BY USING THE SERVICES, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” SIGNING THIS DOCUMENT (electronically or otherwise), REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH EXECUTIVEADVANTAGE.CO OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.
You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Consulting Programs, information related to your payment, information about your progress or other services that may be necessary to provide you with Consulting Program services.
Use of Third-Party Services
User Accounts and User Registration
While any Visitor can view the Site, in order to use the Site and take part in the Consulting Programs, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Consulting Programs.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrollment in the Consulting Programs, to the extent applicable.
By registering, you agree that:
· you are registered for the Program only once and will not share your login information with any other person regardless of affiliation
· If you are caught sharing logins your account will be permanently terminated without notice and without possibility of refund
Executive Advantage and the instructors of the Consulting Programs reserve the right to alter, modify or rearrange the schedule of topics for the Consulting Programs.
User Conduct Policy
In addition, you may not post, upload, or transmit to or otherwise make available through the Site any content, communications, or other information (collectively, “Unauthorized Content”):
· that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
· that is trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staffer other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
· that interferes with a User’s business or services;
· that takes any action that may undermine online reviews or feedback;
· that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
· that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts);
· that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
· that violates the rights of other Users of the Site; or
· that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
Intellectual Property Rights
All content or other material available on the Site or through the Consulting Programs, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, software, spreadsheets, tools, resources, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Executive Advantage and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
Executive Advantage logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of Executive Advantage and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners.
In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Executive Advantage.
License to Use the Site and Consulting Programs
The Site may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site or Consulting Programs, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Executive Advantage does not claim ownership of any User Content you may submit or make available for inclusion on the Site or Consulting Programs. Accordingly, subject to the license granted to Executive Advantage below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to Executive Advantage, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to Executive Advantage’s Content or Services which you may propose or make or which User and Executive Advantage may jointly make. To the extent such rights cannot be assigned, you hereby waive such rights as Executive Advantage, its affiliates, and its and their customers and business partners.
With respect to any User Content you submit to Executive Advantage (including for inclusion on the Site or Consulting Programs) or that is otherwise made available to Executive Advantage, you hereby grant Executive Advantage an irrevocable, worldwide, perpetual, royalty-free and nonexclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site or in the Consulting Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Executive Advantage above shall be exclusive. Executive Advantage reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Executive Advantage to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Executive Advantage, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Use of Communication Tools and Related Services
To purchase any Services or Products offered by Executive Advantage through the Site, including Consulting Programs, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to Executive Advantage’s third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Executive Advantage Site as they become due, whether on a one-time or subscription basis.
Our refund policy is as follows: Customers are entitled to a full refund if they participate in at least 4 Consulting Calls, complete all action items from the following sections in the Consulting Program: Phase 1 – Business Foundations, Phase 2 – Booking Appointments, Phase 3 – Setting Up Your CRM, and Phase 4 – Client Acquisition, and can demonstrate same to an Executive Advantage representative within 30 days from the date of purchase. Clients who have taken these actions tend to achieve best results, so this practice aims to hold people accountable to doing the work and achieving the best possible outcome. If Customers cannot demonstrate that they have completed these steps within 30-days from date of purchase, they are not entitled to a refund. If customers request after 30 calendar days they are not entitled to a refund.
When you sign up to our Consulting Programs you will either pay upfront in full or split the total amount payable over a payment term. All payments divided over terms incur finance charges. When you sign up to our Services you acknowledge and agree to pay the entire balance of the purchase including all monthly payments due and any finance charges added. Failure to pay the remaining balance on any purchase invoice will involve our internal billing team making contact with you to collect payment for 30 days and then failing that we will hand the account over to a collections agency for formal collections which may incur additional collections fees and harm your credit rating. Failure to pay any due balance on your account will result in immediate suspension of your account and you will not be able to access the Consulting Programs. We will make contact with you for 30 calendar days to collect payment and re-activate your account but if we are not successful, we will terminate your account permanently and you will not be able to access the Consulting Program again unless you pay in full at the standard purchase price.
You acknowledge and agree that Executive Advantage’s services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site maintenance). You also understand that Executive Advantage, at its sole discretion, may limit, suspend, or terminate your use of all Executive Advantage-provided services related to Executive Advantage’s services and may modify or discontinue all services related to its programs at its sole discretion.
You expressly acknowledge and agree that your use of the Site, the Consulting Programs and all Content and services available on the Site is at your sole risk and responsibility. THE CONSULTING PROGRAMS (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE CONSULTING PROGRAMS AND CONTENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE CONSULTING PROGRAMS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE CONSULTING PROGRAMS WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE CONSULTING PROGRAMS, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE CONSULTING PROGRAMS AND CONTENT.
Limitation of Liability and Consequential Damages Waiver
ALL LIABILITY OF EXECUTIVE ADVANTAGE, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF (I) THE MONEY PAID TO EXECUTIVE ADVANTAGE FOR SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (II) TEN US DOLLARS ($10). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
IN NO EVENT SHALL EXECUTIVE ADVANTAGE, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
No Class Actions
You agree that you will only be permitted to bring claims against Executive Advantage on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.
Linking to Other Sites
The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Executive Advantage does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason.
Termination of Rights
Dispute Procedure and Claims of Copyright Infringement
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Executive Advantage’s Copyright Agent with the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
· a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
· a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Consulting Programs;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
Executive Advantage’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent: Executive Enterprises, Inc. Email: firstname.lastname@example.org.
Executive Enterprises, Inc, Toronto, Canada. Email:email@example.com
The section titles herein are displayed for convenience only and have no legal effect.