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Terms and Conditions

EXECWEB PLATFORM TERMS OF SERVICE

  1. Introduction.
    1. Execweb Inc. (“Execweb” or “we”) provides a platform for identifying, engaging, and managing high-level subject matter experts (the “Platform”). The following terms and conditions, together with any documents incorporated by reference herein (these “Terms”), govern your access to and use of the Platform.
    2. By making use of the Platform, you agree to these Terms.
  2. Accessing the Platform; Account Security.
    1. Registration. To use or access the Platform, you are required to register for a client account. As part of your registration, we may ask you to provide information such as name, address or payment information (such information, “Registration Information”). You agree to provide us with accurate, complete and updated Registration Information.
    2. Corporate Account Control. If you create a client account as a representative of or on behalf of an organization (e.g. by using a corporate email address), that organization will be entitled to control and modify that client account and to otherwise exercise its rights under these Terms. If your organization elects to replace you as the representative with ultimate authority for the client account, we will provide you with notice following such election and you agree to take any actions reasonably requested by us or your organization to facilitate the transfer of authority to a new representative of the organization.
    3. Account Security. You agree to safeguard your client account and to make sure that others do not have access to your client account or password. You are solely responsible for any activity on your client account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your client account. You must immediately notify us if you know or have any reason to suspect that your client account has been accessed without your authorization or that your client account or password has been stolen, misappropriated or otherwise compromised.
    4. Eligibility. If you are an individual, you hereby represent and warrant that you are at or beyond the age of majority within your jurisdiction and, in any event, older than eighteen (18) years of age. If you are under the age of majority in your jurisdiction, please discontinue your use of the Platform. Execweb reserves the right to ask for proof of age and to withhold or terminate your use of the Platform if you are below the specified age requirement. You represent and warrant that you have the right, authority and capacity to agree to these Terms and to abide by all of the terms and conditions herein.
    5. Geographical Limitations. Accessing or using the Platform may be prohibited or restricted in certain countries or jurisdictions. Your right to use or access any of the Platform is void in any jurisdiction where such use or access is prohibited. You are responsible for complying with the laws and regulations of the country, territory or jurisdiction from which you access or use the Platform. By accessing or using the Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of, as the case may be, any person, organization or country which the United States has (i) identified as a “Specially Designated National,” (ii) placed on the Commerce Department’s Table of Deny Orders or (iii) specified as the target of a commercial embargo.
    6. Usage Monitoring. In order to improve the Platform for the benefit of you, your affiliates, and Execweb clients in general, you hereby agree that Execweb may, but is not obligated to, monitor the use of the Services by you and your affiliates.
  3. Platform Content.
    1. Execweb IP. The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Execweb, its licensors, or other providers of such material (collectively, “Execweb IP”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
    2. Limited License. Execweb grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform and other Execweb IP solely in accordance with these Terms. Such license is automatically revoked upon a termination of these Terms or your violation thereof. Except as explicitly provided in these Terms, neither Execweb nor its licensors grant you any right, license, title or any related intellectual property rights in the Platform or any other Execweb IP. You shall not reproduce, distribute, modify, retransmit, or publish any Execweb IP or any other copyrighted, trademarked, patented or otherwise protected material without the express written consent of the applicable owner or licensor.
    3. Ambassador Content. Certain content on the Platform is created and developed by the experts and executives under contract on the Platform (“Executive Ambassadors”) and provided to Execweb under license (“Ambassador Content”). Execweb cannot guarantee and makes no representations as to the accuracy or quality of Ambassador Content, all of which is offered “as is.” Execweb does not develop, endorse, and is not responsible for Ambassador Content. The use of a company or entity name in Executive Ambassador biographical or employment information should not be construed as an express or implied endorsement by such company or entity of Execweb. Executive Ambassadors have agreed to be bound by the certain terms and conditions and have represented, among other things, that they will not disclose information that is subject to a confidentiality obligation or participate in activities in violation of any agreements or duties owed to employers or other third parties. Execweb relies on the accuracy of these representations of the Executive Ambassador and does not necessarily seek independent verification.
    4. Feedback. To the extent that you give us feedback, comments, or suggestions concerning the Platform (collectively, “Feedback”), you acknowledge and agree that all Feedback is Execweb’s sole and exclusive property. You agree to irrevocably assign and transfer to us, and hereby do assign and transfer to us all of your right, title, and interest in and to the Feedback, including all intellectual property rights therein. To the extent that the foregoing assignment is ineffective for whatever reason, you agree to grant and hereby grant to Execweb a non-exclusive, perpetual, irrevocable, royalty free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform and otherwise exploit such Feedback without restriction. At Execweb’s request and expense, you shall execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining our intellectual property rights in and other legal protections for the Feedback.
    5. Recorded Content. Execweb may record roundtable discussions for syndication on its platform. Your hereby irrevocably grants Execweb permission, authorization, and license to produce such recordings and to make them, or any modification thereof available to Execweb’s clients or potential clients in any medium, throughout the world and without any further consent from or royalty to you. This Section does not apply to 1-on-1 strategy calls, for which Execweb may separately seek your permission on a case-by-case basis.
