Terms of Use

BY USING AND/OR VISITING WWW.EXECSIGHT.COM, INCLUDING WITHOUT LIMITATION ALL OTHER "EXECSIGHT" BRANDED DOMAIN NAMES AVAILABLE THROUGH WWW.EXECSIGHT.COM, AND ANY CONTENT AVAILABLE THEREON (COLLECTIVELY, INCLUDING WITHOUT LIMITATION, THE CUSTOM PLATFORMS (AS DEFINED BELOW) AND ALL SITE CONTENT (AS DEFINED BELOW) AVAILABLE THEREON, THE "SITE"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF USE (THE "TERMS") AND THE TERMS AND CONDITIONS OF THE SITE’S PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE SITE. ExecSight, LLC, a California limited liability company, doing business as "The Institute of Executive Development," its parent, subsidiaries, divisions, affiliates, successors and assigns (collectively, "ExecSight," "The Institute of Executive Development," "we," "our," or "us"), may, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions, so you should check back from time to time to review the current Terms. Nothing in these Terms shall be deemed to confer any third party benefits. These Terms were last updated on March 1, 2010.

In order to access some portions and features of the Site and take advantage of certain Site functionality provided by The Institute of Executive Development, some users choose to create a free standard account ("Standard Account") or a subscription client account ("Client Account") which accounts, for the avoidance of doubt, are each part of the Site. In addition, some users of the Site may be parties to or employees, agents or other authorized persons of users who are parties to existing agreements ("Custom Agreements") with us which govern the creation of customized platforms or versions of the Site ("Custom Platforms") and therefore have accounts related to the subscription for such Custom Platforms ("Subscriber Accounts"). All users, including without limitation users who hold a Standard Account, a Client Account and/or a Subscriber Account are subject to and bound by these Terms. You may never allow anyone to use your Standard Account, Client Account or Subscriber Account, and you may never use another user's Standard Account, Client Account or Subscriber Account without prior written consent from The Institute of Executive Development. When creating your Standard Account, Client Account or Subscriber Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Standard Account, Client Account or Subscriber Account, and you must keep your Standard Account, Client Account or Subscriber Account password secure. You must notify The Institute of Executive Development immediately of any breach of security or unauthorized use of your Standard Account, Client Account or Subscriber Account. Although The Institute of Executive Development will not be liable for your losses caused by any unauthorized use of your Standard Account, Client Account and/or Subscriber Account, you may be liable for the losses of The Institute of Executive Development or others due to such unauthorized use.

1. User Contact Information.

The Institute of Executive Development's main purpose is to facilitate knowledge sharing among its users. Unsolicited offers to provide services to other users is discouraged unless you have an existing relationship with the recipient. Sending "spam" or generic unsolicited emails sent to several individuals is strictly prohibited.

2. Intellectual Property.

A. The content on the Site and all materials made available in connection with the Site, including, without limitation, User Comments and User Submissions (each as defined below), the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, any and all copyrightable material (including source and object code), all other materials related to the "look and feel" of the Site, any other form of intellectual property and all trade identities, trademarks, service marks and logos (collectively, "Trademarks") contained therein (collectively, the "Site Content"), is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Institute of Executive Development reserves all rights not expressly granted herein to and in the Site and the Site Content.

B. You agree to not engage in the use, copying, or distribution of any of the Site Content other than as expressly permitted herein, including, without limitation, any use, copying, or distribution of Site Content for any commercial purposes. If you download or print a copy of the Site Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of The Institute of Executive Development or the Site Content therein.

C. Trademarks displayed on the Site and in connection with the Standard Accounts, Client Accounts and/or Subscriber Accounts are the registered and unregistered Trademarks of The Institute of Executive Development and its licensors. You agree that you will not refer to or attribute any information to The Institute of Executive Development or its licensors in any public medium (e.g., press release, Web sites, social networking platforms and devices, etc.) for advertising or promotional purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, The Institute of Executive Development or its licensors.

3. Use of Site and Site Content.

A. The Institute of Executive Development hereby grants you a non-exclusive, non-transferable license to access and use the Site, on no more than a single computer at a time, as set forth in these Terms provided that: (i) your use of the Site and the Site Content, as permitted, is solely for your personal, noncommercial use, which for subscribers that are business entities shall mean for your internal and informational use; (ii) you will not copy or distribute any part of the Site or the Site Content in any medium without The Institute of Executive Development’s prior written authorization; (iii) you will not alter or modify any part of the Site or the Site Content other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with these Terms. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose any Site Content or functionality of the Site without The Institute of Executive Development's prior written consent.

B. You agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to The Institute of Executive Development servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, The Institute of Executive Development grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Institute of Executive Development reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including, without limitation, Standard Account, Client Account or Subscriber Account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below).

C. The Institute of Executive Development reserves the right to discontinue any aspect of the Site at any time. In the event that The Institute of Executive Development discontinues any Subscriber Account or Custom Platform prior to the termination of our contractual obligations under a Custom Agreement, then subject to the terms of such Custom Agreement, if we fail to reinstate such Subscriber Account or Custom Platform within 30 days of our receipt of notice from such Subscriber Account holder, we shall refund a pro rata portion of any prepaid fee or subscription payment paid to us for such Subscriber Account or Custom Platform for the remaining period covered by the Custom Agreement.

4. User Comments and Submissions.

A. You acknowledge and agree that The Institute of Executive Development shall own in perpetuity and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, sessions of any interactive services provided under Standard Accounts, Client Accounts and/or Subscriber Accounts and otherwise (collectively, "User Comments"), and you hereby waive any claims against The Institute of Executive Development for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with The Institute of Executive Development's use and publication of User Comments.

