this Site for any commercial purposes. The following rules are not exhaustive and we may revoke your access to the Site at any time if you violate any of these rules:
- You may not submit or transmit through the Site any material or engage in conduct that:
- Violates or infringes the rights of others including intellectual property rights;
- Impersonates any person, business or entity, including The Executive Edge®, Inc.;
- Contains a virus or worm or permit the unauthorized use of a computer or network;
- Encourages conduct that would constitute a criminal offense or creates civil liability;
- Interferes with the operation of the Site or anyone else’s use of the Site;
- Uses a robot, spider or other device or process to monitor the activity on or copy content from the Site;
- Uses any metatags, search terms, key terms, or the like that contains the Site name, The Executive Edge®, Inc. or any of its trademarks or service marks;
- Transmits, directly or indirectly, any unsolicited bulk communications (including email and instant messaging) or collects information on Site users for the purpose of sending unsolicited bulk communications;
- Embeds any page of the Site in “frames” running form other web sites;
- Creates client accounts by automated means or under false or fraudulent pretenses;
- Mirrors the Site or Service on any other web site or server;
- Falsely states or implies that you are sponsored or endorsed by us.
Use of the Site
We grant you the limited, revocable license to access and use the Site solely to learn about and request our Services and buy our Products, subject to your compliance with these Terms of Service. This does not include the right to collect or use information contained on the Site for purposes we prohibit, or to compete with us, or make any reproductions or adaptations of content in the Site. If your use of the Site goes beyond the scope of what is authorized in these Terms of Service, we will revoke your license to use the Site and block your access to it.
When you visit the Site you consent to receive communications from us by email including promotional communications.
Linking
We may include links in the Site to other web sites. You acknowledge that we have no control or liability for the content on any linked site or blog or any merchandise sold on those sites and blogs.
Indemnification
You agree to defend, indemnify and hold The Executive Edge®, Inc. and our officers, employees, agents and advertisers, harmless from any and all liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms of Service or any local or federal laws or regulations or for anything that others do in reliance on your postings. You accept full responsibility for complying with applicable laws and regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICALBE LAW, THE SITE, ITS CONTENT AND PRODUCTS ARE PROVIDED “AS IS.” NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ARE MADE INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE, OR THAT THE SITE, SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS.
Limitation of Liability
In no event shall The Executive Edge®, Inc. or any of its officers, employees, agents or advertisers be liable for any special, indirect, consequential damages or punitive damages arising out of use of the Site, Services or Products. We reserve the right to correct any errors or omissions in the Site.
Copyrights
We own or license all copyrights in and to the content, designs, information, text, software, data, images and materials displayed on, or used in connection with, the Site, excluding third party advertising. This Site and its content may only be used as we permit; all other uses, including reproduction, modification, distribution, transmission, republication, display or performance of the content on this Site is strictly prohibited.
Service Marks
“The Executive Edge®” and “AdvantEdge” are our service marks. These marks may not be used in any way that is likely to cause consumer confusion, dilute the marks or in any manner that discredits or disparages The Executive Edge®, Inc. or any of its employees.
Dispute Resolution
These Terms of Service and any claim or dispute that you may have with us shall be governed by Illinois law, without regard to conflict of law provisions. You agree that any disputes or claims that you may have against us will be submitted to confidential arbitration in DuPage County, Illinois before a single arbitrator in accordance with the commercial rules of the American Arbitration Association. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may file an action seeking injunctive relief in any court of competent jurisdiction and you consent to the person jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the Circuit Court for the Eighteenth Judicial Circuit in Wheaton, Illinois and the U.S. District Court for the Northern District of Illinois, Eastern Division, in Chicago. The arbitrator’s award shall be final, binding and conclusive except that it may be appealed pursuant to the Federal Arbitration Act. The arbitrator’s decision shall be in writing supported by written findings of fact and conclusions which shall set forth the award and may be entered as a judgment in any court of competent jurisdiction. In rendering the decision, the arbitrator shall follow Illinois law and not use equitable principles which would permit the arbitrator to ignore these Terms of Service or the law. Any award is subject to all dollar and other limitations in these Terms of Servce. To the fullest extent permitted by applicable law, no arbitration shall be joined to one involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to use of the Site, Services or these Terms of Service must be brought within one (1) year after such claim or cause of action accrues or it shall be forever barred.
Miscellaneous
Should any part of these Terms of Service be held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure to enforce any of these terms shall not be deemed a waiver of such provision nor the right to enforce such terms. We reserve the right to change these Terms of Service without notice.
Privacy Policy
We respect your privacy, as a user of this Site. We created this Privacy Policy to inform you of the information we collect about you as well as how that information is used and with whom it is shared. Please read this carefully and contact us if you have any questions. By using the Site you are accepting the practices described in this Privacy Policy.
This Privacy Policy covers the collection of personal and non-personal information. Personal information is any information associated with your name, personal identity, business that you represent, and contact information. Non-personal information is data about usage patterns, reported in aggregate, which is not associated with a specific personal identity. Personal information will only be used in response to your request for further information about the Services and to contact you regarding other products or services offered by us.
We do not sell, lease or otherwise share any user information obtained through the Site with third parties. However, we may allow third parties to display advertisements on the Site and they may use cookies and other tracking technologies to collection information about users who view or interact with their advertisements.
Rev 05-04-10