  4. Use of the Platform.
      • Legal Use. You agree not to use the Platform in a manner that is contrary to law, including, without limitation, applicable privacy laws, export or import controls and sanctions.
      • Circumnavigating Platform Policies. You agree to use only the tools provided on the Platform to contact our Executive Ambassadors. You agree not to contact such experts and executives directly regarding the types of engagements offered on the Platform or to negotiate payment outside of the Platform for any such engagements. This section does not apply to the extent that you can show a pre-existing professional relationship between you and the relevant Executive Ambassadors.
      • Interfering with the Platform. You agree not to interfere with or disrupt the Platform or servers, networks or devices connected to the Platform, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You shall not inject content or code or otherwise alter or interfere with the way any of the Platform are rendered or displayed in a user’s browser or device. In addition, you agree not to:
        1. probe, scan or test the vulnerability of any system or network;
        2. breach or otherwise bypass any security or authentication measures;
        3. access, tamper with or use non-public areas or parts of the Platform, or shared areas of the Platform that Execweb has not invited you to access;
        4. take apart, decompile or reverse engineer any part of the Platform in an effort to access things such as source code or algorithms;
        5. access, search or create accounts for the Platform by any means (for example, scraping, spidering or crawling) other than our publicly supported interfaces;
        6. take action that imposes an unreasonable load on our infrastructure or that of our third party providers (where Execweb reserves the right to determine what is reasonable or unreasonable); and
        7. provide your password to any other person, use any other person’s username and password, or otherwise manage the Platform through shared credentials (unless such management explicitly approved by Execweb).
      • Spamming and Phishing. You agree not to use the Platform to send spam, emails that violate the CAN-SPAM Act or other laws, emails to people who have not explicitly consented (where such consent is required) or other unsolicited communications (bulk or otherwise), promotions or advertisements. We reserve the right to determine what constitutes spam. You also agree not to send altered, deceptive or false source-identifying information (including any misleading or incorrect names, email addresses or subject lines), including, without limitation, phishing or spoofing.
      • Deceptive, Fraudulent or Criminal Behavior. You agree not to, and agree to use your best efforts to ensure that your affiliates do not: (i) use the Platform to act in a way that is false, fraudulent, inaccurate or deceiving; (ii) impersonate another person, company or entity; (iii) engage in misleading or unethical marketing or advertising; (iv) use unauthorized credit cards, debit cards or other unauthorized payment devices on the Platform; (v) promote or advertise products or services other than your own without appropriate authorization; (vi) sell the Platform unless specifically authorized to do so by Execweb; (vii) infringe or misappropriate anyone’s copyright, trademark or other intellectual property rights or to violate anyone’s privacy or publicity rights; or (viii) violate any laws through your use of the Platform, including, without limitation, all local laws regarding online conduct and acceptable content.
      • Harrassment. You agree not to: (i) threaten, harass or abuse any individuals; (ii) incite violence; (iii) publish sexually explicit or obscene material; (iv) condone or promote self-harm; or (v) condone or promote violence against any person or group based on race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age or disability.
      • Consequences of Prohibited Use. You shall use your best efforts to promptly notify Execweb of any act or omission by you or your affiliates that has resulted in or may likely result in the violation of this Section. If we conclude, in our sole discretion, that you have misused the Platform, we may take corrective action. We do our best to ensure fair outcomes, but in all cases, we reserve the right to remove any content or suspend or terminate your use of or access to the Platform, without liability or notice to you, at any time and for any reason (except where prohibited by applicable law). You may report violations of these guidelines directly to Execweb by emailing help@execweb.com.
  5. Reservation of Rights. We reserve the following rights without limitation, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Platform and its functionality; (b) we may suspend or discontinue parts or all of the Platform; (c) we may, subject to the termination provisions of these Terms, terminate, suspend, restrict or disable your access to or use of parts or all of the Platform; (d) we may delete or remove any content and (e) we may change our eligibility criteria to use the Platform (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Platform in that jurisdiction). Execweb reserves all rights not explicitly granted to you in these Terms.
  6. Privacy. All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  7. Confidential Information.
    1. You agree not to disclose or attempt to use or personally benefit from any Confidential Information, as defined below, you learn on the Platform. This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own. Confidential Information shall include: (i) information about actual or potential business, investment or trading decisions or transactions of any Execweb client; (ii) any other confidential information of Execweb, its clients, and Executive Ambassadors, and (iii) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of Execweb or its clients. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information, you agree to promptly notify Execweb and cooperate fully with Execweb in protecting such information to the extent possible under applicable law.