B. Users may be given the ability, as part of their Standard Account, Client Account and/or Subscriber Account, in the Custom Platforms or elsewhere on the Site, to post or publish other content, including, without limitation, articles, surveys, presentations and other documents ("User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Institute of Executive Development to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions (collectively, the "Rights"), to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms. By submitting User Submissions to The Institute of Executive Development, you hereby grant to The Institute of Executive Development in perpetuity a worldwide, non-exclusive, royalty-free, sublicenseable, transferable and irrevocable license in and to the Rights in and to all User Submissions, allowing The Institute of Executive Development to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions and derivative works in connection with the Site and The Institute of Executive Development's business, in any media formats. You also hereby grant each user of Site or the Custom Platform where such User Submission is posted, as applicable, a non-exclusive license, subject to the rights of The Institute of Executive Development, to access your User Submissions through Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions and derivative works as permitted through the functionality of Site and under these Terms. You understand that whether or not User Submissions are published, we do not guarantee any confidentiality with respect to any submissions, except as set forth in any applicable Custom Agreement.

The foregoing licenses granted by you shall not terminate after you remove or delete your User Comments and User Submissions from the Site, if applicable.

C. In connection with User Comments and User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Institute of Executive Development all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage The Institute of Executive Development or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of a business; or (v) impersonate another person. The Institute of Executive Development does not and cannot review all User Comments and User Submissions and is not responsible for any information contained in such User Comments and User Submissions. However, The Institute of Executive Development reserves the right to refuse to post and the right to remove any User Comments and User Submissions, in whole or in part, for any reason or for no reason. The Institute of Executive Development may on occasion update or correct user personal information which may appear incorrect (e.g. spelling mistakes in a company name, title, or city). The Institute of Executive Development does not endorse any User Comments or User Submissions or any opinion, recommendation, or advice expressed therein, and The Institute of Executive Development expressly disclaims any and all liability in connection with User Comments and User Submissions. The Institute of Executive Development does not permit copyright infringing activities and infringement of intellectual property rights on this Site, and The Institute of Executive Development will remove all content and User Comments and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. The Institute of Executive Development reserves the right to remove content and User Comments and User Submissions for any reason without prior notice.

D. The Institute of Executive Development will terminate a user's Standard Account, Client Account or Subscriber Account access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. The Institute of Executive Development also reserves the right to decide whether any User Comment or User Submission is appropriate and complies with these Terms for violations of these Terms other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Institute of Executive Development may remove such User Comments or User Submissions and/or terminate a user's Standard Account, Client Account or Subscriber Account access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

5. Notices of Infringement and Takedown by The Institute of Executive Development.

The Institute of Executive Development prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including, without limitation, rights of privacy and publicity) of any person or entity. If you are a copyright owner or an agent thereof and believe that any User Comments or User Submissions, or other Site Content, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent ("Copyright Agent") with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Web site are covered by a single notification, a representative list of such works at that Web site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Institute of Executive Development's designated Copyright Agent to receive notifications of claimed infringement is: Scott Saslow, The Institute of Executive Development, 152 Melville Avenue, Palo Alto, CA 94301 USA, email: copyrightagent@execsight.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to The Institute of Executive Development customer service through contact@execsight.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.

6. Warranty and Disclaimer.

THE SITE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT THE INSTITUTE OF EXECUTIVE DEVELOPMENT IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND/OR PROFESSIONAL SERVICES TO YOU. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE INSTITUTE OF EXECUTIVE DEVELOPMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, AS TO THE OWNERSHIP, ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE INSTITUTE OF EXECUTIVE DEVELOPMENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE INSTITUTE OF EXECUTIVE DEVELOPMENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability.

A. IN NO EVENT SHALL THE INSTITUTE OF EXECUTIVE DEVELOPMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SITE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

B. YOU SPECIFICALLY ACKNOWLEDGE THAT THE INSTITUTE OF EXECUTIVE DEVELOPMENT SHALL NOT BE LIABLE FOR USER COMMENTS OR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

C. THE SITE IS CONTROLLED AND OFFERED BY THE INSTITUTE OF EXECUTIVE DEVELOPMENT FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE INSTITUTE OF EXECUTIVE DEVELOPMENT MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

8. Third-Party Web Sites.

We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. The Institute of Executive Development has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

9. Indemnity.

You agree to defend, indemnify and hold harmless The Institute of Executive Development, and any officers, directors, shareholders, employees, agents, and representatives of The Institute of Executive Development, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, all attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term contained in these Terms; (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

10. Ability to Accept Terms of Service.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

11. No Legal Advice.

The Site Content and services provided in connection with this Site are not intended to be, and shall not be used as, legal advice. No attorney-client relationship is formed by the Site Content or the services provided in connection with the Site. You use the Site Content and services provided in connection with this Site at your own risk.

12. Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by The Institute of Executive Development without restriction.

13. General.

You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over The Institute of Executive Development, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and The Institute of Executive Development that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms, together with the Privacy Policy at http://www.execsight.com/About/PrivacyPolicy.php, any other legal notices published by The Institute of Executive Development on the Site, and any other standard terms and conditions that expressly govern any other services from The Institute of Executive Development that may be made available to you from time to time, shall constitute the entire agreement between you and The Institute of Executive Development concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Institute of Executive Development's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The Institute of Executive Development reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND THE INSTITUTE OF EXECUTIVE DEVELOPMENT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.