    2. You understand that an Executive Ambassador’s capacity to consult may be limited by other research collaborations or obligations they may have to entities or institutions with which they are affiliated or employed. Executive Ambassadors are also instructed not to reveal, and you shall not knowingly seek out from them, any material nonpublic information or confidential information concerning any company or entity with which they have or have had a consulting, advisory, employment or other relationship. To the extent you know about any such limitations or obligations, you agree to respect them in your interactions with Executive Ambassadors. You confirm that you shall not knowingly or recklessly use the Platform to access Executive Ambassadors who are employed by a company reasonably considered a direct competitor of yours or, if applicable, one of your business units, actively managed portfolio companies, affiliates or subsidiaries or the client you are acting on behalf of and will decline any discussion with any such Council Member.
  8. Digital Millennium Copyright Act Notice.
    1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible within the Platform infringe on your copyright, you may request removal of those materials (or removal access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
      1. Your physical or electronic signature.
      2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
      3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
      4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
      5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the written notice is accurate.
      7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
      8. Our designated copyright agent to receive DMCA Notices is:
        Attn: Copyright Agent
        Execweb Inc.
        2807 Jackson Avenue Floor 5, Long Island City, NY 11101
        516-703-1311
        copyright@Execweb.com
    2. Failure of Notice Requirements. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
    3. Misrepresentation. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
    4. Repeat Infringers. It is our policy in appropriate circumstances to disable or terminate the client accounts of users who repeatedly infringe copyright laws.
  9. Paid Services and Fees.
    1. Authorization. Execweb charges fees for certain services on the Platform (“Paid Services”). If you use a credit card to enroll in a Paid Service on the Platform, you hereby authorize Execweb to charge that credit card the amount indicated when you enrolled in the Paid Service.
    2. Refunds. Refunds are evaluated on a case-by-case basis. If you would like to request a refund, or, if you believe your credit card has been charged in error, please contact us at contact@execweb.com.
    3. Payment Information. You agree to provide Execweb with valid payment information in connection with your purchase of any Paid Services. By providing Execweb with your payment information, you agree that (i) Execweb is authorized to immediately invoice your client account for all fees due and payable to Execweb, (ii) Execweb is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify Execweb of any change in your payment information.
    4. Fee Changes. We may change our fees at any time. We will provide you with advance notice of these fee changes via the Platform. New fees will not apply retroactively. If you do not agree with any fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
    5. Taxes. Fees are stated exclusive of any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes and all other charges incidental to purchasing any of the Paid Services, except for those taxes based on Execweb’s net income. If any payments for any part of the Paid Services are subject to withholding tax by any government, you agree to reimburse us for such withholding tax. Where Execweb does not have a legal obligation to pay or collect indirect Taxes on a sale of any of the Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of the country where you are established, have a permanent address or usually reside.
    6. Currency. Unless otherwise stated, all monetary amounts specified in these Terms are in reference to lawful currency of the United States of America.
  10. Documentation and Support.
    1. Documentation. Execweb may make manuals, handbooks, and installation guides, or similar instructive material available on the Platform from time to time (the “Documentation”). Subject to these Terms, Execweb hereby grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use and make a reasonable number of copies of the Documentation solely for your internal business purposes in connection with your use of the Platform. This license is revoked automatically upon a termination of your account pursuant to these Terms.
    2. Support. Execweb shall make the Documentation accessible through the Platform. In addition, you may contact our customer support team at support@execweb.com.
  11. Termination.
    1. Generally. You understand and agree that Execweb may, in its sole discretion and at any time, terminate your password, your client account, or access to any Platform Content, for any reason. Execweb may also, in its sole discretion and at any time, discontinue any part of the Platform or limit your access thereto, for any reason. If Execweb deems you to be in violation of these Terms, you understand and agree that Execweb may take any one or more of the foregoing actions without prior notice to you. If Execweb has not deemed you to be in violation of these Terms, Execweb shall provide you with two (2) weeks prior written notice before taking such actions.
    2. Client Data. Should Execweb take any of the actions described in the subsection above, it may, in its sole discretion, immediately deactivate or delete any information related your client account. You understand and agree that Execweb shall not have any liability to you or any other person for any termination of your access to any part of the Platform or the removal of any information concerning your client account.
  12. Miscellaneous Provisions.
    1. If any term or provision of this Services Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Services Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
    2. This Services Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Services Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Services Agreement.
    3. This Services Agreement, and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties hereto with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
    4. THE CONTENT AND FUNCTIONALITY OF THE PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT EXECWEB IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXECWEB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE PLATFORM CONTENT OR THAT THE FUNCTIONALITY ON THIS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE EXECWEB PLATFORM IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL EXECWEB OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF EXECWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
    5. As a condition of your use of Execweb’s platform, Sponsor agrees to indemnify, defend and hold Execweb, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorney’s fees), or other expenses that arise directly or indirectly out of or from (a) Sponsor’s violation of this Services Agreement; (b) Sponsor’s use of the platform; or (c) Sponsor’s violation of the rights of any third party.
    6. This Services Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.
    7. All matters arising out of or relating to this Services Agreement shall be governed in accordance with the laws of the State of New York without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, County of New York with respect to all disputes arising out of or related to these Terms. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
    8. All sections contained within these Terms that, by their nature, should survive termination shall survive termination.
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